This Internet Acceptable Use Policy ('IAUP') defines the acceptable use of the Internet Service provided by the Company with the intention of ensure the quality of the service. Our clients are required to comply with this IAUP as a condition of receiving the service. For the purposes of this policy, clients are defined as any party who purchases Services from Telecarrier, Inc. merged with Cable Onda, S.A. - "The Company".
The Company clients are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the Company Network. Our Company hereby allows all clients to use the Internet service as set forth in this policy in order to have an acceptable use within the legal, ethic and responsible boundaries.
Our Company reserves the right to determine, at its sole discretion, what constitutes an abusive use of the Internet service and takes no responsibility for further legal actions in or out the Republic of Panama and/or for International Providers actions, such as IP blockings and black listings.
Each of the practices listed below (each, a "Prohibited Activity") constitute an abuse of our Network and interfere with other Customers. Such actions are prohibited and include, but are not limited to:
Unsolicited bulk or commercial messages are commonly known as spam, and this action is prohibited. Spam includes, but is not limited to, any of the following activities:
- Posting a single message or messages similar in content, to more than five online forums or newsgroups.
- Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
- Sending e-mail that may be considered to be harassing.
- E-mails with forged packet header information.
- Collecting the responses from unsolicited e-mail.
- Sending any unsolicited e-mail that could be expected to provoke complaints.
- Sending e-mail with charity requests, petitions for signatures or any chain mail related materials.
- Sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail.
- Sending e-mail that does not accurately identify the sender, the sender's return address and the e-mail address of origin.
- Sending e-mail after the user has asked to be removed from the mailing list.
- Any other similar activity.
The activities listed above are known as spamming or mailbombing and are not acceptable.
If the client owns a mail server, he must provide, configure and run all security systems to assure all the sending and receiving information works for his domains and therefore, it will not be exploited by a third party with the purpose of use it as a spam server. It is also prohibited to connect to servers with anonymous senders without the permission of the owner. If the mail server is a proxy server with the purpose of sharing multiple connections, the proxy must not allow external connections.
In order to mitigate burden or urgent conducts against the public order, moral values, local law, Internet courtesy rules, our Company is allowed to take actions against these behaviors. In addition, we reserve the right to charge the Customer with the amount of US$10.00 per spam e-mail, in order to avoid reoccurrence. If the problem persists, we will terminate the commercial relation with the client, because such messages seriously affect the efficiency of our Network, and that action can impact the services and bandwidth available to other users.
The IP (or class-C) blockings are taken to avoid international level blockings and to be listed in IP black lists, whose unblocking process is long and bureaucratic and could, take weeks to be processed.
Every transmission, distribution or storage of material against the law or regulation is prohibited. Including, but not limited to, fraud, forgery, slander, invasion of privacy, threats of physical harm, harassment, obscenity, child pornography, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights, and terrorism.
Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information.
Hacking activities and similar:
Any activity realized to accomplish illicit purposes is prohibited. Including, but not limited to, unauthorized access, stealing, blocking, damaging, overloading and sabotage of servers, computers, networks and/or any other electronically accessible information by the transmission of Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
It's also considered as a prohibited activity, any action that violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks (DoS), web page defacement, port and network scanning, and unauthorized system penetrations.
The client commits to not distribute information or programs related to malware, spyware, Trojans (with the purpose to obtain remote access to a computer), data destruction, security software disabler, downloader or any attacks, such as DoS, DDoS and backdoors.
In the field of computer security, Phishing is known as the criminally fraudulent process of attempting to acquire sensitive information such as, but not limited to, usernames, passwords and credit card details, by masquerading as a trustworthy entity in an electronic communication. Therefore it's prohibited to impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity with the purpose to obtain information to steal or clone one person identity. We will block immediately any phishing activities and after that will try to coordinate with the client the mitigation of the problem.
ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS "IAUP" BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION OF THE "IAUP" BY SUCH CUSTOMER OR CUSTOMER'S END USER.
RIGHTS AND REMEDIES
If our Company determines that a Customer, its representatives or its end users have breached or failed to comply with this IAUP or engaged (or permitted others to engage) in a Prohibited Activity, we will provide the Customer with the necessary information to solve and mitigate any breach or sustained complain. Any problem must be solved 24 hours after the notification, except in case of child pornography, raping and phishing, where the company will take immediate action by blocking the IP address. The client will be notified after that, in order to take corrective actions.
If the complain is related to illegal actions, the Company at its sole discretion will block the IP Address that support the illegal activities, and notify the case to the appropriate legal authorities. We will unblock the IP related to abusive activities, after receiving a written notification from the client, where he estates that the problem has been solved. Restoration of internet communications will follow proper verification, that corrective actions have been established.
Any complain must be sent to the following email account: email@example.com
The Company may take other actions in case of reoccurrence, such as:
- Suspending and/or terminating a Customer's Service at any time;
- Commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this IAUP;
- Undertaking further legal action against a Customer.
We will be entitled to reveal your identity or other data we hold regarding your use of the service to the police or other public authority if we are required to do so. The Company will consider all cases and complaints according to their individual merits.
The Company reserves the right to, where feasible; implement technical mechanisms to prevent a Prohibited Activity. Nothing in this IAUP limits our rights and remedies in any way with respect to any Prohibited Activity.
MODIFICATION OF THIS POLICY
The Company reserves the right to update this IAUP from time to time. Our clients will be notified. Once this policy is posted in our Website, the clients have the obligation to check our website page from time to time, to take notice of any changes; as such updates are legally binding the clients. Some of the provisions contained in this IAUP may also be superseded by provisions or notices published elsewhere on our site or written documents issued to you.