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Velcom's customer and all persons authorized by the customer to act as agent with regard to a Service as defined in this section (individually and collectively "Customer") agrees to the Acceptable Use Policy ("AUP").

This AUP is part of the Customer Service Agreement ("CSA") between Customer and Velcom. Any capitalized terms in the AUP have the meaning that is defined in the Terms and Conditions of the CSA.

This AUP is intended to govern Customer's use of Velcom services including, without limitation, Internet access, voice over IP ("VoIP") telephony services and related 911 emergency calling, public alerts and special needs calling services (individually or collectively "Service" or "Services") and related equipment supplied by Velcom ("Equipment"). By activating the Services, you acknowledge that you have read, understood and agreed to the AUP as set out hereunder. If you do not wish to be bound by the CSA, including the AUP, do not activate or use the Services and contact Velcom immediately.

Herein the terms "you", "your" and "yours" mean not only Customer, but also include every person that Customer authorizes to act as its agent with regard to a Service or to use the Service through one or more designated Velcom accounts (" Account" or "Accounts").

Herein the terms "us", "we", "our" and "ourselves" mean Velcom.

Prohibited Activities

1. Customer shall not,

(a) post, transmit, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability including without limitation a material misrepresentation or breach of contract, or otherwise use Velcom or the Service in a manner which is contrary to law;

(b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(c) post, transmit, or otherwise distribute any inappropriate, profane, defamatory, infringing, confidential, or unlawful material or information;

(d) post, transmit, or otherwise distribute any information or software which contains, replicates, or distributes the data of, a virus, bot, trojan horse, worm or other harmful or disruptive component; nor allow your machine to be operated as a so-called "zombie" server;

(e) attempt to access anyone's computer, equipment, software or data without the knowledge and consent of that person;

(f) interfere with the computer networking or telecommunications services of any user, host or network by any means;

(g) apply any means to avoid or circumvent usage charges associated with the Service;

(h) forge headers or manipulate data identifiers in order to disguise the origin of any content transmitted through the Services;

(i) upload, post, publish, transmit, reproduce, or otherwise distribute in any way, information, software or other material obtained through Velcom or the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;

(j) impersonate or falsely represent your identity or association with any person, including a Velcom person or another Velcom customer; and

(k) use, reproduce, sell, re-sell or otherwise exploit Velcom, or the Services, for any commercial purposes not authorized by Velcom's Customer Service Agreement.

Unsolicited Bulk and Commercial Mail

2. Velcom has 'zero tolerance' for UBE/UCE (unsolicited bulk email/unsolicited commercial email). Velcom defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. Velcom's spamming policy is as follows,

(a) Customers or any user of bandwidth and/or Velcom Services (herein described as "users") are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Velcom may consider the lack of such proof of explicit affirmative permission to be a questionable mailing of UBE/UCE at its sole discretion;

(b) Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of Service;

(c) Customers will be notified in the event that they may be enabling sites listed as violators of the above policy. Failure to rectify such situations may be cause for termination;

(d) Customers are prohibited from enabling websites that have been included in UBE/UCE. Enabling includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services; and

(e) Valid complaints received by Velcom may lead to immediate termination or suspension of the Service. Velcom may block traffic without prior notice to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring


3. You are responsible for the security and integrity of any device and information that you connect to the services.

4. Under no circumstances are you permitted to resell, share or otherwise distribute the Services or any portion thereof to any third party without the written consent of Velcom and payment of applicable fees.

5. Velcom reserves the right to suspend and/or cancel permanently any and all Service without prior notification in the event of violation of this AUP term or if use of the Service disrupts or, in Velcom's judgment, could disrupt, Velcom's business operations.

6. Nothing contained in this policy shall be construed to limit Velcom's actions or remedies in any way with respect to any of the foregoing activities. Velcom reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Velcom network, and levying cancellation charges to cover Velcom's costs. In addition, Velcom reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

To report an incidence of abuse, please contact