Acceptable Use Policy

 

This Acceptable Use Policy (AUP) sets forth provisions of acceptable use of HyperUSA, Inc. (hereinafter known as HyperUSA) networks and services. All users of HyperUSA networks and services are required to comply with this policy and all applicable laws and regulations in full, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by HyperUSA. HyperUSA strives to provide its customers with the highest quality Internet service available, while at the same time respecting the standards that have been created both within the Internet community, and by legislation. To that end, inappropriate or abusive activities and conduct will not be tolerated on HyperUSA networks. HyperUSA reserves the right to modify this AUP from time to time, without notice. Users of HyperUSA networks are encouraged to review this AUP often for changes or new information. The most current version of this AUP will be posted at http://surfing.hyperusa.com/policy.php. Please send questions, comments, or complaints regarding this AUP to abuse@hyperusa.com.

 

 

 

COMPLIANCE

 

Duties

 

Each user is responsible for complying with this AUP, and for providing assistance to HyperUSA in investigating and resolving any issue, as HyperUSA may request from time to time. Additionally, HyperUSA customers and users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s), which their data transits.

Users will be held responsible for the actions of any third party agent that acts on behalf of, or for the benefit of, any end user, and such end users shall be held directly accountable for any violations of this AUP by third party agents.

HyperUSA does not control the content of data traversing networks; accordingly, HyperUSA assumes no responsibility for the content of any data or communication that may be transmitted over HyperUSA networks.

HyperUSA makes no warranties of any kind, whether expressed or implied, for the service it is providing. HyperUSA also disclaims any warranty of merchant ability or fitness for a particular purpose. HyperUSA will not be responsible for any damage you suffer. This includes, but is not limited to, loss of data resulting from delays, non deliveries, mis-deliveries, undelivered, or service interruptions caused by its own negligence or your errors or omissions.

Accounts are due and payable on the specified monthly date. Account payments not received by the due date may result in service interruption. If payment is returned unpaid or is rejected by the bank, your service will be interrupted, and you may be assessed a $20 penalty. Service interruption does not relieve you from the obligation to pay all charges and penalties.

Service is automatically renewed at the end of each billing cycle until canceled in writing or e-mail by either party with a minimum of seven days notice. Cancellation will be effective at the end of the then current billing period.

HyperUSA provides a 100%, no-connection money back guarantee for 10 days after opening the account. A no-connection guarantee means that HyperUSA was unable to get your computer to connect to the online service. Any client requesting this refund, will be required to participate with a 2nd level support agent to assist in the connection process before submitting a claim for refund. Please allow 30 days for the processing of the refund.

Individual accounts are for the individual account holder and his/her immediate family in the same household, and it is prohibited to allow any other person to know the password and/or use the account. Simultaneous multiple logins of the same user ID are prohibited.

Unlimited access accounts are defined as allowing the user to connect to HyperUSA an unlimited number of access times. This definition does not include unlimited usage. All dial-up accounts are denied unlimited usage. Unlimited usage accounts are termed dedicated accounts. All dial-up accounts are automatically system monitored for activity. The current inactivity limit is set to 20 minutes. If little or no activity is present during a 20-minute period, the connection will be reset to allow access for another client. All dial-up accounts have a 12-hour session limit. Any dial-up account that exceeds 200 hours per month will be requested to transfer to a dedicated connection.

HyperUSA email service is provided for legal use only. HyperUSA email service is a POP3 email service, and does not provide a long-term email storage solution. All email deemed important or critical by the user of HyperUSA email service should be dowloaded directly to the users personal computer system and not stored on the servers of HyperUSA. Any email not removed from HyperUSA servers is deemed by HyperUSA as not critical in nature, and therefore has no value if lost. HyperUSA does not maintain a copy of any email message received or sent. Email accounts are limited in size and any account exceeding the allowed size may be deleted. Email that is older than 90 days may be deleted. Accounts with mail that has not been read in over 90 days may be deleted.

HyperUSA will not be liable for any toll charges incurred by clients when connecting to the Internet either through dialup connection or by inadvertent manipulation of a secondary company. It is users sole responsibility to determine if any number is within their local calling scope; either by testing or through contacting users local telephone company.

 

 

Configuration

 

All systems which are connected to HyperUSA networks shall be configured in accordance with industry standards, applicable laws and regulations, specifically to conform with approved "Request For Comments", standards documents which are published from time to time by the Internet Engineering Task Force (http://www.ietf.org/rfc.html).

Systems connected to HyperUSA networks shall not be configured in any way which obscures system-identity information.

Proxy servers of any kind shall be configured so as to prevent un-authenticated use from the public Internet.

 

 

Reporting Obligations

 

Customers of HyperUSA are responsible for immediately reporting to HyperUSA any issue which could compromise the stability, service or security of any user or system connected to HyperUSA networks.

 

 

Resellers and Downstream Service Providers

 

Resellers of HyperUSA services are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to their customers' actions.

Breach or non-compliance of this AUP by a customer or end-user of a reseller shall be considered a violation of this AUP.

 

 

 

 

PROHIBITED USES

 

 

These lists are not meant to be exhaustive, but merely illustrative of examples of inappropriate and improper conduct, which are prohibited on HyperUSA networks:

 

 

 

Illegal Use

 

HyperUSA Networks may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

 

Infringes any copyright, trademark, trade secret, or other intellectual property right.

Violates export control laws or regulations.

Violates any party's confidentiality rights.

Constitutes use or dissemination of child pornography.

Is illegal or unlawful.

Is material legally judged to be threatening or obscene. User agrees to indemnify and hold harmless HyperUSA from any claims resulting from user use of the service that could exhibit damages to user or another party.

 

 

Abuse

 

The following general actions are considered "abuse" and are strictly prohibited:

 

Any conduct that is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this AUP). HyperUSA reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations.

Using HyperUSA networks to transmit material that HyperUSA believes to be illegal, obscene, or inappropriate. For the purpose of this policy, 'material' refers to all forms of communications including but not limited to; narrative descriptions, graphics (including but not limited to, photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. No adult-oriented material may be stored in or on your web sites, whether personal, business, domain or lease or owned collocation servers. HyperUSA reserves the right, at its sole discretion, to determine the material that falls into these categories.

Forging of message headers or identity information, or taking any action with the intent of bypassing restrictions or limits on access to a specific service or site. This prohibition does not restrict the legitimate non-commercial use of pseudonymous or anonymous services.

Falsifying identity or contact information (whether given to HyperUSA, to the InterNIC, or other parties).

 

 

Security

 

Users of HyperUSA networks must configure their systems in a secure manner. Should a user's system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, the user is responsible for immediately re-configuring the system to prevent further unauthorized use.

Users are prohibited from interfering or attempting to interfere with services "Denial of Service Attacks", whether intentionally or through neglect, of any other user, host, or network. The prevention of "unintentional attacks", such as infection and subsequent propagation of computer viruses, are the responsibilities of every user: anti-virus software should be installed on every system that connects to HyperUSA networks.

Users are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into HyperUSA networks, for instance in the form of incorrect routing or DNS information.

 

 

E-Mail

 

Users are prohibited from engaging in improper use or distribution of electronic mail "e-mail". Users are strictly prohibited from engaging in any of the following activities:

 

Sending unsolicited mass or commercial e-mail (spamming) for any purpose whatsoever.

Having third parties send out commercial emails on any user's behalf.

Using HyperUSA facilities to receive replies from unsolicited emails (drop-box accounts).

Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an open mail relay). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization.

Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgments, and final confirmations (commonly referred to as a double opt-in process) must be adhered to in their entirety for any mass or commercial email to be considered (solicited) by HyperUSA. Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every subscriber, and to immediately provide HyperUSA with such records upon request of HyperUSA. Subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited. In the absence of positive, verifiable proof to the contrary, HyperUSA considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.

 

 

Usenet (also known as Netnews or Newsgroups)

 

HyperUSA recommends that users not post to any newsgroup until they have familiarized themselves with the subjects, established guidelines, and restrictions of such newsgroups. All Usenet guidelines and restrictions are incorporated herein by reference, and users of HyperUSA networks agree to adhere to such guidelines unconditionally.

 

Without limitation of the foregoing, it is strictly prohibited to engage in any of the following activities:

 

Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup.

Posting binary files to newsgroups whose charter or name does not include allowances for such files.

Canceling newsgroup postings other than your own, or using auto-responders or cancel-bots (except in cases of official newsgroup moderators performing their duties).

Excessive Cross-Posting or Excessive Multi-Posting, or Usenet spam: HyperUSA retains the exclusive right to define these and other terms, however, we generally defer to the definitions found at http://www.cybernothing.org/faqs/net-abuse-faq.html

Disrupting newsgroups with materials, postings, or activities that are (as determined by HyperUSA in its sole discretion), excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.

Performing any unauthorized creation, cancellation, or removal of newsgroups.

The legitimacy of a given post or cancellation is generally determined by the official newsgroup or mailing-list moderator, therefore, HyperUSA usually defers to their judgment on these issues, however, HyperUSA retains the exclusive right to make these determinations.

 

 

 

HyperUSA management reserve the right to refuse service to anyone it deems or suspects a detriment to Internet relations, other customers, service to other customers, the company, and/or its employees. Management also reserves the right to refuse and/or terminate service to individuals who are not willing to follow our policies and guidelines.

 

 

 

Non-compliance with any of HyperUSA's policies may result in account termination without refund.

 

HyperUSA Policy