Acceptable Use Policy
New Knoxville Telephone Company and its affiliates (collectively, “NKTelco”) have formulated this Acceptable Use Policy (AUP) in order to encourage the responsible use of NKTelco’s networks, systems, services, web sites and products (collectively, the “NKTelco Network and Services”) by our customers and other users of the NKTelco Network and Services (collectively, “Users”), and to enable us to provide Users with secure, reliable and productive services. By using the NKTelco Network and Services, Users consent to be bound by the terms of this AUP. NKTelco reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the NKTelco Network and Services after such modification shall constitute acceptance of such modification.
Suspension; Termination. Any User that NKTelco determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if NKTelco deems it necessary, immediate suspension or termination of such User’s service without notice. NKTelco may take such further action as NKTelco determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and NKTelco shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from NKTelco’s exercise of its rights under this AUP.
Prohibited Conduct.
In General.The NKTelco Network and Services must be used in a manner that is consistent with the intended purpose of the NKTelco Network and Services and may be used only for lawful purposes. Users shall not use the NKTelco Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the NKTelco Network and Services or other NKTelco customers; or (c) that may expose NKTelco to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP.
Inappropriate Content. Users shall not use the NKTelco Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by NKTelco, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Intellectual Property. Material accessible through the NKTelco Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the NKTelco Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the NKTelco Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.
Harmful Content. Users shall not use the NKTelco Network and Services to transmit, distribute or store material that may be harmful to or interfere with the NKTelco Network and Services or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.
Fraudulent/Misleading Content. Users shall not use the NKTelco Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Email and Unsolicited Messages. Users shall not use the NKTelco Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the NKTelco Network and Services. In addition, Users shall not use the NKTelco Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mail bombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
Third Party Rules; Usenet. Users may have access through the NKTelco Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.
Inappropriate Actions. Users shall not use the NKTelco Network and Services to conduct activities that may be harmful to or interfere with the NKTelco Network and Services or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the NKTelco Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. NKTelco will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
Responsibility for Content. NKTelco takes no responsibility for any material created or accessible on or through the NKTelco Network and Services. NKTelco is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that NKTelco becomes aware that any such material may violate this AUP and/or expose NKTelco to civil or criminal liability, NKTelco reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. NKTelco further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that NKTelco deems responsible for the wrongdoing.
Warranty disclaimer. NKTelco services are provided on an “as is, as available” basis. NKTelco disclaims any and all warranties with regard to the services (whether express or implied), including without limitation any implied warranties of merchantability, fitness for a particular purpose, infringement or title; any warranty of quality, functionality, operability, use or performance of the services; any warranty of the accuracy, completeness or validity of the data or information communicated through the services; any warranty of the continuous availability of the services, or that the services will be uninterrupted or error free.
Indemnification. Customers agree to defend, indemnify, and hold harmless NKTelco and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from customers’ use or misuse of NKTelco sites. Customers agree that NKTelco may at its own discretion assume the exclusive control over any matter for which a customer has agreed to indemnify. If NKTelco assumes control of such matter, the customer agrees to cooperate with NKTelco in defending the matter and NKTelco agrees to assume all costs associated with defending the matter.
Limitations of liability. Under no circumstances and under no legal theory (whether tort, contract or otherwise) shall NKTelco be liable for any indirect, special, incidental or consequential damages whatsoever (including, without limitation, damages for business interruption, computer failure or malfunction, loss of profits, goodwill or information, or any other pecuniary loss or damage) arising out of or relating to NKTelco services (including, without limitation, use or inability to use the services), even if NKTelco has been advised of the possibility of such damages. Under no circumstances shall NKTelco cumulative liability to customer exceed the service charges paid by customer to NKTelco for the services during the six (6) months immediately preceding the event for which liability is claimed.
NKTelco is not responsible for any damages or injuries arising from Customers’ use of NKTelco services or inability to use NKTelco services.
NKTelco is not responsible for undelivered e-mail. There is no guarantee of message receipt or delivery. Return receipts may be requested, but there is no guarantee that the recipient’s e-mail system will honor such requests.
NKTelco is not obligated to store the contents of Customers e-mail messages and is not obligated to produce copies of e-mail messages for Customers.
NKTelco is not responsible for Customers personal files residing on NKTelco’s system. Customers are responsible for independent backup of all such data. If a Customer exceeds the published space limitation for personal files (Web space, e-mail, FTP, etc.),NKTelco will notify the Customer via e-mail to reduce the file storage space. If the Customer fails to reduce the storage space within the specified time period, NKTelco reserves the right to delete files from the Customer’s personal space without further notice.
Customers are hereby warned that some sites accessible via NKTelco.net allow posting, viewing, retrieval, and/or electronic mailing of materials that may be considered obscene, offensive, inaccurate, incomplete, defamatory, harmful or objectionable. NKTelco is not responsible for Customers’ inadvertent or deliberate access to such material and cannot prevent access of such materials.
Excluding choice of law rules, the terms and conditions of this Acceptable Use Policy are to be governed by and construed under the laws of the state of Illinois. Should any provision of this Acceptable Use Policy be determined to be void, unlawful or otherwise unenforceable, the remaining provisions of the Acceptable Use Policy will remain in force.
Violations of this AUP may be reported at the following link: abuse@nktelco.net