Axia Technology Partners, LLC

This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and services of Axia Technology Partners LLC, (“AxiaTP”) including Internet service. The policy is designed to protect the security, integrity, reliability and privacy of both the AxiaTP network and the products and services AxiaTP offers to its customers. AxiaTP reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of our products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

Posting, transmission, re-transmission or storing material on or through any of AxiaTP’s products or services, if in the sole judgment of AxiaTP such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
Resale of AxiaTP’s products and services without the express prior written consent of AxiaTP (unless you are an authorized wholesaler or partner).
Deceptive marketing practices.
Actions that restrict or inhibit anyone–whether a customer of AxiaTP or otherwise–in his or her use or enjoyment of AxiaTP’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
Introduction of malicious programs into the AxiaTP network or servers or other products and services of AxiaTP (e.g., viruses, trojan horses and worms).
Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include, but are not limited, to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, flood pings, packet spoofing and forged routing information.
Executing any form of network monitoring that will intercept data not intended for the customer.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
Using any program/script/command or sending messages of any kind designed to interfere with or disable a user’s terminal session.
Failing to comply with AxiaTP’s procedures relating to the activities of customers on AxiaTP-owned facilities.
Furnishing false or incorrect data on the order form contract (electronic or paper), including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of AxiaTP’s products or services.
Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., email “spam”); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.
Harassment, whether through language, frequency or size of messages.
Unauthorized use or forging of mail header information.
Solicitations of mail or any other email address other than that of the poster’s account or service, with the intent to harass or collect replies.
Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
Use of unsolicited email originating from within the AxiaTP network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by AxiaTP or connected via our network.
Exporting, re-exporting or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay or smurf amplifier) the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

AxiaTP may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy. Notice will be provided by phone, voicemail, email, memo or a written liability notification. Prior to suspension or termination, AxiaTP attempts to work with customers to cure violations of this policy and ensure that there is no re-occurrence; however, AxiaTP reserves the right to suspend or terminate based on a first offense. Additionally, AxiaTP reserves the right to charge any customer involved in a AUP (Acceptable Use Policy) violation for any expenses incurred as a result of the breach. This includes, but is not limited to, bandwidth utilization overage charges, phone usage charges, server– router–switch damages, network gear damages, etc.

Electronic Communications Privacy Act Notice

AxiaTP makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon AxiaTP technology, and makes no guarantee that any other entity or group of users will be included or excluded from AxiaTP’s network. In addition, AxiaTP may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

Questions?

If you are unsure of whether any contemplated use or action is permitted, please contact AxiaTP Technical Support at support@axiatp.com or 317-489-5544 ext. 3.

Privacy Statement

Axia Technology Partners is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the AxiaTP website and governs data collection and usage. By using our website, you consent to the data practices described in this statement.

Collection of your Personal Information

AxiaTP collects personally identifiable information, such as your email address, name, home or work address or telephone number. We also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by AxiaTP. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used by AxiaTP for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of the AxiaTP website.

Please keep in mind that if you directly disclose personally-identifiable information or personally-sensitive data through AxiaTP public message boards, this information may be collected and used by others. Note: We do not read any of your private online communications.

We encourage you to review the privacy statements of websites you choose to link to from AxiaTP so that you can understand how those websites collect, use and share your information. AxiaTP is not responsible for the privacy statements or other content on websites outside of the AxiaTP family of websites.

Use of your Personal Information

AxiaTP collects and uses your personal information to operate the AxiaTP website and deliver the services you have requested. We also use your personally-identifiable information to inform you of other products or services available from AxiaTP and its affiliates. We may also contact you via survey to conduct research about your opinion of current services or of potential new services that may be offered.

AxiaTP does not sell, rent or lease its customer lists to third parties. AxiaTP may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally-identifiable information (email, name, address, telephone number) is not transferred to the third party. In addition, AxiaTP may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to AxiaTP, and they are required to maintain the confidentiality of your information.

AxiaTP does not use or disclose sensitive personal information, such as race, religion or political affiliations, without your explicit consent.

AxiaTP keeps track of the websites and pages our customers visit in order to determine what services are the most popular. This data is used to deliver customized content and advertising within AxiaTP to customers whose behavior indicates that they are interested in a particular subject area.

AxiaTP websites will disclose your personal information without notice only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on AxiaTP or the site; (b) protect and defend the rights or property of AxiaTP; and (c) act under exigent circumstances to protect the personal safety of users of AxiaTP , or the public.

Children’s Information

The Site is not intended for use by individuals under the age of 13. We do not knowingly collect personal data from, nor send requests for, personal data to individuals under the age of 13.

Use of Cookies

The AxiaTP website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize AxiaTP pages or register with our site or services, a cookie helps AxiaTP recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses and so on. When you return to the same AxiaTP website, the information you previously provided can be retrieved, so you can easily use the features you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the AxiaTP services or websites you visit.

Security of your Personal Information

AxiaTP secures your personal information from unauthorized access, use or disclosure. AxiaTP secures the personally-identifiable information you provide on computer servers in a controlled, secure environment protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

AxiaTP will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how AxiaTP is protecting your information.

Contact Information

AxiaTP welcomes your comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at info@axiatp.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.