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Los Angeles Business Broadband, Los Angeles ISP (Internet Service Provider), Los Angeles Business DSL, Los Angeles T1/DS1, Los Angeles Dedicated T1 line, Los Angeles T1 internet service, Los Angeles T1 internet Access, Los Angeles Business T1 Dedicated internet line, T3/DS3, VoIP, Hosted PBX, Trunk Replacement, Colocation, Firewall, VPN (Virtual Private Network), Collocation, T1 Orange County TIERZERO Acceptable Use Policy

This Acceptable Use Policy ("Policy") sets forth provisions of acceptable use of TIERZERO networks and services (the "Service"). Use of TIERZERO networks and services signifies your agreement to abide by 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 TIERZERO. TIERZERO 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 TIERZERO networks. TIERZERO reserves the right, at its sole discretion, to modify this Policy, or prices for the Service, and may discontinue or revise any or all other aspects of the Service from time to time, without notice. Users of TIERZERO networks are encouraged to review this Policy often for changes or new information. Please send questions, comments, or complaints regarding this Policy to abuse@tierzero.com.

You acknowledge that you have read this Policy and that you accept the terms thereof. YOU AGREE TO READ THIS POLICY CAREFULLY BEFORE USING THE TIERZERO NETWORKS AND/OR SERVICES. If you do not agree to this Policy, you may not access or otherwise use the TIERZERO networks or services and must immediately contact TIERZERO to close your account. Your continued use of the Service after changes are posted constitutes your acceptance of this Policy as modified by the posted changes. The updated, online version of this Policy shall supersede any prior version of this Policy that may have been included in any software or related materials provided by TIERZERO. This Policy should be read in conjunction with any supplemental terms, policies, rules and guidelines posted on www.tierzero.com or in any other medium.

Los Angeles Business Broadband, Los Angeles ISP (Internet Service Provider), Los Angeles Business DSL, Los Angeles T1/DS1, Los Angeles Dedicated T1 line, Los Angeles T1 internet service, Los Angeles T1 internet Access, Los Angeles Business T1 Dedicated internet line, T3/DS3, VoIP, Hosted PBX, Trunk Replacement, Colocation, Firewall, VPN (Virtual Private Network), Collocation, T1 Orange County Duties

Each user is responsible for complying with this Policy, and for providing assistance to TIERZERO in investigating and resolving any issue, as TIERZERO may request from time to time. Additionally, TIERZERO 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. TIERZERO does not control the content of data traversing TIERZERO networks; accordingly, TIERZERO assumes no responsibility for the content of any data or communication that may be transmitted over TIERZERO networks. You agree that TIERZERO is not liable for content that is provided by others. TIERZERO has no duty to pre-screen content, but has the right to refuse to post or to edit submitted content. TIERZERO reserves the right to remove content for any reason, but is not responsible for any failure or delay in removing such material.

Los Angeles Business Broadband, Los Angeles ISP (Internet Service Provider), Los Angeles Business DSL, Los Angeles T1/DS1, Los Angeles Dedicated T1 line, Los Angeles T1 internet service, Los Angeles T1 internet Access, Los Angeles Business T1 Dedicated internet line, T3/DS3, VoIP, Hosted PBX, Trunk Replacement, Colocation, Firewall, VPN (Virtual Private Network), Collocation, T1 Orange County Prohibited Uses

TIERZERO networks and services may only be used for lawful purposes and may not be used in any manner that violates any applicable local, state, federal or international law, order or regulation. You represent, warrant and covenant that you shall not engage in the transmission, distribution, dissemination, posting or storage of any data or material on the TIERZERO network that is in violation of any applicable law or regulation. 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.
  • Alters, steals, corrupts, disables, destroys, trespasses or violates any security or encryption computer file, database or network.

You may not engage in any of the following while using TIERZERO networks and/or services:

  • Any conduct which is inconsistent with generally accepted norms and expectations of the Internet community (whether or not detailed in this Policy). TIERZERO reserves the right, in its sole discretion, to make a determination as to whether any particular conduct violates such norms and expectations;
  • Any conduct that restricts or inhibits any other user from using and enjoying the TIERZERO network or services, including, but not limited to, use of a botnet, bruteforce attack, port scan, spam, virus, Trojan horse, lock, bomb, key, cancelbot, worm, and/or sending of harmful code or attachment;
  • Any conduct that could damage, disable, overburden, or impair TIERZERO's servers or networks, or interfere with any other party's use and enjoyment of TIERZERO's networks and/or services;
  • Using TIERZERO networks to transmit material that TIERZERO, in its sole discretion, believes to be illegal, obscene, offensive, objectionable or inappropriate;
  • Forging of message headers or identity information in violation of relevant anti-phishing statutes, the Lanham Act, and/or the Federal Computer Fraud and Abuse Act, 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 TIERZERO, to the Registrar, or other parties), including but not limited to, impersonating any person or entity and/or forging anyone else's digital or manual signature.
  • Use of an IP address not assigned to you;
  • Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the TIERZERO network or on another provider's network.
  • Any conduct which violates the acceptable use policies of TIERZERO’s backbone providers.
  • Any conduct that redistributes or resells the Service to any third party via any means including, but not limited to, wireless technology; and/or,
  • Any conduct that involves the participation in, or otherwise facilitates, pyramid or other illegal soliciting schemes;
  • ANY CONDUCT THAT INVOLVES THE USE OF AUTO DIALERS, PREDICTIVE DIALERS OR MESSAGE BROADCAST SYSTEMS IN CONJUNCTION WITH THE TIERZERO VOIE OVER IP SERVICE CONSTITUTES A MATERIAL, NON-CURABLE BREACH OF YOUR SERVICE CONTRACT WITH TIERZERO AND MAY RESULT IN IMMEDIATE TERMINATION OF SERVICE WITHOUT PRIOR NOTICE.
Los Angeles Business Broadband, Los Angeles ISP (Internet Service Provider), Los Angeles Business DSL, Los Angeles T1/DS1, Los Angeles Dedicated T1 line, Los Angeles T1 internet service, Los Angeles T1 internet Access, Los Angeles Business T1 Dedicated internet line, T3/DS3, VoIP, Hosted PBX, Trunk Replacement, Colocation, Firewall, VPN (Virtual Private Network), Collocation, T1 Orange County Configuration.
  • You are responsible for maintaining the security of any device connected to the Service.
  • Systems connected to TIERZERO 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 unauthenticated use from the public Internet.
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You are responsible for immediately reporting to TIERZERO any issue that could compromise the stability, service or security of any user or system connected to TIERZERO networks.

Los Angeles Business Broadband, Los Angeles ISP (Internet Service Provider), Los Angeles Business DSL, Los Angeles T1/DS1, Los Angeles Dedicated T1 line, Los Angeles T1 internet service, Los Angeles T1 internet Access, Los Angeles Business T1 Dedicated internet line, T3/DS3, VoIP, Hosted PBX, Trunk Replacement, Colocation, Firewall, VPN (Virtual Private Network), Collocation, T1 Orange County Resellers and Downstream Service Providers

Resellers of TIERZERO services are responsible for informing their customers of this Policy and for enforcing its restrictions with regard to their customers' actions. Breach or non-compliance of this Policy by a customer or end-user or a reseller shall be considered a violation of this Policy.

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You will be held responsible for any misuse of the Service that occurs through your account whether due to unauthorized access of your account by a third party, or due to the actions of any third party agent that acts on your behalf, or for your benefit. You must take the appropriate actions to maintain the security of your passwords and user information.

You must configure your system in a secure manner. Should your system be exploited by unauthorized persons, you are responsible for both reporting the violation (where applicable), and fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, you are 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 responsibility of every user: anti-virus software should be installed on every system which connects to TIERZERO networks.

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

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TIERZERO SMTP Relay Policies

TIERZERO SMTP service is available to TIERZERO customers for corporate usage and is not intended for bulk mailing. Mail sent through TIERZERO SMTP that does not conform to the following policies will be rejected:

  • 20 megabyte maximum file attachment
  • 300 maximum unique connections per hour
  • 500 maximum recipients per hour

You are prohibited from engaging in improper use or distribution of electronic mail ("e-mail"). You 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 Tierzero facilities to receive replies from unsolicited emails (commonly referred to as "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.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by TIERZERO customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any TIERZERO network is prohibited.

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, acknowledgements, 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 TIERZERO.

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 TIERZERO with such records upon request of TIERZERO. 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, TIERZERO 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.

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TIERZERO 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 TIERZERO 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" (ECP) or "Excessive Multi-Posting" (EMP), or "Usenet spam". TIERZERO 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 TIERZERO 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, TIERZERO usually defers to their judgment on these issues, however, TIERZERO retains the exclusive right to make these determinations.

If you, or a third party through you, violates any of the foregoing prohibitions, TIERZERO may immediately suspend and/or terminate the Services and you will be held financially liable for the full amount of the contract and any damages caused by your violation(s). Your rights to use the Services are non-exclusive, non-transferable and subject to compliance with these terms and conditions. As between TIERZERO and you, all intellectual property and proprietary rights relating to the Services, including but not limited to any specifications, protocols, IP addresses, configurations and routing data related to the Services, belong solely and exclusively to TIERZERO.