General

Use of Broadview Networks for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Broadview Network's network or equipment or unauthorized use of other networks or equipment on the Internet or other Broadview Networks customer networks, forging header information or user identification information, spoofing IP address information and software piracy is prohibited.

Network Use

Broadview Networks maintains its network for the joint use of its customers and other stakeholders. Any activity which is deemed by Broadview Networks to disrupt the normal functioning of network, components, servers or other facilities shall be a violation of this AUP. This includes but is not limited to:

• Sending of traffic which serves no legitimate purpose.
• Generating random network traffic.
• Sending traffic to or from RFC1918 addresses over the public Internet.
• Spoofing the source address of any IP or Ethernet packet.
• Sending traffic with the intent to deny service to any other party.
• Hosting services or materials that generate too much traffic to or from the Internet.
• Hosting materials or services that attract miscreants.
• Port scanning of any computer or network other than the Customer's own.
• Attempting unauthorized access to any computer or network device including devices outside Broadview Networks.
• Hosting or transmitting copyrighted works without authorization.

Usenet Newsgroups

Broadview Networks places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion. Posting 20 or more copies of the same article ("spamming") or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

Excessive crossposting (Breidbart Index 20 or greater) is prohibited. The Breidbart Index (or BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article was crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16) = 3+4 = 7. For more information on "spam," see the FAQ on "Current Usenet spam thresholds and guidelines" which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis. Articles which are "spam" originating from Broadview Networks will be cancelled by Broadview Networks and the originator may be charged for the cost of cleanup and responding to complaints.

Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal.

E-mail

Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Use of programs such as mflash or storage of such programs on Broadview Network's servers is prohibited. Broadview Networks maintains a 0 tolerance to Unsolicited Commercial Email and Network Abuse. Running a server or workstation which provides a Open Relay or Open Proxy, which  allows others to send unsolicited commercial e-mail, or transmit viruses  or internet worms is strictly prohibited.  For more information on Broadview Network's e-mail policies, see section C, and section X below.

Broadview Networks email relay servers are for sending personal or business email using common Internet email software such as Microsoft Outlook, Thunderbird, Eudora Mail, and other end-user email clients. The servers may not be used to send bulk email, whether solicited or unsolicited, at any time. In addition, Broadview Networks customers who operate their own mail server software shall configure that software to send mail directly to the Internet, and not relay through Broadview Networks servers as a 'smart host'.

Broadview Networks does not permit the use of network facilities or routed IP addresses for sending of unsolicited email of any kind, for any purpose whatsoever. A Broadview Networks customer shall be responsible to secure access to Broadview Networks facilities and network from intrusion by third parties. The Customer shall be responsible for  any violation of this AUP which originates from a circuit under the Customer's control, whether known or unknown to the Customer.

The following is a list of specific examples of activities which constitute a violation of this AUP with respect to email. This is not an exhaustive list but is representative of common violations which have been observed from Customer circuits.

• Allowing the connection of a computer infected with a "Bot" or other software under the control of a third party used for nefarious purposes such as sending mass email, port scanning, dictionary attacks, DOS attacks, or the spread of computer viruses or "Bots" to a Broadview Networks circuit or network.

• Relaying of mass mailings of any type through Broadview Networks email servers. Any mailings of a quantity sufficient to disrupt normal customer usage of Broadview Networks email servers by other customers shall be a violation.

• Sending email to non-existent email addresses. Email which cannot be delivered and uses the resources of Broadview Networks email servers to the extent that normal usage by other Customers is disrupted shall be a violation.

• Sending of email which generates complaints from recipients. This includes emails of any nature which are unwanted by the recipient.

• Sending of email for the purpose of gaining personal or other information from the recipient through fraud. These "phishing" emails may also constitute a violation of law. Hosting a website for these purposes is also a violation.

• Forging or using an email address other than your own in the envelope sender or From: field of any email. Using email as a means to misrepresent one's identity to the recipient.

• Violating another provider's rules regarding acceptance of bulk email. It shall be the customer's responsibility to abide by policies of other networks with regard to accepting bulk email which is solicited by the recipient. Complaints received by Broadview Networks which show violation of other provider's policies shall be a violation of this AUP.

Internet Relay Chat

Use of IRC bots or storing them on Broadview Network's servers is prohibited. Impersonating other users by forging one's email address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.

World Wide Web

Use of web pages for advertising purposes requires a Broadview Networks Business Account. Reselling web space, selling advertising on a web site, or taking credit card orders requires a Broadview Networks Commercial Account. Pages containing pornography or nude images may not be stored on Broadview Network's web servers. Any other adult-oriented material should have warning and disclaimer pages, if not password protection. Use of text or images created by others without their permission is copyright infringement and is prohibited. For information about charges which may apply to high-traffic web sites, see Broadview Network's information about setting up home pages. Sites which receive high traffic will be required to move from the user web server to our high volume server designed for businesses. When your site is moved you may need to purchase a business package with the added features. Please see our pricing page for rates.

Public FTP Sites

Use of Broadview Network's FTP server for advertising purposes requires a Broadview Networks business account. Reselling FTP space is prohibited. Files containing pornography or nude images may not be stored on Broadview Network's FTP server. Using Broadview Network's FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited.
See paragraph 19 of the user agreement for more information.

The Broadview Networks User Agreement

Broadview Networks agrees to provide and User agrees to receive access to the Broadview Networks Internet telnet or dial-up service according to the following terms and conditions:

1. All provisions of Broadview Network's Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.
2. The benefits or rights conferred by this agreement are nontransferable. Use of Broadview Networks accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
3. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Broadview Networks reserves the right to cooperate with all or any law enforcement agencies.
4. User agrees to follow the Acceptable Use Policy of any network user connects to, including Broadview Network's system. Broadview Network's Acceptable Use Policy may be found above.
5. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).
6. Use of Broadview Networks for advertising or promotion of a commercial product or service without a Broadview Networks business account is prohibited. Reselling of web space on the Broadview Networks user server is prohibited.
7. User is responsible for all use of User's account(s) and confidentially of password(s). Broadview Networks will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Broadview Networks is not liable for any usage and or charges prior to Broadview Networks making the necessary account alteration.
8. User is responsible for all local and long-distance telephone charges for connecting to Broadview Networks.
9. User agrees to pay Broadview Networks all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.
10. User is responsible for charges at the time the service is used and Broadview Networks may apply the amount due to User's credit card at any time.
11. Broadview Networks reserves the right to change prices on 15 days notice published online.
12. Broadview Networks reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
13. The Broadview Networks service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Broadview Networks or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Broadview Networks or its providers.
14. Neither Broadview Networks nor its Information Providers are responsible for any damages arising from User's use of Broadview Networks or by User's inability to use Broadview Networks service.
15. Broadview Networks reserves to right to change without notice the Broadview Networks service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
16. Broadview Networks is not responsible for User's personal files residing on Broadview Networks. User is responsible for independent backup of his her data stored on Broadview Networks.
17. Broadview Networks reserves the right to delete User's personal files after one or both parties terminates agreement.
18. Broadview Networks reserves the right in its sole discretion to delete any information entered into Broadview Networks by User. Broadview Networks and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
19. User hereby agrees that any material submitted for publication on Broadview Networks through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Broadview Networks.
20. Broadview Networks, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Broadview Networks that User may be performing activities harmful to Broadview Networks or its Users, employees, vendors, business relationships or any other users of the Internet.

The following violations of "netiquette" are grounds for immediate suspension or filtering of service pending an investigation by Broadview Networks and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
2. Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
3. Running a server or workstation which provides a Open Relay or Open Proxy, which  allows others to send unsolicited commercial e-mail, or transmit viruses  or internet worms.
4. Engaging in either (a) or (b) from a provider other than Broadview Networks and using an account on Broadview Networks as a mail drop for responses.
5. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Broadview Networks.
6. Impersonating another user or otherwise falsifying one's user name in email,
   Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
7. Use of IRC "bots" on Broadview Networks, whether on our IRC server or any other.
   Such software may not be stored on Broadview Networks.
8. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Broadview Networks.
9. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the Commonwealth of Pennsylvania.
10. Broadview Networks may modify these terms and conditions as it sees fit, User's use of Broadview Networks services after such changes shall constitute User's acceptance of the modifications to this Agreement.
11. Non-enforcement of any section of this Agreement does not constitute consent and Broadview Networks reserves the right to enforce this Agreement at its sole discretion.
12. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Broadview Network's agreement on all other paragraphs shall remain valid.
13. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future Broadview Networks rule or regulation; or 2. We do not receive a monthly payment on or before its due date; or 3. Any material statement by the User in this contract is false.
14. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
15. In the event the User defaults on this contract, Broadview Networks may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price Broadview Networks is charging to new members. The User agrees to pay Broadview Network's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.
16. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Broadview Networks.
17. Broadview Networks may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
18. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
19. Broadview Networks reserves the right to terminate or change priority of any process started by said user.
20. Broadview Networks reserves the right to collect damages (software, hardware & man hours) if any harm is done to Broadview Networks which requires repair or reconfiguration of any kind.
21. Broadview Networks may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Broadview Networks to cancel during the trial period and receive verification that cancellation has occurred. Broadview Networks may offer trial periods at a discounted rate at the end of which the account will automatically convert to the then applicable monthly rate unless explicitly canceled by the user prior to the end of the trial period. Failure to use the account(s) does not constitute cancellation.
22. Broadview Networks unlimited interactive usage dialup connections are not intended to be full-time dedicated connections and will be disconnected after 20 minutes of inactivity. User agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the User is actively using it, and not to provide public information services over the connection. Broadview Networks reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.
23. "Camping on the system": While Broadview Network's regular monthly Service is unlimited interactive access, meaning you are free to connect at any time, it is not a dedicated connection. When you are not actively using the system, we ask that you disconnect to ensure that connections are available for other active users. We utilize detection programs to ensure that customers are not using automated programs just to keep the connection viable. In these circumstances, we will proactively discontinue the connection. If such activity continues, Broadview Networks reserves the right to terminate the service, or place restrictions on the account to prevent camping on our systems.
24. Broadview Networks maintains a 0 tolerance to Unsolicited Commercial Email and Network Abuse. Running a server or workstation which provides a Open Relay or Open Proxy, which  allows others to send unsolicited commercial e-mail, or transmit viruses  or internet worms is strictly prohibited.  Ignorance of the presence of such Open Relay, Open Proxy,  or virus does not excuse the activity. The customer is solely responsible for upkeep and maintenance of  any and all  machines they decided to connect to Broadview's network.  Customer networks are subject to proactive testing for Open-Relay and Open-Proxy servers.  If Broadview finds ,during it's normal monitoring of its systems or during the monitoring of it's customer network, a customer who is running and Open Relay or Open Proxy. Or we receive complaints that during our investigation lead us to the Open relay or Proxy We will immediately place an appropriate filter on the account to stop the abuse.  The filter will remain in place until the customer has contacted Broadview Networks, and confirmed the Open Relay or Proxy has been closed ,and no further abuse will originate from their network. Turn around time for removing filters is 24 hours from the time we receive the request. Any attempts to block or circumvent  our testing and filters will result in immediate suspension of service. Broadview at it's sole discretion will make all judgments on what constitutes abuse of it's network and systems. Broadview at it's discretion, may charge any customer in violation of this rule all costs involved in clean up of the abuse, and any costs involved in answering complaints generated and working with other provides to remove Broadview's IP addresses and mail servers from any black lists. Broadview will determine the cost based on the extent of the damages incurred by Broadview and varies on a case by case basis.