Acceptable Use Policy
Effective: December 1995
Revised: April 14, 2023
Please read the following terms and conditions of service:
Sexually explicit material can be obtained over the Internet. Perry-Spencer Communications, Inc. (PSC) will not be responsible for any activity in which you, as the user, conduct your Internet travels. Parents may want to obtain software that will disable this type of activity.
While PSC does not monitor the stored content or transmissions of its subscribers, we must be able to respond to complaints by governmental authorities, affected parties, and other Internet Service Providers (ISPs). PSC has adopted this “Acceptable Use Policy” (AUP) to balance interference or risk of harm arising from its subscribers’ use of PSC Internet Service with the interests of those who may be affected by such use. Because the AUP may change from time to time, we will post changes on our website. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy, so you should check the website from time to time.
With respect to the Service provided, PSC makes no warranties of any kind, expressed or implied, including any implied warranties of merchantability or implied warranty of fitness of this service for a particular purpose. PSC takes no responsibility for any damages suffered by its Subscribers, including but not limited to, loss of data from delays, non-deliveries, miss-deliveries, or service interruptions caused by PSC’s own negligence or Subscribers’ errors or omissions.
PSC strictly prohibits the use of PSC Internet Service for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of PSC machines or other machines on the Internet, forging header information or user identification information, and pirating software. Internet access and all other services provided to PSC subscribers must be used for lawful purposes only. PSC strictly prohibits any use by a subscriber of PSC Internet Service for the transmission or storage of any information, data, or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright, trade secrets, and information that is confidential as a matter of law). Subscribers may not use PSC Internet Service to transmit or store any information, data, or material that is threatening, libelous, or obscene.
PSC prohibits sending harassing or mass unsolicited e-mails. We also prohibit forging header information in e‑mail and impersonating others by forging one’s e-mail address. PSC will scan all e-mails sent by each PSC Internet Service subscriber. If a message you attempt to send appears to contain a virus or it appears that e-mail messages coming from your account are being generated by a computer Worm, PSC will block these messages. PSC may also suspend your e-mail-sending ability until the situation can be corrected. If this happens, please contact PSC for assistance in identifying and removing the virus/worm from your computer.
Prohibited Hosting Services
PSC Internet Service subscribers may not run programs or servers that provide network content or connectivity. (A “server” is a “host” computer that connects other computers.) Examples include, but are not limited to use of Mail, FTP, and HTTP servers. These prohibitions WILL NOT preclude typical use of PSC Internet Service by most subscribers for “web surfing”, usual and customary e-mail correspondence, and a reasonable amount of downloading. Subscribers may utilize Virtual Private Network (VPN) clients and servers, as well as Terminal Server hosts and clients.
Internet Access Resale
PSC strictly prohibits reselling all PSC Internet access services unless permission is received in writing from PSC. PSC Internet Service is not to be sold, shared with a second entity, extended, redistributed, or retransmitted via wired or wireless networks outside the primary location.
PSC knows that a subscriber’s use of available bandwidth may “peak” for short periods of time when viewing streaming video, uploading/downloading a large file, or sending large e-mails, and PSC should not be required to limit bandwidth availability in those instances. However, when a customer’s peak use extends for hours or days at a time and impacts the performance of other customers’ services, PSC may limit your bandwidth.
PSC will use a network utilization, monitoring, and reporting system to identify and confirm excessive use. PSC will make a good faith and reasonable effort to contact a subscriber we believe is excessively using its PSC Internet Service prior to limiting bandwidth to discuss ways the customer may avoid such limitation. However, if PSC determines that a subscriber is engaging in excessive use of PSC Internet Service, they may limit, suspend, or terminate their services.
Use of PSC’s FTP server for advertising purposes requires an FTP account. PSC prohibits reselling FTP space.
Files containing sexually explicit, lewd, or indecent material may not be stored on PSC’s FTP server.
PSC prohibits using PSC’s FTP server to exchange pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity.
Storage / Transferring of Files
PSC prohibits storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal PSC file that is not located in the user’s own directory structure and owned by the user. This includes but is not limited to sending via FTP, allowing outside access to, mailing, or otherwise giving access to any file not owned by the user.
Hacking/Cracking Software, Utilities or Files
PSC prohibits using any program, utility, or file that can allow unauthorized access or gain unauthorized information about a computer, network, or file.
Non-Compliance of Services and Consequences
PSC prohibits engaging in activities, whether lawful or unlawful, that PSC determines to be harmful to its network, operations, reputation, goodwill, Subscribers, or Subscriber relations. PSC has the absolute right to determine whether a Subscriber’s activities or use of PSC’s Service(s) are in violation of this AUP. Inappropriate activity or abuse of Services, whether generated from a Subscriber or targeted towards a Subscriber, such as a Distributed Denial of Service (DDoS) attack, may result in suspension or termination of the Subscriber’s access to or use of the Services. PSC reserves the right to determine that any conduct that is or could be harmful to PSC’s network or Subscribers is in violation of this AUP, and PSC expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted. Such remedies may include but are not limited to, issuing written or verbal warnings, filtering, blocking, suspending or terminating accounts, billing Subscribers for administrative costs and reactivation charges, or bringing legal action to enjoin violations and collect damages caused by Subscriber violations. PSC may take such actions without notice to Subscriber. PSC maintains the right to terminate Subscribers’ service that violates this AUP. Upon such a termination of Service, Subscribers will remain financially responsible for any applicable early termination fees. Before taking such action, PSC shall notify Subscriber in writing and afford Subscriber a reasonable opportunity to remedy the alleged failure to comply with the AUP, provided only that no cure or notice period shall be required when, in PSC’s sole opinion, there is an immediate and material threat to the integrity or security of PSC’s network or to PSC Services it provides to others using PSC’s network. In such circumstances, PSC shall provide Subscriber with notice of the Service termination at the same time as such termination, or as soon afterward as is reasonably practical. In the case of repeat violations of the same offense, the second offense will result in a 3-day suspension of Internet service, and the third offense will result in termination of service. By using PSC’s Services, Subscribers agree to indemnify PSC for any violation of this AUP that results in loss to PSC or the bringing of any claim against PSC by any third party. That is, if PSC is sued because of a Subscriber’s activity, the Subscriber will pay any damages awarded against PSC, plus costs and reasonable attorneys’ fees.