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By accessing the Internet through any facility owned or operated by Birch Internet Services, Inc., or any of its affiliates ("Birch"), a Subscriber, on or behalf of itself or any of its Users (as those terms are defined below), agrees to the terms of this Acceptable Use Policy agreement (the "Agreement"). Policies may be updated by Birch from time to time as reflected on this webpage. Subscriber should review this webpage from time to time for policy updates.
1. Definitions. "Service" means analog or digital access to the Internet (depending on the rate plan selected by the Subscriber), web hosting services offered through facilities owned or operated by Birch, and any other data services offered by Birch. "Subscriber" means the individual, corporation, or legal entity that incurs usage charges for the Service and utilizes the Service for its own internal use. "User" means an individual within Subscriber’s corporation or other legal entity who uses the Service and whose usage charges are incurred by Subscriber.
2. Acceptable Use of Internet Services. The Service may be used for World Wide Web browsing, sending, receiving and reading electronic mail, transferring files via the file transfer protocol or similar Internet protocol. At all times Subscriber shall be responsible for any use of the Service by its Users.
a. Dial-Up Services. User ID names and email addresses will be issued to Subscriber by Birch based upon availability. Once a user ID name is disassociated from an account for any reason, Birch may assign it elsewhere.
i. A dial-up account shall not be used to host a dedicated server site on the Internet.
ii. A dial-up account shall not be accessed simultaneously by multiple users using the same user ID.
iii. Dial-up accounts may only be used on an active dial-up basis, meaning only as needed and in no way on a standby or inactive basis in order to maintain a connection. Birch may disconnect a dial-up account after 15 minutes of inactivity. This time is approximate and subject to change without notice in Birch's sole discretion. Birch may allow longer intervals of inactivity in its discretion. Subscriber shall not use electronic or mechanical means to maintain an active connection, such as pinging the mail server, employing electronic or software auto-dialer features to maintain an active connection, or repeatedly checking for electronic mail by auto-login to the mail server. Birch may audit connections electronically to enforce these requirements.
iv. E-mail sent and received through Birch mail servers is limited in size to 25 megabytes, including attachments.
v. E-mail sent through Birch mail servers is limited to 50 recipients.
b. Dedicated Services (ISDN, DSL, T1, T1 Complete, BirchLink D, PRI Complete, and BirchLink T).
i. Use of a dedicated circuit to host servers is authorized. However, maintaining a SMTP (E-mail) open-relay server is prohibited.
ii. E-mail sent and received through Birch mail servers is limited in size to 25 megabytes, including attachments.
iii. E-mail sent through Birch mail servers is limited to 50 recipients.
iv. Birch does not require any size or recipient limits on E-mail sent through servers maintained by Subscriber.
c. Wireless Services. Wireless data plans and features are designed for casual use to access the Internet wirelessly for typical usage such as: Internet browsing; retrieving and sending e-mail transmissions; accessing corporate intranets and applications; uploading and downloading media files.
i. Subscriber is responsible for keeping all devices assigned to its account in good operating condition. Any device provided by Subscriber must be compatible with Birch systems and networks, and shall not interfere with the Services and must comply with all applicable laws, rules and regulations.
ii. Wireless service cannot be used to cause any network disruption leading to negative impacts in service quality for other users. Excessive consumption of network resources including, but not limited to, Denial of Service (DoS) attacks, or attacks on individual users or networks, whether intentional or unintentional, is prohibited.
iii. Wireless service plans may not be resold without Birch written authorization.
iv. Wireless service plans may not be manipulated such that Subscriber or its Users create a forgery or impersonation to others that the wireless plan is being provided by someone other than Birch,or in an effort to mislead the end user of services.
v. Personal data collected through a wireless service plan, or attempting to gain personal data about third parties via Birch Services, is strictly prohibited.
vi. A wireless data plan shall not be used for Voice over Internet Protocol (VoIP; server devices or host computer applications; web camera posts or broadcasts; automatic data feeds; automated machine-to-machine connections; peer-to-peer (P2P) file sharing; substitute for private lines, wire lines or full-time dedicated connections; automated responders or cancel-bots; or any other manual routine that generates excessive amounts of network or Internet traffic.
vii. Birch is under no obligation to monitor usage, bandwidth, transmissions and content of the Service or to notify Customer of excessive usage. Subscriber is solely responsible for monitoring its usage, bandwidth, transmissions and content periodically to (1) comply with all laws, regulations and government requests, (2) to operate the Service properly, and (3) to protect itself, its network and its Users.
viii. Birch may at its own discretion suspend Subscriber’s account if data usage is excessive, unusual or better suited for another plan. If Subscriber is on a plan that does not include a monthly MB/GB allowance and additional usage rates, Subscriber acknowledges and agrees that Birch has the right to impose additional charges for use beyond any inclusive allowance.
ix. International and North American roaming charges will apply for any usage that occurs outside of the continental United States.
3. Prohibited Activities. In connection with the use of the Service, Subscriber shall comply, and shall require its Users to comply, with the terms and conditions of this Agreement and with all applicable laws and regulations, including, without limitation, the Digital Millennium Copyright Act.
a. Without limiting the generality of the foregoing, Subscriber and its Users shall not use the Service in a manner that interferes with or threatens to jeopardize Birch's network or the use of the Service by any of Birch's customers, and Subscriber shall not use the Service:
i. to make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person;
ii. to create or distribute chain letters or other types of Ponzi or pyramid schemes of any type;
iii. to send 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 Subscriber or with whom Subscriber does not have an existing business relationship (spam); or distributing, advertising, web hosting or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam;
iv. to transmit or upload material, information, messages, data or images that are libelous or defamatory, or that violate any privacy right, threaten physical harm or property damage, or that violate state, local or federal laws, including but not limited to, laws governing obscenity, pornography, intellectual property, or the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so;
v. to cause or attempt to cause security breaches or disruptions of Internet communication or service. (Examples of security breaches include, but are not limited to, accessing data of which Subscriber is not an intended recipient, or logging in to a server or account that Subscriber is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, ping floods, denial of service attacks, packet spoofing, and forged routing information); or
vi. to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of Birch or any other party.
b. Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided as an option in connection with the Service. Subscriber and its Users shall not post to newsgroups until they have familiarized themselves with the subject matter and established guidelines and restrictions of the newsgroup. All Usenet guidelines and restrictions are incorporated in this Agreement by reference and Subscriber and its Users agree to comply with them. Without limiting the generality of the foregoing, Subscriber and its Users shall not:
i. post articles that are irrelevant to the newsgroup (inappropriate or irrelevant postings are not appreciated by participants of newsgroups nor are they allowed under Usenet protocols);
ii. make commercial postings unless they are specifically authorized by the rules of the newsgroup (most newsgroups do not allow commercial postings);
iii. make blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroup's subject matter (such as spamming or cross-posting);
iv. post chain letters; or
v. create unauthorized newsgroups.
c. Subscriber and its Users shall not cause harm to the equipment, software, or processes used in connection with furnishing the Service, whether owned or operated by Birch or other entities.
d. Upon any notice of alleged copyright infringement by a Subscriber, Birch shall have the right to immediately remove the allegedly infringing content or temporarily disable the Subscriber's webpage. Birch will notify Subscriber if such action is taken. Reinstatement may occur upon receipt by Birch's designated agent of a counter notice delivered in accordance with the copyright infringement provisions of the Digital Millennium Copyright Act. Repeat infringers' accounts will be terminated with no reinstatement. Birch's designated agent for infringement notices is: Spenserv, Inc., 1000 Walnut Street, Kansas City, Missouri 64106.
4. Content. Birch exercises no control over the content of the information passing through Birch's network and accessed through the Service. Birch has no duty to monitor, review, remove, or edit any material passing through or residing on its network or servers, although Birch reserves the right to do so. Some sites contain information that Subscriber or its Users may consider obscene or harmful. Birch shall not be responsible in any manner and to any extent for sites or postings that might be considered obscene, offensive, harmful, or illegal. Subscriber is responsible for its own monitoring and viewing habits, and for those of its Users, including minors. Birch makes no warranties of any kind, whether express or implied, about the content of the information passing through its network or accessed by the Subscriber or its Users through the Service. Use of any information obtained through the Service is at the sole risk of Subscriber and its Users. Birch specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.
5. Equipment. Subscriber shall be responsible for the proper installation, operation, and maintenance of any equipment not supplied by Birch that is used by Subscriber or its Users in connection with the Service and Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable laws and regulations.
6. Violations of this Policy. If Birch receives notice from a third party, or if Birch reasonably believes that a Subscriber or any of its Users has violated any of the terms of this Agreement (including, without limitation, for failure to pay for the Service when due), then Birch shall have the right, in its sole discretion, without prior notification to Subscriber or its Users, without limiting any other rights or remedies Birch might have, and without incurring any obligation or liability to Subscriber or its Users, to temporarily discontinue furnishing Service to Subscriber or its Users, in whole or in part, or to terminate this Agreement. Birch may charge a reconnect fee for any discontinued Service that is subsequently reconnected. Subscriber shall defend, indemnify and hold harmless Birch, its officers, directors, agents and vendors, from and against any claims, damages, losses or expenses (including, without limitation, attorneys fees and costs) incurred in connection with all claims, suits, judgments and causes of actions for damages arising from any breach by Subscriber or its Users of any provision of this Agreement.
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