Terms of Use Policy

THIS TERMS OF USE POLICY (“POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH AGILE NETWORKS FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THIS POLICY MAY BE REVISED FROM TIME TO TIME BY AGILE NETWORKS, OR AS OTHERWISE SET FORTH BELOW.

AGILE NETWORK BUILDERS, LLC, d/b/a Agile Networks (collectively “AGILE NETWORKS”) has established this POLICY for subscribers (“CUSTOMER”) of AGILE NETWORKS’s Internet access service, email, web hosting, voice-over-IP telephone service, or other Internet related services (collectively the “Service”) by designating standards for acceptable and unacceptable uses of the Service. This POLICY forms part of the agreement between AGILE NETWORKS and CUSTOMER and is incorporated by reference into AGILE NETWORKS’s terms and conditions for the applicable Service (the “Terms”). All subscribers of the Service and anyone who uses or accesses the Service, must comply with, and shall be bound by the terms of this POLICY. AGILE NETWORKS supports the free flow of information and ideas over the Internet. CUSTOMER access to the Service is conditioned on legal and appropriate use of the Service. CUSTOMER use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of AGILE NETWORKS, or any third party.

PROHIBITED USES OF THE SERVICE. For the benefit of all of AGILE NETWORKS’s subscribers, as a condition of the Service, AGILE NETWORKS prohibits the following activities:

Unlawful or Improper Use of the Service.CUSTOMER may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, CUSTOMER may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any AGILE NETWORKS property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Service, including other AGILE NETWORKS subscribers. CUSTOMER may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. CUSTOMER may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for CUSTOMER, logging into a server or account that CUSTOMER is not expressly authorized to access, or probing the security of other networks. CUSTOMER may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. CUSTOMER may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet. The Service is intended for periodic, active use. CUSTOMER may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.
Excess Utilization of Network Resources. The excessive use or abuse of AGILE NETWORKS ’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, CUSTOMER may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in AGILE NETWORKS’ sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at CUSTOMER location, continuously uploading or downloading streaming video or audio, use net hosting, or continuous FTP uploading or downloading. In the event that CUSTOMER violate the terms of this provision AGILE NETWORKS may, without limitation, restrict CUSTOMER access to AGILE NETWORKS’ network, increase the fees associated with CUSTOMER Service, including upgrading CUSTOMER to a higher class of Service, or immediately suspend or terminate CUSTOMER Service. In the event of termination of CUSTOMER Service, all applicable termination charges will apply.
Intellectual Property Infringement. CUSTOMER may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software. If AGILE NETWORKS receives a notice from a copyright owner alleging a Customer has committed copyright infringement, AGILE NETWORKS will notify the Customer of the alleged infringement. If AGILE NETWORKS receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” AGILE NETWORKS reserves the right to terminate the accounts and access to the Service of repeat copyright infringers. CUSTOMER is also prohibited from using the service to interfere with any technical measures employed by AGILE NETWORKS that ARE used to ensure compliance with this policy.
Objectionable Material. CUSTOMER may not use the Service to advertise, solicit, store, post, transmit, disseminate, or otherwise make available material or information that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation. AGILE NETWORKS will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
Spamming, Junk E-mail and Invasion of Privacy.CUSTOMER may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, fax blasting, or other activity that invade another person’s privacy (collectively, “Spam”). An e-mail may be “unsolicited” for purposes of this POLICY if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
Fraudulent Activity. CUSTOMER may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” CUSTOMER may not use techniques to hide or obscure the source of any e-mail or other communication.
Impersonation.CUSTOMER may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent CUSTOMER affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, CUSTOMER may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. Further, CUSTOMER may not alter, obscure or forge the MAC or IP addresses of the network’s equipment or systems used by AGILE NETWORKS to provide the Service.
Software Viruses. worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment are not permitted.
Collecting Information.CUSTOMER may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.
Newsgroups. CUSTOMER should use CUSTOMER best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. CUSTOMER must abide by such guidelines. CUSTOMER may not post or list articles which are off-topic according to the description of the group or send unsolicited mass e-mailings to ten or more people if such e-mail could reasonably be expected to provoke complaints from its recipients. Without limiting any other rights or remedies that AGILE NETWORKS may have under this POLICY, the applicable Terms or applicable law, AGILE NETWORKS may cancel any postings that violate this POLICY as determined by AGILE NETWORKS in its sole discretion.
Use of CUSTOMER Account by Others. CUSTOMER may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this POLICY. CUSTOMER may not permit CUSTOMER network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this POLICY.
Reselling.CUSTOMER may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without AGILE NETWORKS’s prior written consent.
Forging of Headers. CUSTOMER may not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
Hacking.CUSTOMER may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
Facilitating a Violation of this Policy. CUSTOMER may not advertise, transmit, or otherwise make available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations. CUSTOMER may not use the service for the transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
Other Illegal Activities. CUSTOMER may not use the service in violation of any applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

ILLEGAL AND FRAUDULENT ACTIVITY

CUSTOMER acknowledge and agree that AGILE NETWORKS may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security may incur criminal and/or civil liability. AGILE NETWORKS may immediately suspend or terminate CUSTOMER Service if AGILE NETWORKS suspects abuse or fraudulent use of the Service, interference with our network, or violation of the POLICY or applicable Terms, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. CUSTOMER must cooperate with AGILE NETWORKS in any fraud investigation and use any fraud prevention measures that AGILE NETWORKS prescribes. CUSTOMER failure to provide reasonable cooperation may result in CUSTOMER liability for all fraudulent usage.

Sharing CUSTOMER User ID or password with any other person is absolutely prohibited. In the result that CUSTOMER do share CUSTOMER User ID or password with another person, CUSTOMER will be solely responsible for the actions of that other person. Deletion, examination, copying, or modification of files and/or data belonging to other users without their prior consent is prohibited. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited. Any unauthorized, deliberate action which damages or disrupts a computing system, alters its’ normal performance, or causes a malfunction, is a violation regardless of system location or time duration.

VIOLATIONS OF POLICY

In the event that CUSTOMER violate this POLICY, AGILE NETWORKS may, without limitation, restrict CUSTOMER access to AGILE NETWORKS’s network, increase the fees associated with CUSTOMER Service, including upgrading CUSTOMER to a higher class of Service, or immediately suspend or terminate CUSTOMER Service. In the event of termination of CUSTOMER Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of AGILE NETWORKS are cumulative and not exclusive of any rights or remedies that AGILE NETWORKS may otherwise have at law or in equity. Waiver of any violation of this POLICY by AGILE NETWORKS shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by AGILE NETWORKS in exercising any right or remedy here under will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. CUSTOMER should read this POLICY in conjunction with the Terms for any applicable Service and our other Policies which are set forth on our website. AGILE NETWORKS has the right but not the obligation to monitor or restrict any uses of the Service that AGILE NETWORKS believes in its sole discretion violates this POLICY, any part of the applicable Terms, or applicable law. CUSTOMER is solely responsible for all content that CUSTOMER transmit or receive utilizing the Service and are responsible for abuse of CUSTOMER account by others.
In addition, violations of this POLICY may result in a demand for: immediate removal of offending material; immediate, temporary or permanent filtering; blocked access; suspension or termination of service (in whole or in part); or other action appropriate to the violation, as determined by AGILE NETWORKS, in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. AGILE NETWORKS may involve, and will cooperate with, law enforcement if criminal activity or threatened criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations or alleged violations of this POLICY. CUSTOMER will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to CUSTOMER violation of this POLICY, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorney’s fees or other costs or damages incurred by us.

PRIVACY, MONITORING THE SERVICE, POLICY MANAGEMENT

AGILE NETWORKS is under no obligation to monitor the Service, anyone’s use of the Service, or to retain the content of any user session. However AGILE NETWORKS may do so from time to time in its discretion. Without limiting any other right of AGILE NETWORKS under this POLICY or the applicable Terms, AGILE NETWORKS (a) reserves the right at all times and without notice to delete any content and (b) may disclose any information regarding CUSTOMER or CUSTOMER use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect AGILE NETWORKS’s property or legal interests and those of its subscribers. To protect its customers and its network AGILE NETWORKS may, without limitation, block and allow traffic types as we see fit at any time.

REPORTING VIOLATIONS

AGILE NETWORKS requests that any person who becomes aware of a violation of this POLICY report the information to AGILE NETWORKS at sales@agilenetworks.com or by mail to 213 Market Ave N, Suite 310, Canton, OH, 44702. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. AGILE NETWORKS may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) and in accordance with Title 17, Section 512(c)(2) (as amended) of the United States Code, notifications of a claimed copyright infringement may be sent (a) by e-mail to sales@agilenetworks.com; (b) by regular mail to 213 Market Ave N, Suite 310, Canton, OH, 44702; or (c) to the Registered Agent for any AGILE NETWORKS affiliate.

REVISIONS, RESERVATION OF RIGHTS

AGILE NETWORKS reserves all rights including the right to revise, amend, or modify this POLICY or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on AGILE NETWORKS’s website. CUSTOMER agree that CUSTOMER continued use of the Service after the effective date of any such revision, amendment or modification will constitute CUSTOMER acceptance thereof and CUSTOMER shall thereafter be bound by the terms of this POLICY, as revised, modified or amended. IT IS CUSTOMER RESPONSIBILITY TO CHECK AGILE NETWORKS ’S WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS POLICY MAY CHANGE WITHOUT NOTICE.

INTERPRETATION

The terms and provisions of this POLICY are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this POLICY, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.

DISCLAIMER OF WARRANTIES.

CUSTOMER EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT CUSTOMER SOLE RISK. NEITHER AGILE NETWORKS NOR ANY OF OUR WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, SERVICE PROVIDERS OR THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “AGILE NETWORKS’ PARTNERS”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO AGILE NETWORKS NOR ANY OF AGILE NETWORKS’ PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. AGILE NETWORKS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AGILE NETWORKS OR ANY OF AGILE NETWORKS’ PARTNERS SHALL CREATE A WARRANTY; NOR SHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE AGILE NETWORKS PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION CUSTOMER OBTAIN THROUGH THE SERVICE. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AGILE NETWORKS NOR ANY OF AGILE NETWORKS’ PARTNERS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT AGILE NETWORKS’ MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF AGILE NETWORKS’ PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO AGILE NETWORKS BY CUSTOMER FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Agile Networks or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Service Interruptions. Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God (including weather), power failure or any other cause beyond our reasonable control. However, because we value our subscribers, for an interruption of a significant length of time that is within our reasonable control, upon CUSTOMER request we may provide what we reasonably determine to be a fair and equitable adjustment to CUSTOMER account to make up for the Service interruption. THIS WILL BE CUSTOMER SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. Customer acknowledge and agree that the Service is not intended to be, and should not be used as, Customer “life-line” telecommunications service.

INDEMNIFICATION

CUSTOMER agrees to indemnify and hold harmless AGILE NETWORKS , and its suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to CUSTOMER use of the Service, any materials downloaded or uploaded through the Service, any actions taken by CUSTOMER in connection with CUSTOMER use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this POLICY. This Section will not be construed to limit or exclude any other claims or remedies that AGILE NETWORKS may assert under this POLICY, the applicable Terms or by law.