Common use of Acceptable Use of the Services Clause in Contracts

Acceptable Use of the Services. (a) You agree that you will use the Services in accordance with the terms of this Agreement. The following uses of the Services are prohibited: (i) Transmitting any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations; (ii) Harming, or attempting to harm, minors in any way; (iii) Transmitting any material that threatens or encourages bodily harm or destruction of property or harasses another; (iv) Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information; (v) Making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters”; (vi) Forging of any TCP-IP packet header, email header or any part of a message header (this prohibition does not include the use of aliases or anonymous remailers); (vii) Transmitting any unsolicited commercial email or unsolicited bulk email or engaging in activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial; (viii) engaging in auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting; (ix) Accessing, or attempting to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BTC’s or another entity's computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data; (x) Infringement of intellectual property rights or other proprietary rights, including, without limitation, material protected by copyright, trademark, patent, trade secret, or any other proprietary rights of any third-party; (xi) Collecting, or attempting to collect, personal information about third- parties without their knowledge or consent; (xii) Reselling the Services without BTC’s prior written authorization; provided, in the event BTC authorizes reselling of any or all of the Services, you agree that you bear the sole responsibility for 1) providing any such Services to any third-party, 2) any dispute, claim, or controversy arising out of or relating to providing such Services to any third- party, and 3) BTC shall bear no responsibility or liability, directly or indirectly, to any third-party as a result of your resale of any such Services; (xiii) Use of the Services at a location other than the Premises; (xiv) Posting or sending software or technical information in violation of U.S. export laws; or (xv) Engaging in any activity that adversely affects the ability of other people or systems to use BTC’s Internet access services or the Internet, which includes distributed denial of service (DDoS) attacks against another network host or individual user and other interference with or disruption of other network users, network services or network equipment, whether intentional or unintentional. (b) BTC may access, use, and disclose information regarding use of the Internet Services at the Premises to: (i) Comply with the law; (ii) Enforce or apply this Agreement; (iii) Initiate, render, bill, and collect for services; (iv) Protect BTC’s rights or property and those of its customers; or (v) Protect users of BTC Internet access services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. (c) In the event the Internet Service is used in a manner prohibited under this Section 7, BTC, in its sole discretion, may take any one or more of the following actions: (i) Issue warnings, whether written or verbal; (ii) Suspend your account; (iii) Terminate your account; (iv) Bill you for administrative costs and/or reactivation charges; or (v) Bring legal action to enjoin violations and/or to collect damages (including, without limitation, reasonable attorneys’ fees), if any, caused by violations.