Acceptable Use Policies (AUP)

 

Last Updated: Wednesday, April 03, 2019

 

This Acceptable Use Policy applies to the following:

• NCKCN as a whole and all of its products and services
• You, the user – which refers to individuals using NCKCN’s products and services, and/or
• You, the visitor – which refers to individuals visiting and viewing any of NCKCN’s websites

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Appropriate Use of NCKCN’s Service(s) General Statement

Your access to the service is conditional on legal and appropriate use. Your use of the service and any activities conducted online through the service shall not violate any applicable laws or regulations, the rights of NCKCN and its partners, or the rights of any third party.

As with any Internet access, the NCKCN services is not 100% secure. Any information being sent or received could potentially be intercepted by another user. Be cautious when filling in personal information on websites. You should always take precautions when transmitting credit card information, passwords, and other sensitive information while using any NCKCN service.

For additional information, see below.

Click/Tap any of the links below to jump to:

• NCKCN Internet and Email Acceptable Use Policy

• NCKCN Co-Location Acceptable Use Policy

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NCKCN Internet and Email Acceptable Use Policy:

1. Disclaimer
   • The Internet is a worldwide network of computers that contains countless pages of information. Users are cautioned that many of these pages include offensive, sexually explicit and inappropriate material. In general it is difficult to avoid at least some contact with this material while using the Internet. Even innocuous search requests may lead to sites with highly offensive content. Additionally, having an email address may lead to the receipt of unsolicited emails containing offensive content. Users accessing the Internet do so at their own risk and NCKCN is not responsible for material viewed or downloaded by users from the Internet. To minimize these risks, your use of the Internet at NCKCN is governed by the following policy.
2. Permitted Use of the Internet, Emails and Computer Network
   • The intranet network is the property of NCKCN and may only be used for legitimate purposes. All Users have a responsibility to use NCKCN’s network resources and the Internet in a professional, lawful and ethical manner. Abuse of the intranet network or the Internet, may result in disciplinary action, including possible service termination, and civil and/or criminal liability.
3. Introduction
   • Purpose – The purpose of this policy is to ensure efficient use of NCKCN resources and to protect NCKCN and its End Users from misuse of those resources.
   • Scope – This policy applies to all End Users of NCKCN who are authorized to use email and/or Internet facilities owned or operated by the NCKCN.
   • Failure to Comply – Failure to comply with this policy amounts to misconduct and will result in disciplinary action which, for end users, could include immediate service termination, and civil and/or criminal liability.
4. WARNING
   • Email is neither private nor secret. Personal emails can easily be forwarded to other parties to whom they were not originally intended and the message manipulated or misconstrued. This can result in liability of the sender for issues arising such as sexual harassment, defamation or discrimination. Emails are discoverable documents that may be required to be produced for legal proceedings.
5. NCKCN Property
   • NCKCN owns and asserts copyright over all materials created by its employees as part of their employment including that sent through the information technology network.
   • All emails and Internet activity may be monitored whether used for work or non-work related activities.
6. Inappropriate Use
   • NCKCN will not tolerate the use of emails or the Internet which is: a) Illegal (including but not limited to harassment or pornography); b) Defamatory or discriminatory; c) Vilifying, sexist, racist, abusive, rude, annoying, insulting, threatening, causes an invasion of privacy or inconvenience, obscene or otherwise inappropriate; d) Causes embarrassment or loss of reputation to NCKCN; e) Causes disruption to the workplace environment; f) Relates to the activities of private organizations eg clubs, industrial associations; g) Is likely to corrupt, damage or destroy data, software or hardware of the NCKCN or others; h) Is critical of NCKCN, its management or its employees.
   • Such inappropriate use as listed above depends on the perception of the reader and not the intention of the sender!
7. Monitoring
   • NCKCN reserves the right to monitor the use of its computer network, to the extent allowed by relevant laws, to ensure compliance with the Company’s Internet and email policy. This may include the interception and/or reading of any messages sent or received.
   • End Users should NOT expect that any information or file transmitted or stored through the NCKCN’s network will be private.
8. Confidentiality and Copyright Infringement
   • Emails are not a secure means of communication!
   • Emails must not be used to communicate NCKCN confidential information without prior approval.
   • Copyright materials of NCKCN or any other entity must not be distributed without specific authority to do so.
   • Copyright materials from the Internet must not be copied or published without specific authority to do so.
9. Unauthorized Use of the Internet and World-Wide Web
   • NCKCN Internet access facilities must only be used for authorized purposes. The Internet access facilities must not be used for:
     1. The downloading, access or posting of materials on the Internet that may be considered illegal, inappropriate, offensive, defamatory, obscene, pornographic or discriminatory;
     2. Attempting to obtain unauthorized access to NCKCN’s or any other computer system or data stored in any computer system and/or attempt to probe the security mechanisms at NCKCN or any other Internet site.
     3. Using the Internet facilities of NCKCN for financial gain.
10. Storage
    • Emails containing information required to be kept should be printed and filed as necessary. Emails should not be stored unless essential.
    • Unnecessary messages and files should be deleted both for security reasons and to free-up space on the network.
11. Site Blocking
    • NCKCN has the right to utilize software that makes it possible to block access to Internet sites containing illegal, sexually explicit or other materials deemed inappropriate in accordance to this AUP.
12. Acceptable Use Changes
    • NCKCN has the right to update, change or alter this Acceptable Use Policy at any time or in any manner. NCKCN is not responsible for any errors or omissions in this Acceptable Use Policy.
13. More Information:
    • The North Central Kansas Community Network Co. (NCKCN) agrees to provide and User agrees to receive access to the NCKCN Internet service according to the following terms and conditions:
      • All provisions of the Service Agreement apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.
      • The Benefits of or rights conferred by this agreement are non-transferable. Use of NCKCN 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.
      • User agrees to use the service in manner consistent with any and all applicable laws.
      • User agrees to follow the Acceptable Use Policy of any network user connects to, including NCKCN’s system.
      • If user is less than 18 years of age, a parent or legal guardian, who is responsible for all charges related to use of User’s account(s), must sign Agreement.
      • Use of NCKCN for advertising or promotion of a commercial product or service without the express, written consent of NCKCN is prohibited.
      • User is responsible for all use of User’s account(s) and confidentiality of password(s). NCKCN will suspend access or change access to User’s account(s) within a reasonable time upon written notification by User that his/her password has been lost, stolen or compromised.
      • User agrees to pay NCKCN all charges relating to the use of User’s account(s) according to published rates and prices.
      • Access is subject to credit limits established by NCKCN A credit limit is applied to all accounts. User’s access to service may be suspended at NCKCN’s sole discretion if User exceeds his/her credit limit unless prior arrangements have been made.
      • NCKCN reserves the right to change prices on 30 days notice.
      • NCKCN reserves the right, in its sole discretion, to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any payment submitted.
      • THE NCKCN 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 NCKCN OR ANY INFORMATION OR SOFTWARE THEREIN. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY NCKCN OR ITS PROVIDERS.
      • Neither NCKCN nor its information Provides are responsible for any damages arising from User’s use of or inability to use NCKCN service.
      • NCKCN reserves the right to change without notice the NCKCN service, including, but not limited to, access procedures, menu structures, commands, documentation, vendors and services offered.
      • NCKCN is not responsible for User’s personal files residing on NCKCN.
      • NCKCN reserves the right, in its sole discretion, to delete any information entered into NCKCN by User. NCKCN and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
      • USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON NCKCN 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.
      • NCKCN, 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 or by sole judgment of NCKCN that User may be performing activities harmful to NCKCN or its User, employees, vendors, business relationships or any other users of the Internet. Upon termination, no further charges will be made to User’s account, deposits for future use shall be refunded within a reasonable time, and User may reapply for membership, although NCKCN reserves the right in its sole discretion to accept or deny.
      • Due to public nature of the Internet, all Public e-mail is considered publicly accessible and important information should be treated carefully. NCKCN is not liable for protection or privacy of electronic mail and information transferred through the Internet.
      • NCKCN reserves the right to terminate access to service for any User account that has been inactive for 2 months.
      • Use of distribution lists via electronic mail or other mass electronic mailing is prohibited and is subject to approval by NCKCN.
      • The laws of the State of Kansas shall govern this Agreement.
      • In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of attorney’s fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
      • NCKCN may modify these terms and conditions upon notice published On-line via NCKCN User’s use of NCKCN service after such notice shall constitute User’s acceptance of the modifications to this Agreement.
      • Non-enforcement of any section of this Agreement does not constitute consent and NCKCN reserves the right to enforce this Agreement at its sole discretion.
      • If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and NCKCN’s agreement on all other paragraphs shall remain valid.
      • NCKCN maintains control and any ownership of all IP addresses and reserves in its sole discretion the right to change or remove any and all.
      • NCKCN reserves the right to charge for incoming and/or outgoing electronic mail if the volume for a single user exceeds his/her allotted storage.

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NCKCN Co-Location Acceptable Use Policy:

The following items are violations of NCKCN Co-Location’s Acceptable Use Policy (AUP):

1. Illegal Activities: NCKCN Co-Location services may not be used for illegal purposes, or in any form support illegal activities. NCKCN Co-Location reserves the right to cooperate with legal authorities and/or injured parties in the investigation of any suspected illegal activities.
2. Threats and Harassment: Use of NCKCN Co-Location services to transmit any materials (by email, uploading, posting, messaging, etc.) to threaten or harass other subscribers, or other third parties.
3. Fraudulent Activity: Use of NCKCN Co-Location services and/or resources to make fraudulent offers to buy or sell items, services, or any type of “scam” such as but not limited to “chain letters”, “pyramid schemes”, etc.
4. Impersonation: Modifying network information in an effort to mislead or deceive, with or without bad intent. Attempting to assume the identity of someone else using modified network information, including packet headers, and email headers or other identifying information.
5. Bulk Email/SPAM: Use of NCKCN Co-Location services to transmit any solicited, or unsolicited email, News-group, Internet Relay Chat (IRC), or other forms of SPAM is prohibited. Any and all violations of this nature will result in the immediate termination of the offending subscribers account(s) without refund. Accounts which are terminated for this reason are subject to a $250.00 “clean-up” fee, and may result in notification to the proper authorities, on NCKCN Co-Location’s sole discretion.
6. Denial of Service (DoS) Attacks: Use of NCKCN Co-Location’s services and/or resources in ANY attempt to disrupt, interfere, damage, degrade or interrupt another network(s), or parties ability to use NCKCN Co-Location’s services, or the Internet is strictly prohibited. It is each members responsibility to ensure that their network is configured in a manner which is deemed by NCKCN Co-Location as secure. A subscriber may not through inaction or action allow their services to be used by their users, or third parties for inappropriate or illegal actions. Members may not configure their network, or neglect to reconfigure their network in any manner which would allow for a third party in an inappropriate or illegal manner. Unauthorized entry as the result of neglect will become the responsibility of the member; They will assume all responsibility for actions, fines, penalties and potential termination of service which may result from Unauthorized entry.
7. Unauthorized Access: Use of NCKCN Co-Location’s services or resources in any attempt to infiltrate, access, probe, another subscribers account, or account information is prohibited. Use of NCKCN Co-Location’s services or resources in any attempt to circumvent, or probe NCKCN Co-Location’s, or third parties security measures, hardware or software, or electronic communications system, or telecommunications systems, is prohibited.
8. Collection or Storage of Personal Information: Use of NCKCN Co-Location’s services in any attempt to collect or store personal information of third parties, without their knowledge and/or consent is strictly prohibited.
9. Copyright, Patent, Trademark, and Trade Secret Infringement: Any form of distribution, of the aforementioned Infringements will not be tolerated.
10. Distribution of Harmful programs: Use of NCKCN Co-Location’s services or resources to intentionally or knowingly distribute software which may cause damage, harassment, or annoyance to third parties, data, or computer systems, including but not limited to the distribution of Viruses, Virii, Trojans, “Droppers”, etc. is strictly prohibited.
11. Unacceptable use of software: Use of software with the intent of facilitating a continual connection from, or to NCKCN Co-Location’s network is prohibited. This includes use of software for the needless transmission of data, to or from NCKCN Co-Location’s network with the intent of occupying network resources.
12. Third Party Accountability: All NCKCN Co-Location members will be held solely responsible and accountable any and all activities performed by third parties, using the said members account or services, which are in violation of the Acceptable Use Policy (AUP).
13. Revisions of the Acceptable Use Policy: NCKCN Co-Location reserves the right to revise or modify our Acceptable Use Policy (AUP) at any time and in any manner. It is the subscribers responsibility to keep up to date with the current contents of the Acceptable Use Policy (AUP). NCKCN Co-Location will provide notice of changes to the Acceptable Use Policy (AUP) whenever reasonably possible, which is determined solely by NCKCN Co-Location.
14. Adult Materials: Use of NCKCN Co-Location’s services or resources to store, transmit, or create adult oriented materials is strictly prohibited. NCKCN Co-Location reserves the right to remove any adult materials it deems offensive from its network, by means of deleting, or removing the resource housing them from the network. NCKCN Co-Location reserves the right to remove adult materials with, or without consent of the account owner, and without prior notice.
15. Internet Relay Chat (IRC): Use of NCKCN Co-Location services or resources to establish connections to IRC networks, or host Internet Relay Chat Daemons (IRCD) is strictly prohibited unless approved in writing by NCKCN Co-Location. This includes use of “Eggdrop bots”, and “Energy Mech bots (EMech)”. Any accounts found to be disobeying this rule may be subject to immediate termination. Any servers or accounts which attract a Denial of Service (DoS) attack as a result of IRC related connections may be subject to immediate account cancellation without refund and without notice, regardless of having NCKCN Co-Location’s written permission or consent.
16. Offensive Materials/Content: Use of NCKCN Co-Location services or resources to display, distribute, upload, post, discuss, or create materials which NCKCN Co-Location deems to be offensive is strictly prohibited. This may include, but is not limited to: pornography, beastiality, hentai, yaoi, materials which depict bodily harm, hate related/motivated materials, anti-gay materials, anti-lesbian materials, Ku-Klux Klan related materials, satan related materials, etc.

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