CHINA TELECOM (AMERICAS) CORPORATION
ACCEPTABLE USE POLICY
Effective as of February 17, 2014
SCOPE OF THIS POLICY
This Acceptable Use Policy (“Policy”) defines acceptable practices relating to the use of CT Americas’ products and services (collectively the “Service”) by customers of CT Americas (“Customers”) and by users that have gained access to the Service through Customer accounts (“Users”). As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. “CT Americas” means China Telecom (Americas) Corporation and all of its affiliates (including direct and indirect subsidiaries and parents). “CT Americas Network” includes, without limitation, CT Americas’ network (and, where applicable, third-party networks provided as a Service to you), including all equipment, systems, facilities, services and products incorporated or used in such transmission network. The Policy applies to all aspects of the Service and the CT Americas Network. The Policy is designed to protect the security, integrity, reliability, and privacy of both the CT Americas Network and the Services. By using, or continuing to use, the Service, you acknowledge that you and your Users are responsible for compliance with the Policy and you agree to take all reasonable steps to ensure that you, your employees and your Users do not misuse, abuse or fraudulently use the Services, the CT Americas Network or otherwise violate the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account.
The use of a Service and the CT Americas Network by a Customer is subject to either the General Service Terms and Conditions posted on the CT Americas website (http://www.chinatelecomusa.com) or specific terms and conditions entered into by agreement between such Customer and CT Americas (collectively “Service Terms and Conditions”).
This Policy is incorporated into such Service Terms and Conditions by reference, and a violation of this Policy constitutes a breach of the Service Terms and Conditions. No failure or delay in exercising or enforcing this Policy shall constitute a waiver of the Policy or of any other right or remedy of CT Americas under this Policy or the applicable Service Terms and Conditions. If any provision of this Policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Policy shall remain in effect.
RIGHTS OF CT AMERICAS
Suspension or Termination of Service
If Users engage in conduct that violates the Policy, or is otherwise illegal or improper, including without limitation repeated violations by a User whereby correction of individual violations does not in CT Americas’ sole discretion correct a pattern of the same or similar violations, CT Americas reserves the right to suspend and/or terminate the Service or the User’s access to the Service. CT Americas will generally attempt to notify you (via email) of any activity in violation of the Policy and request that the User cease such activity; however, we reserve the right to suspend or terminate your Service or the User’s access to the Service without such notification if any violation of the Policy or any other misuse of Service or misconduct with respect to Service on the part of Customer or its employees, agents or Users creates, in CT Americas’ sole reasonable judgment, an imminent risk of material damage to the CT Americas Network, facilities or other property, or , upon request of a government authority. In addition, we may take any other appropriate action against you or the User for violations of the Policy. CT Americas reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act.
Cooperation with Investigations
CT Americas reserves the right to disclose Customer and/or User information to the extent required by local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. CT Americas will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity and by accepting and using Services, you consent to our disclosure of Customer and/or User information in connection therewith, without the need for CT Americas to obtain a subpoena or court order. In instances involving child pornography, CT Americas complies with all applicable laws, including, but not limited to, providing notice as may be required to the US National Center for the Missing and Exploited Children or other designated agencies.
Modifications to Policy
CT Americas reserves the right to modify this Policy at any time without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting or such e-mail transmission.
Collection of Service Information
By accepting and using the Service, you consent to allowing CT Americas to collect aggregate billing and usage data as well as service performance and routing information in the normal course of our business, and to use such information for the purpose of providing Service for the benefit of the Customer.
A Customer will not, and will take all reasonable measures to ensure that its own employees, customers and Users do not, misuse or abuse the Services, The listing below of prohibited uses and activities is not exhaustive and CT Americas reserves the right to determine that any conduct that is or could be harmful to its business, the CT Americas Network, its Customers, Users or other third parties is in violation of this Policy and to exercise any or all of the remedies contained in this Policy or otherwise available to CT Americas.
The Service shall be used only for lawful purposes. Use of the Service for transmission, distribution, use, posting, retrieval, or storage of any information, data or other material for any illegal purpose or in violation of any applicable (at the time of such use) local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Unauthorized Access or Use/Interference
A User may not attempt to gain unauthorized access to the Service or the CT Americas Network by any means or device with intent to avoid payment or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the CT Americas Network. A User may not use the Service so as to impair or interfere with the use of equipment or facilities of CT Americas, its affiliates or underlying carriers by other Customers or their Users. A User may not use the CT Americas Network or any Service to access, monitor or use any system or network or any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to, or attempt to destroy or alter, the confidential or proprietary information or User Content of other Customers. Customers may not resell any CT Americas Service without the express prior written consent of CT Americas.
Unsolicited Commercial Email/Spamming/Mailbombing
Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services and prohibiting such practices as “spamming” or “mailbombing,” constitutes a violation of this Policy. Further, a User may not use the Service to transmit any unsolicited commercial e-mail message(s) or deliberately send any excessively large attachment(s) to one recipient. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the CT Americas Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages. CT Americas may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.
Any form of fraudulent use of the Service is prohibited. For example, users may not intentionally or negligently inject false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.
Violation of Privacy
Use of the Service to impair or interfere with the privacy of any communications, or infringe any third party intellectual property rights is prohibited.
Any activity that disrupts, degrades, harms or threatens to harm the CT Americas Network or the Service is prohibited, including but not limited to the intentional transmission or introduction of files containing a computer virus or corrupted data or otherwise. Attempting to circumvent or alter the processes or procedures utilized by CT Americas for operations control, system management, Customer billing or fault repair; attempts to overload the CT Americas Network; and physically damaging any equipment or components of the CT Americas Network are also prohibited.
RESPONSIBILITIES OF CUSTOMERS
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted by its Users of the Services, including content provided on third-party websites linked to the CT Americas Network (“User Content”). Customers will protect the privacy and legal rights of their own Users under all applicable laws and will obtain any required User consents to enable Customer to access, monitor, use, or disclose User data as may be required by law. Customers are responsible for maintaining appropriate physical, technical and organizational measures, internal controls, and data security routines consistent with industry best practices to protect User data against accidental loss or change, unauthorized disclosure or access, accidental or unlawful destruction, other unlawful forms of processing and any information security breach. Customers also must have the ability to access, monitor, use, or disclose User data as may be required by law. Customer must obtain and maintain any required consents from Users to allow Customer’s access, monitoring, use and disclosure of User data. Customers are responsible for taking prompt corrective action(s) to remedy a violation of this Policy and to help prevent similar future violations.
Customer Systems and Equipment
Customers are responsible for ensuring and maintaining security of their networks, systems, equipment and software (“Systems”) that connect to and use the Service and the CT Americas Network, including, but not limited to, implementation of necessary patches and operating system updates. Customers are responsible for educating themselves and configuring their own Systems to interface with the CT Americas Network with appropriate technical compatibility and security. Customers are responsible for obtaining all necessary and appropriate governmental approvals for their own Systems, operating them in compliance with all applicable standards and requirements, and maintaining them in sound working order.
Threats to CT Americas’ Network
Customers are responsible for notifying CT Americas immediately if they become aware of an impending event that may negatively affect the CT Americas Network. This includes, but is not limited to, extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
Compliance with Laws
Customers are responsible for determining what laws or regulations are applicable to its use of the Service or the CT Americas Network and for ensuring its ongoing compliance with such laws and regulations.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE AND CONTENT DISCLAIMER
CT Americas makes no guarantee of, and assumes no liability for, the security or integrity of any information transmitted through a Service or stored upon the CT Americas Network, including any data or information transmitted via any server designated as “secure.” CT Americas makes no guarantee that any other entity or group of users will be included or excluded from CT Americas Network. In addition, CT Americas may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
EXCEPT TO THE EXTENT REQUIRED BY LAW OR GOVERNMENT REQUEST, CT AMERICAS DOES NOT MONITOR AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR CUSTOMER DATA TRANSMITTED VIA AN APPLICABLE SERVICE AND DISCLAIMS LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF ANY APPLICABLE SERVICE. CT AMERICAS DOES NOT OPERATE OR CONTROL THE INFORMATION, SERVICES, OPINIONS OR OTHER CONTENT OF THE INTERNET AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT.
COMPLAINTS AND INCIDENT REPORTING
Any complaints or notifications regarding violation of this Policy by a User shall include, where possible, details that would assist CT Americas in investigating and resolving the incident. All such notices should be directed as follows:
By Mail: Legal Department (Attn: Yao Yu)
China Telecom (Americas) Corporation
607 Herndon Parkway;
Suite 201 Herndon, VA 20170
By Fax: 703-787-0089
By Email: [email protected]
In most cases, CT Americas will attempt to notify you in accordance with the applicable Terms and Conditions governing a Service of complaints received regarding an alleged violation of this Policy by you or your User or any third party. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. CT Americas may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. CT Americas shall not be required to determine the validity of complaints received before taking action under this Policy. CT Americas has no obligation to forward the complaint to you or to identify the complaining parties.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that the Service or the CT Americas Network has been used to post, store or transmit material that infringes your copyright you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to the CT Americas’ Copyright Agent, as follows:
By Mail: Legal Department (Attn: Yao Yu) China Telecom (Americas) Corporation 607 Herndon Parkway; Suite 201 Herndon, VA 20170 By Fax: 703-787-0089
By Email: [email protected]
A valid notice must be a written communication that includes the following:
1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, e-mail address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
If you believe that copyright infringement has been wrongly filed against you, you may submit counter notification to the CT Americas’ Copyright Agent specified above. A valid counter notification must be a written communication that includes the following:
1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.