Acceptable Use Policy

1. Prohibited Activities

 

 

You may not use the Services in any way that (a) is unlawful, harmful to, or interferes with the operation of 10X Networks or another carrier’s, vendor’s, or individual’s, networks or systems, (b) infringes anyone’s intellectual property rights, (c) results in the publication of threatening or offensive materials, (d) constitutes dissemination of material that is obscene, defamatory, harassing, or libelous, (e) violates export control laws, (f) is harmful to minors, or (g) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.

 

 

Additionally, you may not (i) access or use the Services with an internet protocol (“IP”) address other than the IP address assigned to you by 10X Networks, (ii) use the Services in violation of the CAN-SPAM Act of 2003 (or any other law regulating the use of email), (iii) resell or redistribute the Services to unauthorized third parties, (iv) use the Services to collect or store personal data about other users, (v) restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy their equipment or the Internet, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, trojan botnet, cancelbot, or other harmful feature, (vi) transmit such large amounts of data, information, or other content beyond typical customer usage, as may disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any related network infrastructure or facilities used to deliver the Service, whether such disruption or degradation affects your own use of the Service or another customer's use, (vii) use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of 10X Networks (or any other party’s) server, network, network access, personal computer, phones, tablets, software, data, or other device or system, or to attempt to do any of the foregoing, (viii) use or access the Services for data scraping (i.e., bulk data collection) for AI training purposes or otherwise, (ix) use the Services in a manner that may expose 10X Networks to criminal or civil liability, or (x) violate any other policies or guidelines of 10X Networks while using the Services. Users are further prohibited from assisting any other person in violating any part of the Terms of Use. 10X Networks will determine whether violations of this section have occurred in its sole discretion.

 

 

 

2. User Content

 

 

You are solely responsible for all activity and information originating from your IP address. 10X Networks reserves the right to refuse to post or to remove any information or materials from the Service, in whole or in part, that 10X Networks deems, in its sole discretion, to be illegal, offensive, indecent, or otherwise objectionable. 10X Networks does not have any obligation to monitor such content or transmissions but reserves the right to monitor that activity from time to time for violations of these Terms of Use and applicable law.

 

 

 

3. Servers

 

 

You may not operate, or allow others to operate, servers of any type or any other device, equipment, or software providing server-like functionality in connection with the Service, unless you are a non-residential customer or expressly authorized by 10X Networks.

 

 

 

4. Misuse of Services

 

 

You may be held responsible for any misuse or abuse of the Service occurring in connection with your account or originating from your IP address, even if such uses are inadvertent or unintended or caused by unauthorized third parties.

 

 

 

5. Security

 

 

You are solely responsible for the security of any device connected to the Service, including, but not limited to, the deployment of patches and updates on hardware and software, and data stored on connected devices. You are responsible for implementing appropriate security precautions for all systems connected to the Service to protect against threats such as viruses, spam, trojan botnets, and other malicious intrusions. You are solely responsible for enabling and maintaining the security of any wireless (Wi-Fi) networks connected to the Service (including the firewalls and other security settings on routers provided by 10X Networks). Unsecured or “open” wireless networks, whether installed by the customer or a 10X Networks representative, are prohibited. You authorize 10X Networks to use technology to detect unsecured wireless networks associated with your use of the Service. If detected 10X Networks may, but is not obligated to, send you a notification reminding you to enable the security settings on your network.

 

 

 

6. Security Violations

 

 

You may not use the Service to breach or attempt to breach the security of another user or attempt to gain access to any organization or person's computer, software, or data without the knowledge and consent of such person. The equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

 

 

 

7. Email

 

 

You may not use the Service to send bulk, commercial or unsolicited (“spam”) email messages. Any unsolicited email, originating from any source, must not direct recipients to any website that is part of our Service, such as personal web pages, or other resources that are part of the Service. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violate these Terms of Use or the acceptable use policy of any other Internet service provider. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.

 

 

You may not reference 10X Networks in the header or body of an unsolicited email, or list an IP address associated with 10X Networks in any unsolicited email. Further, you may not take any action which implies that 10X Networks is the sponsor of any unsolicited email even if that email is not sent through 10X Networks network. Further, forging, altering or removing electronic mail headers is prohibited.

 

 

If the Service is disconnected, whether voluntarily or by termination, all usernames and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until 10X Networks deletes them as part of its normal policies and procedures. There is no obligation for 10X Networks to retain or make any username, email address or stored email retrievable once the Service is disconnected.

 

 

 

8. Data Usage, Data Storage & Other Limitations

 

 

10X Networks offers multiple packages of Service with varying speeds, features and data plans (not all packages are available in all areas). You must comply with the current data usage, data storage, email limits and other requirements associated with the package of Service you selected, if any.

 

 

 

9. Digital Millennium Copyright Act

 

 

The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements (“Notification”) to service providers like 10X Networks. Once such a notice is received, service providers automatically have certain obligations. Accordingly, in accordance with the DMCA and other applicable laws, 10X Networks maintains a policy that provides for the termination of Internet services, under appropriate circumstances, if customers are found to be a repeat infringer or if customer’s Internet services are used repeatedly for infringement. 10X Networks may terminate a customer’s Internet service under this policy at any time with or without notice. This policy does not affect any other rights 10X Networks may have.

 

 

DMCA Copyright Notifications:

 

 

If you are a copyright owner or an agent of a copyright owner and you believe that your rights under U.S. copyright law have been infringed, you may submit a Notification pursuant to the DMCA. After receiving a Notification alleging infringing material resides on 10X Networks network, 10X Networks will, to the extent required by applicable law, remove or disable access to the material and take reasonable steps to promptly notify the customer that the material has been removed or access to it disabled.

 

 

After receiving Notifications regarding repeated infringement through unauthorized file sharing, including peer-to-peer file sharing, relating to a specific customer account, 10X Networks will take action to prevent repeated infringement. Such action may include temporary or permanent termination of the customer account.

 

 

Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to 10X Networks, the alleged infringer, and the copyright owner for damages incurred as a result of the misrepresentation.

 

 

You may direct DMCA Notifications to 10X Networks designated agent as follows:

 

 

10X Networks
Attn: Regulatory Department
P.O. Box 32, Shirley IL 61772
E-mail: support@10Xnet.biz
Phone: 309-433-0780

 

 

Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to 10X Networks above-listed designated agent and must include substantially the following:

 

 

a. A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

 

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 10X Networks to locate the material.

 

 

d. Information reasonably sufficient to permit 10X Networks to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

 

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

 

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

DMCA Counter-Notifications

 

 

A customer may provide a counter notification to a Notification provided under DMCA subsection 512(c)(1)(C) by providing a written communication to 10X Networks designated agent (identified above) that includes substantially the following:

 

 

a. A physical or electronic signature of the customer.

 

 

b. 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.

 

 

c. A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

 

d. The customer's name, address, and telephone number, and a statement that the customer consents to the jurisdiction of the Federal District Court for the judicial district in which the service address is located, and that the customer will accept service of process from the person who provided the notification under DMCA subsection 512(c)(1)(C) or an agent of such person.

 

 

After receiving a compliant counter notification, 10X Networks will forward a copy of the counter notification to the copyright owner. If the copyright owner informs 10X Networks that it has initiated an action seeking a court order against the customer, 10X Networks will take no additional action, and any accused infringing material will continue to be blocked until that action is resolved. If 10X Networks does not receive notice from the copyright owner that an action has been initiated against the accused customer, 10X Networks will inform the customer that any removed material may be replaced by the customer, and 10X Networks will take steps to restore access to any blocked materials.

 

 

Non-Notification related DMCA questions may be sent to the following:

 

 

10X Networks
Attn: Regulatory Department
P.O. Box 32, Shirley IL 61772
E-mail: support@10Xnet.biz
Phone: 309-433-0780

 

 

The information in this Section is provided to you for informational purposes only and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.

 

 

 

10. Monitoring

 

 

10X Networks reserves the right, but is under no obligation, to monitor the material residing in its systems or transmitted through the Services. Your use of any of the Services evidences your consent to 10X Networks monitoring your use of the Services, and its systems and networks.

 

 

 

11. Enforcement & Notice

 

 

Your failure to observe the guidelines set forth in this Policy may result in 10X Networks taking actions anywhere from a warning to a suspension or termination of your Services. 10X Networks reserves the right, however, to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped, or when 10X Networks reasonably determines that your use of the affected Services may: (a) expose 10X Networks to sanctions, prosecution, civil action or any other liability; (b) cause harm to or interfere with the integrity or normal operations of 10X Networks network or networks with which 10X Networks is interconnected; (c) interfere with another 10X Networks Users use of the Services or the Internet; (d) violate any applicable law, rule or regulation; or (e) otherwise present an imminent risk of harm to 10X Networks or its Users.

 

 

 

12. Indemnification

 

 

You agree to indemnify, defend, and hold harmless 10X Networks and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) resulting from you engaging in any of the prohibited activities listed in this Policy or resulting from your violation of this Policy or of any other posted 10X Networks policy related to use of the Service. Your indemnification obligations will survive any termination of your Service.