Acceptable Use Policy

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Introduction

UBER ISP is dedicated to ensuring that all its customers can access and use the network and the Internet without any interference or harassment from other users. By utilizing the services provided by UBER ISP, the Customer agrees to abide by all laws and regulations pertaining to the use of the Internet, e-mail transmission, and text messaging. The AUP, or Acceptable Use Policy, has been implemented to achieve these objectives." 

By utilizing the IP Service(s) provided by UBER ISP, the Customer agrees to abide by the terms outlined in the Acceptable Use Policy (AUP) and assumes responsibility for the actions of any users utilizing the service under the Customer's account. UBER ISP reserves the right to amend or modify the AUP at any time, with such changes becoming effective upon posting on UBER ISP's website, located at www.uberisp.com/legal. Continued use of the IP Service(s) after any such changes have been made shall be considered acceptance of the new terms outlined in the AUP. 

Scope of the AUP

UBER ISP Acceptable Use Policy (AUP) applies to all IP Services offered by UBER ISP, including but not limited to; internet access, hosting services, software applications, and hardware provided over the internet or wireless data networks. By using these services, customers agree to comply with the terms outlined in the AUP and remain responsible for their users' actions. UBER ISP reserves the right to modify or change the terms of the AUP at any time, and changes will be effective upon posting on the company's website at www.uberisp.com/legal. Continued use of IP Services after any changes to the AUP constitutes acceptance of the new terms. 

Prohibited Activities

General Prohibitions:

The use of UBER ISP's IP Services is subject to compliance with all applicable laws and regulations and the terms outlined in the AUP. 

Any use of the IP Services that is deemed illegal, harmful, or in violation of the rights of others, including but not limited to infringement of intellectual property rights, or that results in the transmission of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy, is strictly prohibited. Customers are responsible for ensuring compliance with all rules and guidelines set forth by search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services accessed through a link from the UBER ISP-branded website or from a website that contains UBER ISP-branded content. 

Violation of this AUP may result in the termination of IP Services. 

Unlawful Activities:

The use of IP Services in connection with any criminal, civil, or administrative violation of any applicable local, state, provincial, federal, national, or international law, treaty, court order, ordinance, regulation, or administrative rule is strictly prohibited. 

Any such use may result in immediate termination of IP Services and may also subject the user to criminal and/or civil liability. 

Violation of Intellectual Property Rights: 

The use of IP Services to publish, submit, receive, upload, download, post, use, copy, or otherwise reproduce, transmit, re-transmit, distribute, or store any content or material that infringes, misappropriates, or otherwise violates the intellectual property rights or privacy or publicity rights of UBER ISP or any individual, group, or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights, or other intellectual property right now known or later recognized by statute, judicial decision, or regulation is strictly prohibited. Any such use may result in immediate termination of IP Services and may also subject the user to criminaInternetInternetInternetl and/or civil liability. 

Threatening Material or Content:

UBER ISP prohibits using its IP Services for hosting, posting, transmitting, or re-transmitting any content or material that is harassing or threatening to the health or safety of others. In addition, for IP Services that utilize UBER ISP's web hosting services, the company reserves the right to decline to provide such services if the content is found to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent, or promoting violence, or otherwise harmful. Any violations of this rule may result in the termination of IP Services without notice. 

Inappropriate Interaction with Minors:

UBER ISP is committed to protecting the safety and well-being of minors using our services. We comply with all applicable laws and regulations related to the protection of minors, including reporting any instances of child exploitation to the National Center for Missing and Exploited Children (NCMEC). We encourage all users to familiarize themselves with online safety measures and resources and invite them to visit the NCMEC website at www.ncmec.org for more information. 

Child Pornography: 

By using IP Services, Customer agrees to comply with all laws and regulations regarding the possession, distribution, and transmission of child pornography. Any suspected violations of this prohibition should be reported to UBER ISP immediately at cp@uberisp.com. UBER ISP takes any violation of this prohibition seriously and will report any discovered instances of child pornography to the National Center for Missing and Exploited Children. UBER ISP will take all necessary steps to remove child pornography from its servers and block access to any content determined to contain child pornography. 

Spam/E-mail/Usenet Abuse:

Violating the CAN-SPAM Act of 2003 or any other applicable law regulating e-mail services, constitutes a violation of this AUP. IP Services shall not be used to engage in Spam/E-mail or Usenet abuse, which includes but is not limited to:

• Sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient. 
• Sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services. 
• Sending unsolicited electronic messages with petitions for signatures, requests for charitable donations, or sending any chain mail-related materials. 
• Sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender. 
• Sending electronic messages, files or other transmissions that exceed contracted capacity or create the potential for disruption of the UBER ISP network or the networks with which UBER ISP interconnects by quantity, size or otherwise. 
• Using another site's mail server to relay mail without the express permission of that site. 
• Using another computer, without authorization, to send multiple e-mail messages or to re-transmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP. 
• Using IP addresses that the Customer does not have a right to use. 
• Collecting the responses from unsolicited electronic messages. 
• Maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages. 
• Sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise). 
• Use distribution lists containing addresses that include those who have opted out. 
• Sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header. 
• Falsifying packet header, sender, or user information, whether in whole or in part, to mask the identity of the sender, originator or point of.

Security Violations

Customers shall be held responsible for ensuring and maintaining the security of their systems and devices that connect to and utilize the IP Services, including the implementation of necessary updates and patches for their operating systems. The IP Services shall not be utilized for any actions that interfere with, gain unauthorized access to, or violate the security of UBER ISP's servers, networks, network access, personal computers, control devices, software, data, or other systems, or for attempting to do any of the aforementioned actions. Examples of violations of system or network security include, but are not limited to: 

• Engaging in unauthorized monitoring, scanning, or probing of network or systems, or any other action aimed at intercepting data or harvesting e-mail addresses without express authorization; 
• Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without express authorization of the owner of the system or network; 
• Impersonating others or secretly or deceptively obtaining personal information of third parties through phishing or other means; 
• Using any program, file, script, command, or transmission of any message or content of any kind that is designed to interfere with a terminal session, access to or use of the Internet, or any other means of communication; 
• Distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers, or network probing tools, except in the case of authorized legitimate network security operations; 
• Uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted files, rootkits, or any other similar software or programs that may damage the operation of another's computer, network system, or other property, or be used to engage in modem or system hijacking; 
• Transmitting pirated software; 
• Using any software or device designed to defeat system time-out limits or to allow the Customer's account to stay logged on while the Customer is not actively using the IP Services or using such an account to operate a server of any type; 
• Manipulating or bypassing any limitations placed on the IP Services; 
• Providing guidance, information, or assistance in causing damage or security breaches to UBER ISP's network or systems or to the network of any other IP Service provider; 
• Failing to take reasonable security precautions to help prevent violations of this AUP.

Customer Responsibilities 

Customers are solely and fully responsible for the content of any material that is posted, hosted, downloaded, uploaded, created, accessed, or transmitted using the IP Services. UBER ISP has no responsibility for any material created on UBER ISP's network or accessible using IP Services, including content provided on third-party websites linked to the UBER ISP network. These third-party website links are provided as Internet navigation tools for informational purposes only and do not constitute an endorsement by UBER ISP of the content of such sites. 

Customers are responsible for taking prompt and appropriate action to correct any violations of the AUP and to prevent similar violations from occurring in the future. 

AUP Enforcement and Notice

Customers are responsible for adhering to the guidelines set forth in this Acceptable Use Policy (AUP) while using IP Services provided by UBER ISP. Failure to comply with the AUP may result in UBER ISP taking appropriate actions, ranging from issuing a warning to suspending or terminating the Customer's IP Services. Whenever possible, UBER ISP will provide the Customer with notice of any violation of the AUP and an opportunity to correct the violation before taking further action. 

However, in certain circumstances, UBER ISP reserves the right to take immediate and without notice action, such as suspending or terminating the affected IP Services, in response to a court order or government notice requiring certain conduct to be stopped, or when UBER ISP reasonably believes that the Customer's use of the IP Services may: (1) expose UBER ISP to legal sanctions, prosecution, or civil action; (2) harm or interfere with the integrity or normal operations of UBER ISP's network or the networks of other providers; (3) interfere with other UBER ISP customers' use of IP Services or the internet; (4) violate any applicable laws, regulations, or rules; or (5) pose an imminent risk of harm to UBER ISP or its customers. 

Copyright Infringement & Digital Millennium Copyright Act

UBER ISP respects the intellectual property rights of others and is committed to complying with all relevant copyright laws. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), UBER ISP has implemented a policy for addressing and responding to alleged copyright infringement by its customers.

Customers are prohibited from using the IP Services to infringe on the intellectual property rights of others, including copyright, trademark, and trade secret rights. If a copyright owner believes that a customer has infringed on their rights, they may send a notification of claimed infringement to UBER ISP's designated agent.

UBER ISP will process valid notifications of claimed infringement under the DMCA and take appropriate action, including disabling access to the infringing material and/or terminate a repeat infringer's account.

In addition, UBER ISP may voluntarily participate in copyright alert and graduated response programs on terms acceptable to UBER ISP. UBER ISP has no obligation to investigate possible copyright infringements with respect to materials transmitted by customers or any other users of the IP Services but will process valid notifications of claimed infringement under the DMCA.

Customers are responsible for ensuring that their use of IP Services does not violate copyright laws. UBER ISP will not be held liable for any infringement resulting from the customer's use of the services.

Incident Reporting

Any complaints regarding violations of this Acceptable Use Policy (AUP) by an UBER ISP Customer or its users, other than claims of copyright infringement, should be directed to abuse@uberisp.com. To assist UBER ISP in investigating and resolving such complaints, customers should provide as much information as possible, including but not limited to expanded headers, IP addresses, a copy of the offending transmission, and any relevant log files.

DMCA Copyright Notifications:

Pursuant to 17 USC §§ 512(b)–(d), a copyright holder may send UBER ISP a valid notification of claimed copyright infringement under the DMCA. For further information regarding such notifications, see https://www.uberisp.com/legal. UBER ISP's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Registered Copyright Agent

333 Tamiami Trail S Suite 389

Venice, Florida, 34285

E-mail: copyright@uberisp.com

Due to the substantial volume of notifications of claimed infringement that UBER ISP receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or an email address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d).

UBER ISP also provides transitory digital network communications services, pursuant to 17 USC § 512(a). In connection with such services, UBER ISP provides an online form that copyright holders should use to send notifications related to alleged copyright infringement by its users based on the Automated Copyright Notice System (ANCS) standards. Copyright holders should use this online form to submit complaints related to alleged peer-to-peer file sharing (i.e., sharing media files via peer-to-peer networking technology) or other forms of copyright notice other than those sent pursuant to Sections 512(b)–(d) of the DMCA ("ISP Conduit Notices"). By submitting complaints using this online form, we are able to manage and process ISP Conduit Notices more efficiently. Due to the substantial volume of copyright notices that UBER ISP receives, we are unable to guarantee the processing of ISP Conduit Notices that are sent by other means. Copyright holders can access UBER ISP's online form at https://uberisp.com/copyright. Please note that copyright holders must complete all fields in the online form before submitting.

Contact Information:

Customers are responsible for ensuring that their contact information on file with UBER ISP is current and accurate. Any notification that UBER ISP sends to its Customers regarding this Acceptable Use Policy (AUP) will be sent via e-mail to the e-mail address on file with UBER ISP or in writing to the Customer's address on record. It is the Customer's responsibility to promptly notify UBER ISP of any change in contact information to ensure that they receive any necessary notifications regarding their use of the IP Services in accordance with this AUP. 

I. DMCA Copyright Notifications.

UBER ISP will process notifications of claimed infringement under subsections 512(b), (c), and (d) of the Digital Millennium Copyright Act ("DMCA" found at 17 U.S.C. § 512). All such notifications must meet the requirements of DMCA subsection 512(c)(3), including providing all required information as outlined in the said section. In addition, notifications with respect to the activity described in DMCA subsection 512(b) must meet the requirements of subsection 512(b)(2)(E) if applicable, and notifications with respect to the activity described in DMCA subsection 512(d) must meet the requirements of subsection 512(d)(3).

UBER ISP's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Registered Copyright Agent

333 Tamiami Trail S Suite 389

Venice, Florida, 34285

E-mail: copyright@uberisp.com

Due to the substantial volume of notifications of claimed infringement that UBER ISP receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d). For guidance on sending other types of copyright notices to UBER ISP, including claims related to alleged peer-to-peer file sharing (i.e., sharing media files via peer-to-peer networking technology), please refer to the appropriate section of this document. 

Under the DMCA, UBER ISP is required to take action upon receiving a valid notification of claimed copyright infringement. This notification must be provided in writing to UBER ISP's designated agent, as listed above, and must include the following information:

A. A physical or electronic signature of the owner or an authorized representative of the copyrighted work that is allegedly infringed.

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

C. Identification of the material that is claimed to be infringing and information that will allow UBER ISP to locate the material.

D. Contact information for the complaining party, including an address, telephone number, and, if available, an email address.

E. A statement that the complaining party has a good faith belief that the use of the material in question 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 or authorized representative of the copyrighted work that is allegedly infringed.

Upon receipt of a valid notification, UBER ISP will remove or disable access to the infringing material and, for notices provided under DMCA subsection 512(c)(1)(C), will take reasonable steps to forward the notification to the Subscriber and notify them that access to the material has been removed or disabled.

II. DMCA Counter Notifications.

A Subscriber may provide a counter-notification to a notification provided under DMCA subsection 512(c)(1)(C) by providing a written communication to UBER ISP's designated agent (identified above) that includes the following: 

A. A physical or electronic signature of the Subscriber.

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 Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

D. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which UBER ISP may be found, and that the Subscriber 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.

Upon receipt of an appropriate written counter-notification from the Subscriber, as described above, UBER ISP will provide the person who provided the notification under DMCA subsection 512(c)(1)(C) with a copy of the counter-notification and inform such person that UBER ISP will replace the removed material or cease disabling access to it within ten(10) business days. Thereafter, UBER ISP will replace the removed material and cease disabling access to it no later than 14 business days following receipt of the counter-notification unless UBER ISP's designated agent first receives notice from the person who provided the notification under DMCA subsection 512(c)(1)(C) that such person has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on UBER ISP's system or network.

III. ISP Conduit Notices.

UBER ISP provides transitory digital network communications services in accordance with 17 U.S.C. § 512(a). To facilitate the handling of copyright infringement complaints related to these services, UBER ISP has established an online form for copyright holders to use when submitting complaints related to alleged peer-to-peer file sharing or other forms of copyright infringement that do not fall under Sections 512(b)–(d) of the DMCA (referred to as "ISP Conduit Notices"). By using this online form, UBER ISP can efficiently manage and process the large volume of ISP Conduit Notices it receives. However, UBER ISP cannot guarantee the processing of ISP Conduit Notices submitted through other means. Users can access the online form at www.uberisp.com/copyright, and it is important to note that all required fields in the form should be completed before submission.