The Peak 10 Acceptable Use Policy can be found at http://www.peak10.com. Peak 10 has strict policies on the use of our service. These policies are in place to protect our customers foremost, but also to protect other Internet users and Peak 10 itself. Violations on these policies can lead to notifications, suspension or even termination from Peak 10.

NOTIFICATION OF ALLEGED VIOLATION - If Peak 10 learns of a violation of this Policy, Peak 10 will respond to the applicable offender and may, in Peak 10’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

• Warning the offender;
• Suspending the offending Customer from the Services;
• Terminating the offending Customer from the Services;
• Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
• Removing the offending content or service; and
• Taking other action in accordance with this Policy, the applicable service contract or applicable law

PEAK 10 IMMEDIATE SUSPENSION PENALTY - Peak 10 provides an Internet connection for business use. Service suspension and termination incidents are defined as follows:

• Excessive Use Policy – Use of Peak 10 Services in accordance with any download or capacity limits stated in the specific plan that has been subscribed to for the use of those Services. Peak 10 may limit, suspend or terminate your Services if you unreasonably exceed such limits or excessively use the capacity or resources of the Peak 10 Network in a manner which may hinder or prevent Peak 10 from providing services to other customers or which may pose a threat to the integrity of the Peak 10 Network or systems.
• Peak 10 Hacking Authority- Unauthorized access attempts - Attempting to gain unauthorized access into another computer is a violation of the Peak 10 Acceptable Use Policy. Unauthorized attempted access includes (but is not limited to) exploiting application vulnerabilities, port scanning, Trojan/virus connection attempts, or password cracking. This type of activity is in violation of the Peak 10 Acceptable Use Policy and may result in permanent termination of your service.
• Hacking/Denial of Service attacks - Any attempt to stop a target machine from communicating on the Internet or from allowing communication from the Internet to the target machine is considered a violation of the Peak 10 Acceptable Use Policy and may result in permanent termination of your service. These attempts include (but are not limited to) ICMP floods, SYN Floods, Smurf attacks, or Land attacks.
• Distribution of copyrighted material - A copyright is an intangible property right in original material created by an author. Examples of copyrighted material include software, music, images, or multimedia works. Copyrighted works also include any original expression, which appears on someone's homepage or is transmitted in a newsgroup or by e-mail. Typically, it consists of music (MP3s), movies (MPEG, AVI, and Divx), software (warez), or original art.
• Digital Millennium Copyright Act (DMCA) - When Peak 10 is notified of copyright infringement, we are obligated under an Act of Congress called the Digital Millennium Copyright Act (DMCA) to take action. Peak 10 does not actively seek out copyright violations; however, there are groups that represent artists and other copyright holders that do. The Recording Industry Associating of America (RIAA) actively looks for copyrighted music such as MP3s. Universal Studios actively looks for movies such as DVDs or Divx. There are also software owners and artists that look for this material themselves.
• Posting - It is also a violation of the Peak 10 Acceptable Use Policy to post copyrighted material to any public bulletin board or newsgroup. The same conditions and responsibilities apply to posting copyright material that applies to serving copyright material.
• Spam - Spam is any information that the recipient did not explicitly consent to receive. There are ways to market on the Internet that do not entail the sending of unsolicited e-mail.
• Electronic Mail Suspension Authority:
  • IP Forgery- The initiator (and the agents or assigns of the initiator) intentionally initiates the transmission of any solicited or unsolicited electronic mail message to a recipient with knowledge that any domain name, header information, date or time stamp, originating electronic mail address, or other information identifying the initiator or the routing of such message, that is contained in or accompanies such message, is false or inaccurate.
  • Fraudulent/Misleading Activity- The initiator (and the agents or assigns of the initiator), during any portion of investigation of incidents regarding unsolicited electronic mail messages by Peak 10 authorized personnel, fails to communicate and/or fully cooperation with Peak 10 staff or attempts to alter or impede investigations of fraudulent activity regarding solicited or unsolicited electronic mail.
  • Malicious Intent- The initiator (and the agents or assigns of the initiator) fails to adhere to set policies and standards for the distribution of solicited or unsolicited electronic mail.
  • Open Relay - Open relay exists when a machine has an e-mail server mis-configured to allow anyone on the Internet to use it as an outgoing mail server. This potentially allows someone to Spam anonymously through the mis-configured machine, anonymously harass someone, or even anonymously threaten someone's life.
  • Mail Bombing - Mail bombing refers to sending hundreds of thousands of e-mails to a single recipient. In effect, this can deny the recipient from downloading his or her mail, fill up a POP mail drop, or fill up the recipient's hard drive. A customer that mail bombs is subject to suspension or termination from Peak 10.