Acceptable Use Policy

Arrival Telecom, Inc., Redline Phone, Inc., and related businesses
(herein collectively called "ArrivalTel") reserves the right to take whatever actions we deem appropriate
to enforce these policies. We also reserve the right to change these
policies without prior notice at any time. The actions we take may include
account suspension or termination. We do not issue any credits for accounts
cancelled due to policy violations. We reserve the right to refuse service
to anyone at any time for any reason.

ArrivalTel reserves the right to take whatever measures it deems necessary
to secure its networks and clients against abuse. This includes, but
is not limited to: scanning for open mail relays, virus filtering, etc.
Policy will apply to any activity which affects or mentions an ArrivalTel
account, user, network, or server.

ArrivalTel reserves the right to take legal action against anyone who
abuses our network, servers, or services. Fees may also be levied at
$50 per incident and $100 per hour to help cover systems administration
costs related to an incident.

All subscribers are expected to read and abide by ArrivalTel's Service Agreement

since, "Use of Arrival Tel's services by you as a company and/or an individual constitutes
acceptance of these Terms and Conditions in full."

Billing
ArrivalTel bills for all services in advance. Non-Dedicated accounts are suspended
7 days after their due date if payment is not made. Invoices are sent
via either postal mail or email, depending on customer preference; this
can be changed at any time. ArrivalTel notifies clients an account is
due on three separate occasions:
  1. with the original invoice (typically 7 days before account comes due)
  2. the day the account is due
  3. the day before the account will be suspended
ArrivalTel accepts all
forms of payment: cash, checks, and credit cards (Mastercard, Visa, American
Express,Discover). Any Dedicated account that is 30 days past due will
be levied a servic echarge of 1-1/2% per month. If an account is referred
to collections, the customer agrees to pay any collection costs incurred,
including attorney's fees, filing fees and court costs. If Dedicated
account clients have anyquestions about billing, they can review their
contract and SLA or contact our Corporate Client manager. ArrivalTel clients
are bound by the Uniform Consumer Credit Code of the State of Utah. Payments by any dedicated or colocation client indicate full acceptance and understanding of your obligation, at invoiced service levels, under the terms and conditions of the Master Service Agreement.
Bounced check or credit card payments
There will be a $10 fee assessed on all returned check or credit card
invoices.
Refund / Account termination
Any customer terminated account is subject to refund for the balance due minus
a $10 processing fee. This fee will be credited one time to clients
who later return to ArrivalTel. Accounts cancelled by ArrivalTel for policy
violation are NOT subject to refund and penalty fees may apply.
Purged Accounts
After 45 days of non-payment ArrivalTel accounts are purged from the system.
That means that any and all information in the client directory is purged,
including email, Web, FTP, and any extraneous files located on ArrivalTel.
ArrivalTel does not keep archives of purged accounts.
Password
Clients are responsible for periodically changing their ArrivalTel passwords.
If a customer wishes, they can keep their password indefinitely but
clients are solely responsible for security of their account--not ArrivalTel.
Limits for Individual subscribers (Dial-up and DSL)
ArrivalTel Individual subscribers are allowed only one dial-up or DSL connection per
account.
If you need multiple dial-up or DSL connections, we strongly recommend purchasing
additional accounts. We can arrange billing so that the primary account is billed for all
additional accounts.
Non-dedicated Residential Dial-up accounts are meant to be available for "unlimited
access," meaning "access on demand rather than a dedicated connection." Any subscriber
who needs more than this may need to purchase additional services. With dial-up, this
means you cannot keep your connection up indefinitely.
Abuse and violation of the rules will result in one warning, then termination without
refund if the problem persists.
Server Services on DSL and Residential UTOPIA
ArrivalTel allows DSL and UTOPIA subscribers to run and maintain their own servers. Dial-up clients should not use their connection for constantly connected server services. Clients can run server services on their DSL and Residential UTOPIA lines but we cannot guarantee performance since DSL and Residential UTOPIA is sold and marketed as a best-effort end user product and is non-SLA product unlike our dedicated and colocation services. If the client needs server services on a regular basis we highly recommend use of a dedicated or colocation account which come with a 100% Service Level Agreement.
Mail and WWW forwarding options
Subscribers moving to a new Internet Service Provider are recommended
to continue their accounts on ArrivalTel for an additional month beyond
transfer of information to the new ISP for forwarding purposes. If you
need your site to forward longer simply pay for the amount of time you
need your mail and WWW pages forwarded. Subscribers who are transferring
their account from ArrivalTel to another provider outside of Utah can
have their service forwarded for 3 months at no cost, but only by special
arrangement by contacting help@arrivaltel.com.
This service is granted on a case by case basis.
IP Address Assignment
Unless otherwise stated, IP addresses assigned by ArrivalTel are not portable
to other Internet Service Providers, or networks outside of ArrivalTel.
Addresses are assigned for the term of the customer's subscription to
ArrivalTel. Once that subscription ends, the addresses may be reassigned
to other ArrivalTel clients Independently assigned networks through ARIN
can be routed by ArrivalTel upon connection to the ArrivalTel network and
transferred with ease to other ISPs and networks outside of ArrivalTel.
Appropriate Use of Accounts
Aside from specific features and services outlined elsewhere, ArrivalTel
accounts can use their web space to sell and advertise their products
or services. However, ArrivalTel has a strict spam
policy which prohibits unsolicited bulk communications (i.e.,
email/fax/paging/news).
Parental control and censorship
ArrivalTel provides a content proxy filter designed for pre-teens that can help children
avoid accidentally happening upon Web sites that might be considered
inappropriate. This service can only be enabled after reading our disclaimer.
ArrivalTel encourages parents to take an active role in their child's
Internet experience. Many resources are available to help parents do
just this.
Customer Web Site Content
ArrivalTel does not control or monitor the content of subscribers to our
service. Anyone who has a problem with a web site on our service must FIRST
contact the site owner. If no response is received, we can try to contact
the owner to inform them that we have been contacted, but that is the
extent of our helpfulness on the matter.
Illegal and/or damaging activity
Any Internet activity which references back to ArrivalTel or its services in
a damaging manner will result in suspension or termination of your account(s).
Illegal Internet activity using or referencing to ArrivalTel or an ArrivalTel
account will result in immediate termination, possible prosecution,
and liability for any legal fees accrued.
Malicious Activities By ArrivalTel Subscribers
ArrivalTel clients shall not intentionally: disrupt network activity; attack
machines within ArrivalTel's network or anywhere on the Internet; capture
the private data of others; or engage in any other activity deemed malicious
or harmful to others. ArrivalTel Systems Administrators reserve the right
to determine if any activity meets these criteria.
Clients found to be in violation of this policy may have their accounts
terminated or suspended immediately and without notice. Violators may
alsobe reported to appropriate law enforcement officials.
Copyright Infringement
ArrivalTel does not condone copyright infringement. We do not,
however, needlessly invade our clients' privacy without notice and
reasonable suspicion of wrongdoing. ArrivalTel's Designated Agent for
notice of any claimed infringement, as provided for under the U.S.

DMCA, is:

Chris Brown
Arrival Telecom, Inc.
770 E Main St., Suite 150

Lehi, UT 84043

Phone: 801-990-3990
Fax: 801-268-0200

Abuse ResponseEmail:
In order for ArrivalTel to review your claim, you must:
  1. Identify the copyrighted work allegedly infringed
  2. Identify the material which you claim is infringing
  3. Provide your name, address, telephone number and email address
In addition, the notification must be signed by an authorized person,
and state a good faith belief that the material is infringing, as well
as that the information contained in the notice is accurate. In turn,
ArrivalTel will investigate any legitimate complaints, and will take
remedial measures where required by law.
ArrivalTel Spam Policy (i.e., Unsolicited Email/Fax/Pages/News)
To both aid in the fight against spam, and to keep our mailservers off Internet blacklists, ArrivalTel has a zero tolerance policy in regards to clients sending unsolicited (email/fax/pages/news) messages. Specifically, if we receive complaints about bulk email you send, your account will be cancelled if you cannot prove the recipient requested bulk email from you.
Use of ArrivalTel services, or addresses, to send unsolicited communications will result in the IMMEDIATE termination of your account, and possibly legal action and the collection of fees at $50 per incident and $100 per hour. Communications of this nature sent from other networks but referencing services hosted on ArrivalTel's networks will also result in account termination. While bulk email is the primary concern, ArrivalTel's Spam policy applies to all other forms of bulk communications.
  1. Since ArrivalTel cannot monitor every message that our customers send, we determine that email is unsolicited if we receive "spam complaints" about customer email. In other words, if recipients consider email you send as unsolicited then we generally will consider it spam too. Therefore, all efforts should be made on your part to only email those who have requested your communications. As well, you cannot include email addresses that were acquired from "partners."
  2. To best avoid spam complaints, and to get a complaint waived, we strongly recommend that anyone who sends bulk email use the "double opt-in" method to confirm recipients indeed want to receive bulk email from you. If someone doesn't want email from you, and never confirmed they wanted your email, there is a good chance they will report you as a spammer.
  3. By "double opt-in" we mean:

    An individual must ask to be added to your list and then reply to a confirmation email you send immediately to their email address. The initial request can simply come from them checking a box when they purchase something from you or signing up to be a member with your organization. Only people who respond to the confirmation email saying they want to be on your list should receive bulk email from you. This confirmation must use an authentication scheme that prevents recipients from being signed up for lists by anyone other than themselves. Note that most corporations use the double opt-in method.

  4. If we receive complaints about email, the sender of bulk email must be able to prove that the recipient contacted the sender to request that such messages be received in advance of the bulk mailing. The best way to do this is by using the double opt-in method.
  5. To prove that customers did request to receive emails, ArrivalTel requires clients who send bulk email to maintain a database that contains the following information about the recipient list:
    • Date and time of the recipient's request to be added to your list
    • IP address that the customer made the request from, (if applicable).

    Upon request, the sender of bulk email must be able to provide both ArrivalTel and the recipient with the above information within one business day.

  6. 5) Unsubscribe information should be clearly readable in every message that is sent out. The sender of the list must act upon all unsubscribe requests within one business day. All unsubscribe requests must also be processed before additional mailings are sent out.
Software and Software Usage
ArrivalTel reserves the right to remove any illegal or potentially damaging software
stored on its network/system.
ArrivalTel reserves the right to control what software may be run on our
network and/or servers. Such software includes, but is not limited to,
software intended to harass or annoy, IRC bots, Usenet "Spam" scanners, or bulk mailing software.
ArrivalTel allows clients to run, maintain, and create CGI scripts (and
other non-dedicated processes) on ArrivalTel machines. Should a client's
process run out of control and consume resources in such a way as to
cause degradation of the ArrivalTel network, the process will be halted
by an employee of ArrivalTel. This halting will be followed by an email
asking you to overhaul the problem code to work properly before you
attempt to run it again. Any testing of new code should be implemented
during standard daytime business hours to allow for proper monitoring.
Repeated failure to run proper code can result in the loss of your CGI
and processor privileges. ArrivalTel consultation fees may also be required
to resolve issues with your code in extreme cases. Please remember that
ArrivalTel's machines are shared resources and our systems administrators
must ensure that they function properly for our entire subscriber base.
Software usage may be disallowed for any subscriber installed program
forwhich source code is not available on request for review by
ArrivalTel's technical staff.
Maintenance Policy
All scheduled systems maintenance will be performed during approved maintenance window times. Maintenance will be approved by your manager in advance.
Critical systems refers to: electrical infrastructure, core routers/switches, core servers (e.g., mail, web hosting, etc)
Approved maintenance window times:
  • For critical systems: between midnight-6am on Sat/Sun/Mon mornings
  • For non-critical systems: outside of business hours, preferably between 10pm-7am
  • Maintenance windows cannot be scheduled for holidays or other times where staff are not readily available to help with systems/phones if anything goes wrong
Best practices rules of thumb regarding maintenance policies:
  • Maintenance should include any task that could aversely affect customers that you can.t readily undo if something goes wrong.
  • Maintenance performed on critical systems should include a discussion and review with peers in advance to reduce the chances of error.
  • We can look in Cacti to see when low-usage points occur.
  • Since it is nearly impossible to write a definition of .maintenance. that will encompass all possible situations, we should evaluate the nature of each situation to determine how to appropriately handle it.
  • If a service is critical enough that it would (or could) generate a page to oncall, it.s more than likely service impacting.
Client Premise Equipment and Software Usage
You may provide at your own expense, your own physical equipment and/or software products that are not provided by ArrivalTel. You are responsible for obtaining, installing, and servicing your own equipment and software, and for ensuring that such equipment and/or software is compatible with the service provided by ArrivalTel. You remain liable for payments to ArrivalTel under your service agreement even if your equipment and/or software impair your use of ArrivalTel services. ArrivalTel will not be responsible if any changes in hardware, software, or services cause your equipment and/or software to become obsolete, or to require modification or alteration. If you request, ArrivalTel may provide technical services or consulting services for an additional fee. Such services will be billed to you at the rates in effect at the time such services are requested. ArrivalTel has the right to refuse any such technical or consulting services at its sole discretion.
Upgrading a Dedicated or Colocate Service Account
Clients may upgrade their minimum increment level at any time. Generally a call to ArrivalTel during standard business hours allows the client to upgrade accounts within half an hour or by the next business day. This can also be accomplished by email sent to help@arrivaltel.com. Most incremental upgrades have no additional setup fees once the inital setup fee has been paid. Client will be billed for the new service fee based on the contract schedule.
Downgrading a Dedicated or Colocate Service Accounts
Downgrades can be requested although they require approval from ArrivalTel otherwise existing contract terms apply. Any approved downgrade requires a new contract. Conditions of current client agreement are outlined in the "Term and Termination" paragraph of the Master Service Agreement. Requests to downgrade must be submitted via fax or postal mail only. Please contact help@arrivaltel.com for assistance. Account downgrades cannot be used to lessen early termination penalty fees. Termination fees are based on the highest bandwidth and RMU service levels paid for on the account in the last 90 days.
Colocate Rack Space Modifications and Billing Adjustments
Clients adding or removing their equipment from ArrivalTel colocation
rack space must provide written notice to help@arrivaltel.com
regarding the change. Clients who do not provide written notice and
a rack space audit shows that additional rack space (RMU) has been used
will have their account billed back to the beginning of the contract
term. Additionally, if you remove equipment and lessen the footprint
of your colocate, ArrivalTel will not automatically adjust your account
fees until such time as you provide written notice of the modification.
We will verify the changes and adjust your bill accordingly. Adding
or removing hardware affects the footprint portion of your service and
your monthly bill. ArrivalTel charges a minimum $35 RMU fee for any colocation account. Please be sure to notify help@arrivaltel.com
of any changes to avoid surprises on future invoices.
Colocation Peripherals
Attached peripherals are allowed only if the following guidelines are followed. Please note, it is at
ArrivalTel's discretion to allow attached devices. In many instances, attached devices may require their
own RMU purchase.
  • Each powered device is billed standard power costs of $15 p/mo per power source.
  • Any attached device may not extent beyond the 19" width or standard rack depth. (28" maximum depth)
  • Peripherals may not hang vertically or occupy space outside the purchased RMU.
  • Peripherals may not hinder access by other clients to their colocated gear or create safety concerns.
  • Peripherals may only be attached using non-conductive materials such as plastic zip ties. No metal.
  • Peripherals are not to be tied or hung to the back of server(s) or to ArrivalTel property.
Colocate Facility Access Restrictions For Late Payment
Colocation clients with payment past due by 30 days or more will have their
access rights disabled. The only way to access your machine will be
during standard business hours with an ArrivalTel employee escorting you
to your machine(s). While the account is in default clients are forbidden
from removing equipment from the Colocation facility. Automated access
will not be re-activated until the billing is resolved.