Acceptable Use Policy (AUP)
This Acceptable Use Policy (hereinafter “AUP”) details the Uses Admitted and Actions Prohibited by Telefónica de Argentina S.A. (Telefónica”) regarding the use of its Internet services and related equipment. It is part of your full agreement as a Telefónica customer and/or user of services provided by Telefónica, who retains the right to modify this AUP at any time it may deem it necessary. It shall be released to the public on the Company’s web site http://www.telefonica.com.ar/pua and it is the sole responsibility of customers and users to consult the AUP regularly.
In the event of a violation of the AUP or of any of the terms provided for by the Legal Terms of Service whether by customers and/or their users, Telefónica retains the right to immediately suspend the Service, and notify the Customer that it is to correct the cause behind the fault so that Service might be reestablished. Were the Customer not to correct the fault within seven (7) calendar days, or if it did but the event were to repeat itself, either situation would entitle Telefónica to immediately rescind the Customer relationship, and the Customer shall be held liable for any damages that might be due to Telefónica.
The purpose of the AUP set out by Telefónica is to protect Telefónica, its customers, the Internet community and more widely any third party from irresponsible and/or illegal activities against their best interests by customers and users.
Prohibited Uses of Telefónica’s Systems and Services:
1. The Telefónica network can only be used for lawful purposes. It is expressly prohibited to use, post, reproduce, transmit and distribute any product protected by copyright, trade-mark or non-trade-mark, software licenses, trade secrets, patent or other intellectual property without the appropriate written authorization of the corresponding authors and owners of the Works, as well as to publish and distribute any products that are obscene, defamatory or that might prove threatening or contrary to the mores and customs and/or in violation of the rights of any person protected by character, privacy, reputation and other regulations and/or in general violation or discredit of third party individual or fundamental rights.
2. Sending of unsolicited mail messages through Telefónica's Servers, regardless of the nature of its content (advertising, propaganda, sales, information, etc.) to individuals who did not specifically request such material (“e-mail spam”).
3. Sending of bulk mail, regardless of the nature of its content (advertising, propaganda, sales, information, etc.) whether those bulk mails were specifically requested by those individuals or not; bulk mail is understood to be e-mails incoming into or outgoing from Telefónica’s resources, that include over 150 individuals per hour in their “To”, “CC” or “BCC” fields (addressee, carbon copy or blind carbon copy) and/or 500 addressees in a day. As far as Telefónica is concerned, any included text notifying that the addressee can be removed from the distribution list, or that the message is being sent on a “one-time” basis does not prevent it from being considered a Spam.
Exception: Telefónica may determine the enabling of individual customers and e-mail accounts in excess of these limitations, upon the specific request of such customers, insofar as the message sent complies with all the remaining terms provided for in this document..
4. Likewise, customers must observe national regulations and Antispam policies that Telefónica will notify to them through different means, or publish on the Telefónica website; Spam is understood as defined in points 2 and 3 of this document.
5. Sending of unconfirmed mailing lists: Subscribing e-mail addresses to any mailing list without the express and verifiable permission of the e-mail address owner. All mailing lists run by Telefónica customers must be Confirmed Opt-in (Closed-loop), which means that the subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
6. All e-mails sent through or triggered by Telefónica servers may not:
a. Use or include forged or invalid header information.
b. Use or include invalid or non-existent domain names (the only valid domains are those provided to the customer by Telefónica).
c. Use any technique that may in any way misrepresent, confuse and/or suppress any information that enables the identification of the source or transmission route.
d. Use other deceitful means of sending messages.
e. Use a third party Internet domain name, or transmit from or through a third party’s installation, without that third party’s authorization.
f. Include false or deceitful information in the header subject line or by any other means.
7. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, for example, the facilitation of the means to send Unsolicited Bulk E-mail, mail-bombing, forging of mail accounts, pinging attacks etc.
8. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in any of the Antispam Agency databases, such as the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org
9. Any attempt to intercept a system with the purpose of obtaining information on IP address ranges, DNS servers and mail servers; performing any port scanning technique; performing enumeration tasks aimed at identifying network resources, user accounts and/or running applications; performing any sort of automated password "divination” processes; or in general any attempt to know, take over, damage, interfere, disclose or destroy information held in other operator and/or systems and/or gain access to any account, resource or computer without the owner’s authorization.
10. Obtaining or attempting to obtain service through any means or device with the purpose of avoiding payment of the services provided by Telefónica.
11. Unauthorized access, alteration, destruction or any attempt thereof, of any information on Telefónica’s customers or final users, through any means or device.
12. Using Telefónica’s services to interfere in the use of Telefónica’s network by its customers and authorized users.
Customer responsibility over its own users and equipment
Every Telefónica customer is responsible for the computer actions performed by its users, whether by the direct use of and/or through its connection and, upon acceptance of the service provided by Telefónica, automatically agrees and engages in assuring that the final users of the connection will abide by these policies and make use of Telefónica's services and equipment in accordance with the AUP. In this regard, all customers will hold Telefónica fully harmless and agree to indemnify Telefónica for any claim or demand by any third party, arising out of any act and/or oversight by its customers and/or users constituting an breach of the AUP. All complaints or claims by a Telefónica customer regarding actions by customers or final users, as well as issues or claims regarding electronic mail abuse, Spam, illegal use, or system or network security, etc, should be forwarded to: firstname.lastname@example.org / email@example.com, for Telefónica to take the necessary measures as appropriate. The message must contain all information available to the customer that might prove useful to the adequate investigation of the case, including all headers.
Data security of customer equipments against intruders, viruses, hackers, etc. is that customer’s sole responsibility. Telefónica recommends the use of Antispam and Firewall programs further to any other current and updated software or hardware in avoidance of these attacks.
In the event of any violation of Telefónica’s Acceptable Use Policy, Telefónica retains the right to suspend customer service and/or take any measures it deems necessary to prevent further violation of the AUP, without prior notice.