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Barnes & Noble NOOK User Guide 117
Customers are responsible for avoiding the prohibited activities and strictly following the AUP terms set forth herein.
AUP Coverage
The AT&T Acceptable Use Policy (“AUP”) applies to the services that provide (or include) access to the Internet,
services provided over the Internet, and Hosting services (collectively “IP Services”). Customer is responsible for the
actions of others who may be using the IP Service(s) under Customer’s account. It is Customer’s obligation to take
whatever measures are necessary to protect access to Customer’s account (e.g., to keep the access password se-
cure). If a Customer or its User(s) violate the AUP, AT&T may, depending on the nature and severity of the violation,
suspend or terminate service, as specified below.
Customer may have access through the AT&T network(s) and Service(s) to search engines, subscription web services,
chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to
govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.
AT&T is aware that some of its Customers are, themselves, providers of Internet based services, and that informa-
tion reaching AT&T network(s) or facilities from those Customers may have originated from the AT&T Customer or
from another third-party. AT&T reserves the right to take action against AT&T Customer and directly against such
Customers’ subscribers, even though the AT&T’s corrective action may aect other non-oending subscribers of the
AT&T Customer.
AUP Enforcement and Notice
Customer’s failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from
a warning to a suspension of privileges or termination of your Service(s). AT&T reserves the right, but does not as-
sume the obligation, to strictly enforce the AUP. When feasible, AT&T may provide Customer with notice of an AUP
violation via e-mail or otherwise and demand that such violation is immediately corrected.
However, AT&T reserves the right to act immediately and without notice to suspend or terminate IP Service(s) in
response to a court order or other legal requirement that certain conduct should be stopped or when AT&T de-
termines, in its sole discretion, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any
other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T’s network(s) or facili-
ties, (3) interfere with another person’s use of AT&T’s IP Service(s) or the Internet, or (4) otherwise present a risk of
harm to AT&T or AT&T Customers or other parties AT&T interconnects with.
AT&T’s decisions with respect to interpretation of the AUP and appropriate remedial actions are final and deter-
mined by AT&T in its sole discretion. AT&T may refer potential violations of law(s) to the proper authorities, may
cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when
required to do so by law, subpoena, or when the public safety is at stake. AT&T assumes no obligation to inform you
that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
AT&T does not, as an ordinary practice, proactively monitor the activities of those who use its IP Service(s) or exer-
cise any editorial control over any material transmitted, hosted or posted using IP Services to ensure that its Cus-
tomers comply with the AUP and/or the law, although it reserves the right to do so. If AT&T is alerted to violations
or potential violations of this AUP, AT&T will take whatever measures it deems necessary and appropriate to stop
or prevent such violations including the actions described in this AUP. For example, AT&T may in its sole discretion
refuse to transmit, screen, or editing content prior to delivery of the IP Service(s), block access to certain categories
of numbers or certain sites as AT&T determines needed to enforce these policies.
If your Service is suspended or terminated for any AUP violation, you must get written approval from the AT&T
Abuse Team (outside of the normal ordering process) prior to reactivating or ordering new service. In any case,
AT&T may, in its discretion, decline to reinstate your Service. If AT&T approves you for reinstatement or new service,
set-up fees, reactivation fees or deposits may apply. If AT&T discovers that you have renewed Service, or ordered
new Service, following termination for an AUP violation without the prior written consent of the AT&T abuse team,