August 12, 2010
IN ORDER TO PROVIDE HIGH QUALITY USER SERVICE AND TO INSURE THE INTEGRITY OF ALLBAND INTERNET SERVICE, INCLUDING BUT NOT LIMITED TO ANY SERVICE FEATURES THAT MAY BE AVAILABLE (E.G., ELECTRONIC MAIL, PORTAL COMPONENTS, HOME NETWORKING, ETC.) AND ANY EQUIPMENT USED TO PROVIDE INTERNET SERVICE (COLLECTIVELY “SERVICE”), ALLBAND COMMUNICATIONS COOPERATIVE AND ALLBAND MULTIMEDIA (“ALLBAND”) HAS ADOPTED THIS ACCEPTABLE USE POLICY (“POLICY”). THIS POLICY, INCLUDING ITS USE RESTRICTIONS, IS IN ADDITION TO THE RESTRICTIONS CONTAINED IN THE TERMS AND CONDITIONS. THE INTENT OF THIS POLICY IS TO IDENTIFY CERTAIN TYPES OF USES THAT ARE NOT APPROPRIATE, BUT THIS POLICY DOES NOT NECESSARILY ENUMERATE ALL POSSIBLE INAPPROPRIATE USES. USING THE GUIDELINES GIVEN BELOW, ALLBAND MAY AT ANY TIME MAKE A DETERMINATION THAT A PARTICUALR USE IS NOT APPROPRIATE.
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD “USER” IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE OR ANY INDIVIDUAL THE SUBSCRIBER ALLOWS TO USE THE SERVICE. BY USING THE SERVICE, USER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. ALLBAND RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE USER’S ACCOUNT OR TO UNDERTAKE NETWORK MANAGEMENT ACTIONS DESCRIBED HEREIN WITHOUT NOTICE, AT ALLBAND’S SOLE DISCRETION, IF THE USER VIOLATES THIS ACCEPTABLE USE POLICY. ALLBAND ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT ALLBAND’S SOLE DISCRETION WITHOUT PRIOR NOTICE. BY USING THE SERVICE, USER AGREES TO ABIDE BY THE TERMS OF THIS POLICY. ALLBAND REGULARLY UPDATES AND AMENDS THIS POLICY AND USER SHOULD CONSULT ALLBAND’S WEBSITE TO BE SURE USER REMAINS IN COMPLIANCE. IF USER DOES NOT AGREE TO BE BOUND BY THESE TERMS, USER SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE ALLBAND USER SERVICE DEPARTMENT SO THAT USER’S ACCOUNT MAY BE CLOSED. USER’S CONTINUED USE OF THE SERVICE WILL CONSTITUTE USER’S ACCEPTANCE OF AND AGREMEENT TO THIS POLICY AND ANY POSTED AMENDMENTS TO THIS POLICY.
The Service is designed for business, personal and family use within a single household or business. USER agrees that only the USER and co-residents living in the same household will use the Service. The term ‘single household or business’ means the USER’s home or single place of business. Unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves Allband of any affirmative obligations it may have, and is in violation of this Policy and the Allband Terms and Conditions. USER is responsible for any misuse of the Service
that occurs through USER’s account whether by a member of USER’s household or an authorized or unauthorized third-party.
USER will not advertise that the Service is available for use by third parties or unauthorized users. USER will not resell or redistribute access to the Service in any manner, including but not limited to wireless technology.
Allband reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate Service for failure to comply with any portion of this provision or this Policy, without prior notice. Allband owns any and all email addresses associated with the Service, and reserves the right to reclaim any such email address at any time and for any reason. Any violation of this Policy may lead to prosecution under state and/or federal law.
2. NO ILLEGAL OR FRAUDULENT USE
USER will not use the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Children’s Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. USER will not use the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other items of value.
3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
USER will not use the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. USER must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. USER represents and warrants that USER is the author and copyright owner and/or authorized licensee with respect to any hosted content and USER further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Allband assumes no responsibility, and USER assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
Allband is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Allband if they believe that a Allband USER has infringed the copyright owner’s work(s). If Allband receives a notice from a copyright owner alleging any USER has committed copyright infringement, Allband will notify the USER of the alleged infringement. Allband may determine that USER is a repeat copyright infringer if Allband learns that USER has engaged in online copyright infringement on more than one occasion. Allband reserves the right to suspend or terminate the accounts of repeat copyright infringers.
4. NO THREATS, HARASSMENT OR TORTIOUS CONDUCT
USER will not use the Service to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise constitutes tortuous conduct.
5. NO HARM TO MINORS
USER will not use the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors.
6. NO “SPAMMING”
USER will not use the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation (“spamming”). Allband reserves the right, in Allband’s sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. Forging, altering, or removing electronic mail headers are prohibited. Deceiving any recipient as to the identity of the sender through any process is prohibited. USER may not reference Allband or the Allband network in any email in an attempt to mislead the recipient.
7. NO “HACKING”
USER will not use the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material. USER will not use tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. In addition, USER will not participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity.
8. NO SYSTEM DISRUPTION
USER will not use the Service to disrupt Allband’s network or computer equipment owned by Allband or other Allband USERs. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of the Service by others, sending or receiving excessive data transfers (as determined in Allband’s reasonable discretion) for the package or tier of service to which USER subscribes or modifying or altering in any manner any modem or modem configuration so as to allow its use beyond the parameters outlined by the specific level of service to which USER subscribes. Any static or dynamic IP address must be specifically authorized and provisioned by Allband. Altering any IP address provisioned by Allband or otherwise cloning another user’s IP address is prohibited. USER also agrees that USER will not use the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs. USER may not use bandwidth in excess of that associated with the package or tier of service to which USER subscribes.
In addition, USER will not alter, modify, service, or tamper with the Allband Equipment or Service or permit any other person to do the same who is not authorized by Allband.
USER is solely responsible for the security of any device connected to the Service, including any data stored on that device. Allband recommends that USER take appropriate security precautions for any systems connected to the Service. USER is responsible for securing any wireless (WiFi) networks connected to the Service.
10. NO IMPERSONATION OR FORGERY
USER will not impersonate another user, falsify one’s user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an email address that has the effect of being misleading. USER will not forge, alter, or remove any message header of any electronic transmission, originating or passing through the Service. USER will not forge anyone else’s digital or manual signature.
11. NO ABUSE OF NEWSGROUPS
12. USE OF CHAT ROOMS AND SIMILAR INTERACTIVE PROGRAMS
USER will not participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet (“Chat Rooms”) that USER or a person using USER’s service has been banned from using. USER will not violate the Acceptable Use Policy of the server or Chat Room. In addition, USER will not, or allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as “bots” or “clones” to participate in Chat Rooms unless USER is physically present at USER’s computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that USER is not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide USER’s identity.
13. NO EXCESSIVE USE OF BANDWIDTH
Excessive bandwidth is usage beyond a reasonable level for the service subscribed to. Allband reserves the right to revise usage limits or to implement additional usage limits. In the event residential usage exceeds subscribed limits USER will be notified and required to either limit USER’s bandwidth consumption to permitted levels/limits or subscribe to a Service with a higher monthly bandwidth limit if a higher limit subscription is available. In the event USER does not limit bandwidth consumption to permitted levels/limits after notice of the same, Allband may determine, in Allband’s sole discretion, that USER is using an excessive amount of bandwidth over the Allband network infrastructure for Internet access or other functions using public network resources, during any period of time, Allband may thereafter: (a) adjust, suspend or terminate USER’s account or Service at any time and without notice; or (b) require USER to upgrade USER’s service level and pay additional fees in accordance with Allband’s then-current, applicable rates for such Service; (c) cap USER’s usage or limit aggregate bandwidth available to USER; (d) implement prioritization of traffic; (e) implement protocol filtering; or (f) use any technology to be chosen by Allband at its sole discretion including, but not limited to, packet-reset and/or other packet management technology, to slow Service to USER for purposes of conserving bandwidth. Allband may also notify USER of excessive use and request USER to employ corrective or self-limiting actions to comply with this provision.
14. NO “VIRUSES”
USER will not use the Service to transmit computer “viruses,” worms, “Trojan horses,” denial of service attacks or other harmful software programs or information containing any lock, key, bomb, worm, cancelbot, or other harmful feature. USER will use standard practices to prevent the transmission of such viruses, or other harmful software and information. As software or other content downloaded from the Service may contain viruses, it is USER’s sole responsibility to take appropriate precautions to protect USER’s computer from damage to its software, files and data.
15. RIGHT TO MONITOR
Neither Allband nor any of its affiliates, suppliers, or agents has any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmission as well as materials available on the personal web pages and online storage features) made on the Service. However, Allband and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy including for purposes of management of the network and implementing limitation of bandwidth use and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.
16. OTHER SERVICE PROVIDERS’ ACCEPTABLE USE POLICIES
Allband obtains services from and relies upon many other entities to provide the Service to USER. Where USER accesses services of other entities through the Service, USER agrees to and shall abide by the publicized acceptable use policies of such other known entities.
17. NO WAIVER
The failure by Allband or its affiliates to enforce any provision of this POLICY shall not be construed as a waiver of any right to do so at any time.
18. REVISIONS TO POLICY
Allband reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to Allband’s homepage (www.Allband.org), by electronic mail or by conventional mail, and will be effective immediately upon posting or sending. USERs should regularly visit Allband’s website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or USER agreement and this Acceptable Use Policy, the terms of the Policy will govern. Questions regarding this Policy should be directed to info@Allband.org. Complaints of violations of it by Allband USERs can be directed to info@Allband.org.
Acceptable Use Policy, Effective August 2010.