COVERAGE OF THIS POLICY
The following terms and conditions ("Policy") apply to your use of and access to the Cellular One-owned or operated networks as well as any electronic transmission sent, received, posted, accessed, or stored via those networks including, without limitation, wireless web, voice, data, and messaging services; and Internet services (collectively, the "Network"). In this Policy, Cellular One and affiliates are collectively referred to as "Company." By using or accessing the Network, you agree with this Policy. Certain products or services offered through the Network may have additional terms and conditions, which govern in the event of any inconsistency with this Policy.
Cellular One's goal is to provide its customers with the best Internet service possible. In order to help accomplish this, Cellular One has adopted this Acceptable Use Policy For Cellular One Internet (the “Policy”). This Policy is in addition to any restrictions or conditions contained in the Cellular One Residential High Speed Internet Service Agreement, and the Cellular One Business High Speed Internet Service Agreement (the “Agreements”) both available at www.cellularoneonline.com. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Agreement.
All Cellular One Internet customers (the “customer,” “user,” “you,” or “your”) and all others who use the Service described in the Agreement must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their Service accounts. Therefore, you should take steps to ensure that others you permit to use your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify Cellular One so that it can close your account.
If you do not wish to be bound by this Policy, you should not access, subscribe to, or otherwise use the Network. Company may modify this Policy at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at www.cellularoneonline.com.
Customers of the Service should read any Cellular One announcements they receive and regularly visit the Cellular One Website and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it, atwww.cellularoneonline.com to report child exploitation or another child-related incident involving the Internet, go to www.cellularoneonline.com.
I. PROHIBITED USES AND ACTIVITIES
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Cellular One Equipment, either individually or in combination with one another.
You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are libelous, defamatory, invasive of another person’s privacy, obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes, or incites bigotry, hatred, or racism, or might be legally actionable for any reason, or hurts minors in any way; (c) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (d) to intentionally or unintentionally violate any applicable local, provincial, state, national, or international law, including, but not limited to, rules, orders, and regulations having the force of law; (e) to attempt to access or access the accounts of others, to spoof or attempt to spoof the URL or DNS address, or to attempt to penetrate or to penetrate Cellular One’s security measures or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (f) to bombard individuals or newsgroups with uninvited communications, data, or information, or other similar activities, including but not limited to "spamming," "flaming," or denial or distributed denial of service attacks; (g) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with, or redirect email intended for third parties using the Service; (h) to introduce viruses, worms, harmful code, and/or Trojan horses on the Internet; (i) to post information on newsgroups which is not in the topic area of the newsgroup; (j) to interfere with another person's usage or enjoyment of the Internet or this Service; (k) to post or transmit information or communications that are defamatory, fraudulent, obscene, or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (l) to damage the name or reputation of Cellular One or their affiliates or subsidiaries, or any third parties; (m) to transmit confidential or proprietary information, except solely at your own risk; (n) to violate Cellular One’s or any third party's copyright, trademark, proprietary, or other intellectual property rights, including, without limitation, trade secret rights; (o) to generate excessive amounts (as determined in Cellular One’s sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (p) to engage in activities designed to or having the effect of degrading or denying Service to other Users (including, without limitation, activities that compromise a server, router, circuit, or software); (q) to use any name or mark of Cellular One or their respective parents, affiliates or subsidiaries as a hypertext link to any Website or in any advertising publicity or other commercial manner; (r) to use the Service for the purpose of operating a server of any type; (s) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (t) to cause the screen to "scroll" faster than other Users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (u) to use the Service to disrupt the normal flow of online dialogue; (v) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (w) to attempt to subvert, or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (x) to impersonate any person or using a false name while using the Service; (y) to install "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (z) to make false or unverified complaints against any other user of the Service, or otherwise abusing any of our complaint response procedures; (aa) to export software or any information in violation of U.S. export laws; or (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen.
Notice Regarding Child Pornography
Cellular One takes its commitment to protect children from exploitation over the Internet extremely seriously. Cellular One works with law enforcement agencies on this important project. Cellular One further commits that all complaints received shall be investigated promptly, generally within three (3) business days or less. No Cellular One facilities, equipment or services may be used in any fashion for the transmission or dissemination of images containing child pornography.
Because of evolving societal and legal standards, it can be difficult to determine when content is objectionable. While not an exhaustive list, the following are some types of content that are likely to be troublesome and deserve closer scrutiny if associated with a proposed business relationship or content offering:
- Mature and Adult Entertainment. This type of content can generate considerable controversy, even if legal, non-pornographic, and widely available in print format, including such things as frank relationship and sex advice, and suggestive or prurient images and stories.
- Violent Content, Games and Video. The effect of violence on children is much debated, and controversy can be created if minors are allowed to access violent content without parental approval.
- Services Without Value to Customers. Examples include psychic advice and other personal services that many consumers and law enforcement agencies believe are harmful or misleading.
- Services Targeted to the Disadvantaged. 900 pay-per-call service(s) used inappropriately, unethically and/or fraudulently to sell goods and services, which may not be suited, proprietary, or delivered.
- Harmful to Company, its Users or the General Public. Examples include directions on how to make bomb, hack systems, etc.
- Gambling and Sweepstakes. Gambling is illegal in many states, and closely regulated in all states. Similarly, sweepstakes are subject to complex rules and are frequently scrutinized closely by consumer protection and law enforcement officials.
- Do not access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so.
- Do not use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited.
- Do not copy, distribute, or sublicense any proprietary software provided in connection with the Service by Cellular One or any third party, except that you may make one copy of each software program for back-up purposes only.
- Do not distribute programs that make unauthorized changes to software (cracks).
- Do not use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers.
- Do not use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use.
- Do not service, alter, modify, or tamper with the Cellular One Equipment or Service or permit any other person to do the same who is not authorized by Cellular One.
- Do not use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting).
- Do not use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit).
- Do not restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature.
- Do not impede others' ability to use, send, or retrieve information.
- Do not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Cellular One (or Cellular One supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Cellular One (or Cellular One supplier) facilities used to deliver the Service.
- Do not resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of Cellular One-provided WiFi service in accordance with its then-current terms and policies.
- Do not connect the Cellular One Equipment to any computer outside of your Premises.
- Do not interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
- Do not access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the Dynamic Host Configuration Protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.
II. CUSTOMER CONDUCT AND FEATURES OF THE SERVICE
You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as a friend, family member, or guest) with one exception: In cases where you permit others to access your Cellular One-provided, WiFi-identified Internet Service with their own login information, those users are responsible for complying with all then-current terms and policies that apply to their access.
Cellular One recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Cellular One and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
In all cases, you are solely responsible for the security of any device you connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Cellular One that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
Inappropriate Content and Transmissions
Cellular One reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Cellular One's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Cellular One nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Features as defined below) made on the Service. However, Cellular One and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the High Speed Internet Service Agreement, and applicable law.
Requirements Applicable to Electronic Mail
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, Cellular One uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
Cellular One is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. Cellular One is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Cellular One's sole discretion. If you cancel or terminate your Service account for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.
If Cellular One believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Cellular One (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Cellular One may at any time reserve any identifiers on the Service for its own purposes.
Requirements Applicable to Instant, Video, and Audio Messages
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Cellular One assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. If you cancel or terminate your Service account for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
Requirements Applicable to Personal Web Pages and File Storage
As part of the Service, Cellular One may provide access to personal web pages and storage space through personal web pages and online storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Cellular One reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this Policy. For purposes of this Policy, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, and logos), executable programs and scripts, video recordings, and audio recordings. Cellular One may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if we determine that you have violated the terms of this Policy.
Customer’s Responsibility for Security
Cellular One uses resources that are shared with many other subscribers. Further, Cellular One provides access to the Internet, a public network, which is used by millions of other users. Information (personal or otherwise) transmitted over such public network necessarily may be subject to interception, eavesdropping or misappropriation by unauthorized parties. You agree to take reasonable measures to protect the security of computers capable of accessing the Service through your account, including, without limitation, maintaining, at your sole cost and expense, an up-to-date version of anti-virus and/or firewall software to protect your computer from malicious code, programs or other internal components (such as a computer virus, computer worm, computer time bomb or similar component). You expressly agree that if your computer becomes infected and causes any of the prohibited activities listed in the Policies, Cellular One may immediately suspend the Service until such time as your computer is sufficiently protected to prevent further prohibited activities. Without limitation to any of Cellular One’s other rights or remedies at law, in equity, under contract or otherwise (all of which are hereby expressly reserved), you will be fully liable for all monthly prices, fees and charges under this Agreement during any such period of suspension. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Cellular One will not be liable for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to Customer’s failure to take appropriate security measures.
III. NETWORK MANAGEMENT
Cellular One manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Cellular One works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. Cellular One tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to Cellular One. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Cellular One does. If the company didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, Cellular One can deliver the best possible broadband Internet experience to all of its customers.
Cellular One uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the High Speed Internet Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Cellular One may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
V. VIOLATION OF THIS ACCEPTABLE USE POLICY
Cellular One reserves the right immediately to suspend or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the High Speed Internet Service Agreement, or if anyone else you permit to access the Service violates this Policy.
Cellular One does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with Section IV of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Cellular One has no obligation to monitor the Service and/or the network. Cellular One and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Cellular One users.
Cellular One prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Cellular One also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Cellular One's intervention. However, if the Service is used in a way that Cellular One or its suppliers, in their sole discretion, believe violates this Policy, Cellular One or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Cellular One, its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Cellular One's exclusive remedies and Cellular One may take any other legal or technical actions it deems appropriate with or without notice.
Cellular One reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on Cellular One's servers and network. During an investigation, Cellular One may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Cellular One and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Cellular One is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).
Cellular One is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or access, share or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Cellular One participates in the Copyright Alerts System, and also complies with the Digital Millennium Copyright Act. You may receive notice if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Cellular One's authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (“DMCA”). Upon Cellular One's receipt of a satisfactory notice of claimed infringement for these works, Cellular One will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Cellular One will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Customer shall hold Cellular One harmless for any improper use of copyrighted materials accessed through Cellular One’s Internet Service. Cellular One bears no responsibility for, and Customer agrees to assume all risks regarding, the altercation, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. If Cellular One receives notice under that Customer has allegedly infringed the intellectual property rights of a third party, as stated in the Digital Millennium Copyright Act, Cellular One will have the right to take down or disable access to the allegedly infringing material.