Broadstripe AUP

Introduction

BROADSTRIPE HIGH SPEED INTERNET ACCESS, AND ITS VARIOUS OTHER SERVICES, (together, "Service"), IS OFFERED SUBJECT TO THE FOLLOWING TERMS GOVERNING THE USE OF THE SERVICE AND RELATED SYSTEMS. PLEASE READ THROUGHLY AND BECOME FAMILIAR WITH OUR ACCEPTABLE USE POLICY. BY USING BROADSTRIPE INTERNET ACCESS YOU AGREE TO PAY ALL APPLICABLE FEES, ABIDE BY AND BE BOUND TO THESE RULES AND TO REFRAIN FROM ANY OF THE PROHIBITED ACTIVITIES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY STOP THE USE OF THE SERVICE AND NOTIFY BROADSTRIPE SO THAT YOUR ACCOUNT MAY BE CLOSED. IF YOU HAVE ANY QUESTIONS ABOUT ANY PART OF THIS ACCEPTABLE USE POLICY ("AUP" OR "Policy") OR YOUR SUBSCRIBER AGREEMENT, PLEASE CONTACT US WITH YOUR CONCERN/ISSUE.

THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY INDIVIDUAL, ENTITY OR BUSINESS ORGANIZATION THAT SUBSCRIBES TO THE SERVICE. BROADSTRIPE RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE CUSTOMER'S ACCOUNT WITHOUT NOTICE, IF CUSTOMER OR OTHERS WHO USE CUSTOMER'S ACCOUNT VIOLATE THIS AUP, AS DETERMINED BY BROADSTRIPE IN ITS SOLE DISCRETION. BROADSTRIPE ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT BROADSTRIPE'S SOLE DISCRETION WITHOUT PRIOR NOTICE.

  1. USE
    A) BROADSTRIPE INTERNET RESIDENTIAL SERVICES
    BROADSTRIPE INTERNET RESIDENTIAL SERVICES are designed for personal and family use within a single household, to provide access to the resources on the Internet. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term ‘single household' means the Customer's home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer may not resell or distribute the Service outside Customer's household either wirelessly or by any other method or technology. The Service is being provided solely for use in Customer's household and any unauthorized access by a third party to e-mail, Internet access, host web pages, or any other function of the Service relieves Broadstripe of any affirmative obligations it may have, and is in violation of this Policy.

    Customer may set up one (1) web page per account for personal use using the Service, but Customer may not establish a web page using a server located at Customer's home. Customer will not use, nor allow others to use, Customer's home computer or home network as a web server, FTP server, file server or game server or to run any other server applications. Customer will not use, nor allow others to use, the Service to operate any type of business or commercial enterprise. Customer will not advertise that the Service is available for use by third parties or unauthorized users. Customer will not connect multiple computers behind the cable modem to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy or an applicable Service plan. Customer will not distribute programs that remove locks or time-outs built into software (cracks). Customer will not participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity. Customer will not violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

    Broadstripe reserves the right to disconnect or reclassify the Service to a different grade for failure to comply with any portion of this provision or this Policy, and Customer will be responsible for any additional charges associated with such different grade of Service. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Service. Broadstripe is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Broadstripe's sole discretion. In the event that Broadstripe believes, in its sole discretion, that any subscriber name, account name, or e-mail 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, Broadstripe (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, Broadstripe may at any time reserve any identifiers on the Service for Broadstripe's own purposes.

    B) BROADSTRIPE COMMERCIAL INTERNET SERVICES
    BROADSTRIPE COMMERCIAL INTERNET SERVICES are designed for use by single small-sized businesses including small offices-home offices. Customer will not resell or redistribute, nor allow others to, resell or redistribute access to the Service in any manner. Except as expressly provided in any contract for service, the prohibition on resale or redistribution of access includes, but is not limited to hosting applications such as the provision of e-mail, FTP and Telnet access. Customer may not resell or distribute the Service outside Customer's business either wirelessly or by any other method or technology. The Service is being provided solely for use in Customer's business and any unauthorized access by a third party to e-mail, Internet access, host web pages, or any other function of the Service relieves Broadstripe of any affirmative obligations it may have, and is in violation of this Policy.

    Broadstripe reserves the right to disconnect or reclassify the Service to a different grade for failure to comply with any portion of this provision or this Policy and Customer shall be responsible for any additional charges associated with such different grade of service. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer's service.
  2. NO ILLEGAL OR FRAUDULENT USE
    Customer will not use, nor allow others to use the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children's Online Privacy Protection Act and Digital Millennium Copyright Act). Customer will not use, nor allow others to 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, make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, gambling, sending chain letters, anything to do with unlawful drugs, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes. Customers abusing the Service by hacking, attempting to hack, port probing, port scanning, attempting to exploit known security holes outside or within the Broadstripe network, unauthorized holding of an IP address or addresses, attempting to gain access to a restricted area (website or server) by means of password cracking, or in general, using the Service in a way that violates local, state, federal and/or international law is considered abuse of service and may result in suspension and/or termination of the Customer's service.
  3. FORGERIES OR IMPERSONATION
    Adding, removing, or modifying identifying network header information in an effort to deceive or mislead, impersonate another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission is prohibited. Attempting to impersonate any person by using forged headers or other identifying information of any electronic transmission, originating or passing through the Service is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed.
  4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
    Customer will not use, nor allow others to use, the Service to send or receive any material (by email, uploading, posting, or otherwise), 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 and distribution of music, movies, photographs, books, magazines or other copyrighted materials or software.

    Broadstripe is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Broadstripe if they believe that a Broadstripe customer has infringed the copyright owner's work(s). If Broadstripe receives a notice from a copyright owner alleging any Customer has committed copyright infringement, Broadstripe will take appropriate action as authorized by the DMCA, up to and including the suspension and/or termination of customer's service. If Broadstripe receives more than one notice alleging copyright infringement on Customer's part, Customer may be deemed a "repeat copyright offender." Broadstripe reserves the right to permanently terminate the account and to seek appropriate costs associated with the repeat offense including, but not limited to, attorney fees.
  5. NO THREATS OR HARASSMENT
    Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.
  6. NO HARM TO MINORS
    Customer will not use, nor allow others to use, the Service to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way. This includes but is not limited to the collection of information from children in violation of the 1998 Children's Online Privacy Protection Act, using the Service to send pornographic, obscene or profane materials.
  7. NO "SPAMMING"
    Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation ("spamming"). Broadstripe reserves the right, in Broadstripe's sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. Unsolicited e-mailings to users of our system and/or other systems, networks, or Internet Service Providers is not authorized. Commercial advertisements are not permitted in the Broadstripe local newsgroups or Bulletin Boards. IN ADDITION, IF ACTUAL DAMAGES CANNOT BE REASONABLY CALCULATED, YOU AGREE TO PAY BROADSTRIPE LIQUIDATED DAMAGES OF FIVE DOLLARS (U.S. $5.00) FOR EACH PIECE OF "SPAM" OR BULK E-MAIL TRANSMITTED FROM OR OTHERWISE CONNECTED WITH YOUR ACCOUNT. OTHERWISE YOU AGREE TO PAY BROADSTRIPE'S ACTUAL DAMAGES, TO THE EXTENT SUCH ACTUAL DAMAGES CAN BE REASONABLY CALCULATED.
  8. NO "HACKING" OR SYSTEM DISRUPTION
    Customer will not use, nor allow others to use, the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Broadstripe or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Any static IP address must be authorized and provisioned by Broadstripe. Security violations include but are not limited to:
    • attempts to compromise or gain unauthorized access to any other Internet account or unauthorized system
    • altering the header of e-mail messages that conceal your e-mail address or prevents recipients from responding
    • interfering with any user, system or network, including any denial of service attack
    • any use or distribution of tools designed for compromising security including cracking tools, network probing tools, packet sniffers, programs for guessing passwords or credit card numbers and any application that allows the remote control of another system without the knowledge of that systems operator.

It is the Customer's responsibility to ensure that their home network or computer(s) is configured in a secure manner. It is recommended that customers change their password for e-mail/shell activities every 60 days. A Customer may not, through action or inaction, allow others to use their network or access for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

Any user whose activities disrupt or damage system function will be financially liable for system administration costs incurred in repairing the affected systems.

9.       NO ABUSE OF NEWSGROUPS
Customer will not, nor allow others to, post a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.

10.   NO EXCESSIVE USE OF BANDWIDTH
If Broadstripe determines, in Broadstripe's sole discretion, that Customer is using an excessive amount of bandwidth over the Broadstripe network infrastructure for Internet access or other functions using public network resources, we may terminate Customer's account at any time and without notice, or require Customer to upgrade Customer's service level and pay additional fees in accordance with our then-current, applicable, published rates for such service to continue service.

11.   NO "VIRUSES"
Customer will not use, nor allow others to use, the Service to transmit computer "viruses," "worms", "Trojan horses" or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software.

12.   INSTANT MESSAGES
Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. Broadstripe assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.

  1. ENFORCEMENT
    Broadstripe reserves the right to suspend, block or cancel access to any and all Services when, in our judgment and sole discretion, an account may have violated this AUP. Broadstripe, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP:
    • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violation
    • Bill the Customer for administrative costs and/or reactivation charges.
    • Terminate the Customer's account.
    • Suspend the Customer's account.
    • Suspend the Customer's newsgroup posting privileges.
    • Issue written or verbal warnings.

14.   BLOCKED PORTS FOR RESIDENTIAL SERVICE
Broadstripe reserves the right to block, restrict or limit certain services or ports that it deems reasonable and necessary to maintain or improve network performance for the majority of users and to protect users from virus and worm intrusions.

15.   REVISIONS TO POLICY
Broadstripe 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 the policy. Notice of modifications to this Policy may be given by posting such changes to Broadstripe's homepage (www.broadstripe.com), by electronic mail or by conventional mail.

16.   INDEMNIFICATION
You agree to indemnify, defend and hold harmless Broadstripe and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or of any other posted Broadstripe policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.

17.   NO WAIVER
The failure of Broadstripe or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

18.   HOW TO CONTACT US
For any questions regarding this Acceptable Use Agreement or the Broadstripe Subscriber Agreement, billing or other, please contact Broadstripe at one of the following:
E-MAIL: visit http://www.broadstripe.com and check under the state where you live for the "contact us" tab for the appropriate email address for your issue
PHONE: see your invoice or visit http://www.broadstripe.com and check under the state where you live for "contact us" tab for the appropriate phone number
U.S. MAIL: see your invoice or visit http://www.broadstripe.com and check under the state where you live for "contact us" tab for the appropriate address

Acceptable Use Policy, Version 1.1