CableSpeed Acceptable Use Policy (AUP)
Introduction
THE WORD CUSTOMER IS USED HEREIN TO REFER TO
ANY INDIVIDUAL, ENTITY OR BUSINESS ORGANIZATION THAT SUBSCRIBES
TO THE SERVICE. MILLENNIUM
DIGITAL MEDIA, HEREINAFTER REFERRED TO AS MDM, 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 MDM IN ITS SOLE DISCRETION. MDM ALSO
RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION
THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT MDM’S
SOLE DISCRETION WITHOUT PRIOR NOTICE. 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. NO ABUSE OF NEWSGROUPS NO EXCESSIVE USE OF BANDWIDTH NO “VIRUSES” INSTANT MESSAGES BLOCKED PORTS FOR RESIDENTIAL SERVICE REVISIONS TO POLICY INDEMNIFICATION NO WAIVER HOW TO CONTACT US Acceptable Use Policy, Version 1.1 Revised and effective: January 2004
Introduction
CABLESPEED 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 CABLESPEED 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 MILLENNIUM DIGITAL MEDIA 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.
A) CABLESPEED RESIDENTIAL SERVICES
MDM CABLESPEED 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 MDM 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.
MDM 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.
MDM 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 MDM's sole discretion. In the
event that MDM 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, MDM (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, MDM
may at any time reserve any identifiers on the Service for MDM’s own
purposes.
B) CABLESPEED COMMERCIAL INTERNET SERVICES
MDM CABLESPEED COMMERCIAL 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 MDM of any affirmative obligations it may have, and is in
violation of this Policy.
MDM 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.
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 CableSpeed 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.
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.
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.
MDM is registered under the Digital Millennium Copyright Act
of 1998 (DMCA). Under the DMCA, copyright owners have the right
to notify MDM if they believe
that a CableSpeed customer has infringed the copyright owner’s work(s).
If MDM receives a notice from a copyright owner alleging any Customer has
committed copyright infringement, MDM will take appropriate action as authorized
by the DMCA, up to and including the suspension and/or termination of customer’s
service. If MDM receives more than one notice alleging copyright infringement
on Customer’s part, Customer may be deemed a “repeat copyright
offender.” MDM 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.
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.
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.
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”).
MDM reserves the right, in MDM’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 MDM local newsgroups or Bulletin Boards. IN ADDITION,
IF ACTUAL DAMAGES CANNOT BE REASONABLY CALCULATED, YOU AGREE TO PAY MDM
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 MDM'S ACTUAL DAMAGES, TO THE EXTENT SUCH ACTUAL
DAMAGES CAN BE REASONABLY CALCULATED.
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 MDM 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 MDM. Security
violations include but are not limited to:
Any user whose activities disrupt or damage system function will be financially
liable for system administration costs incurred in repairing the affected
systems.
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.
If MDM determines, in MDM’s sole discretion, that Customer is using
an excessive amount of bandwidth over the MDM 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.
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.
Users alone are responsible for the contents of their instant messages
and the consequences of any instant messages. MDM assumes no responsibility
for the timeliness, mis-delivery, deletion or failure to store instant
messages.
MDM 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. MDM, 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:
MDM 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.
MDM 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 MDM’s homepage (www.mdm.net), by electronic mail or by conventional
mail.
You agree to indemnify, defend and hold harmless MDM
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 MDM policy related to the Service. Your
indemnification will survive any termination of the Subscriber
Agreement.
The failure of MDM 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.
For any questions regarding this Acceptable Use Agreement or the CableSpeed
Subscriber Agreement, billing or other, please contact MDM at one of
the following:
E-MAIL: visit http://www.mdm.net 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.mdm.net 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.mdm.net and
check under the state where you live for "contact us" tab
for the appropriate address
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