NITCO High Speed Internet Access Service Acceptable Use Policy Last modified: January 1, 2018
Important Note: NITCO may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the NITCO ’s Web site at www.nitcotv.com. Accordingly, users of the NITCO residential services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this policy, the terms of this policy will govern. Questions regarding this policy can be directed to email@example.com . Complaints of violations of this policy by NITCO users can be directed to firstname.lastname@example.org.
NITCO provides a variety of Internet services to residences and businesses (the “Services”). The NITCO residential service allows subscribers to connect to the Internet through a high-speed Internet access connection. The Services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the Services therefore is subject to the rules and guidelines set forth below. Each customer of NITCO is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE NITCO CUSTOMER SERVICE DEPARTMENT SO THAT THE USER’S ACCOUNT MAY BE CLOSED.
- PROHIBITED USES AND ACTIVITIES
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or impede NITCO from providing the Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Services, customer-provided equipment, or NITCO -provided equipment, either individually or in combination with one another, to:
Conduct and information restrictions
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be indecent, pornographic, harassing, threatening, hateful, or intimidating;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as “spam;”
- send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- 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;
- collect responses from unsolicited bulk messages;
- falsify, alter, or remove message headers;
- falsify references to NITCO or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
- violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;
- 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;
- use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- distribute programs that make unauthorized changes to software (cracks);
- 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, e-mail, Web hosting, file sharing, and proxy services and servers;
- 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;
- service, alter, modify, or tamper with NITCO Equipment or Service or permit any other person to do the same who is not authorized by NITCO;
Network and Usage Restrictions
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any NITCO host, server, backbone network, node or service, or otherwise cause a performance degradation to any NITCO facilities used to deliver the Service;
- resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, though Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
- connect the NITCO Equipment to any computer outside of your Premises;
- 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;
- 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; and
- engage in Excessive Use, as defined below.
- CUSTOMER CONDUCT AND FEATURES OF THE SERVICE
What are your obligations under this Policy?
You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you should take steps to ensure that others do not gain unauthorized access to the Services and ensure that users you have authorized do not engage in any of the “Prohibited Uses and Activities” identified above. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, NITCO recommends against enabling file or printer sharing of any sort. NITCO recommends that any files or services you do choose to make available for remote access be protected with a strong password, personal firewall or as otherwise appropriate.
How Does NITCO address inappropriate content and transmissions?
There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly to children. NITCO does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and NITCO shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. NITCO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. NITCO does not have any obligation to monitor transmissions made on the Services. However, NITCO does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing NITCO to reproduce, publish, display, transmit and distribute such content as necessary for NITCO to deliver the content in a timely manner.
What requirements apply to Electronic Mail?
The Services may not be used to or distribute e-mail or other forms of communications in violation of the “Prohibited Uses and Activities” described above. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Services. You may not create a username or email address that, in the sole judgment of NITCO, is pornographic, patently offensive or misleading. You may not reference the NITCO network (e.g., by including “Organization: NITCO ” in the header or by listing an IP address that belongs to the NITCO network) in any unsolicited email even if that email is not sent through the NITCO network. In the event that NITCO 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, NITCO (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. NITCO may at any time reserve any identifiers on the Service for NITCO’s own purposes. NITCO is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at NITCO’s sole discretion. NITCO is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. In addition, NITCO may suspend or delete a NITCO email address after three (3) months of inactivity or other evidence of non-use.
What requirements apply 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. NITCO assumes no responsibility for the timeliness, mis-delivery or deletion of, or any failure to store, these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to personal web pages and file storage?
As part of the Services, NITCO provides storage space and access for web pages through its Personal Web Space service. You are solely responsible for any information that you publish on your Personal Web Space You must ensure that the intended recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. NITCO reserves the right to remove or refuse to post any information or materials, in whole or in part, that, in its sole discretion, NITCO deems to be in violation of this Policy. For purposes of this Policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. NITCO 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. NITCO will not routinely monitor the content of your Web Space; however, NITCO does have the right to monitor such content and if complaints are received regarding language, content or graphics contained on your web pages, NITCO may remove the web page hosted on NITCO servers and terminate your Personal Web Space service if NITCO determines that you have violated the terms of this Policy.
III. NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION AND DATA STORAGE
The NITCO network is designed for typical usage by a typical residential computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, file storage and other limitations on the Service. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of NITCO) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede NITCO’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services. NITCO is committed to ensuring each customer use their fair share in order to keep the Service as affordable as possible for all.
How does NITCO manage its Network?
NITCO uses several methods to manage speed and usage of the Service in order to provide the best experience for all customers. One way NITCO accomplishes this is by offering different service plan options that accommodate different levels of usage at different price points. NITCO also uses other tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber 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 e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting the availability of Extended Speeds to all customers during periods of high network congestion, and (iv) using other tools or techniques that NITCO may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.
How does NITCO track usage?
We collect data on customer traffic pattern usage through the use of traffic management software. NITCO reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
What is Excessive Use?
Excessive use means bandwidth or data usage that is significantly higher than typical residential usage for which our network is designed. Excessive users consume so much data that their usage could negatively impact the Service provided to other customers. Excessive Users demonstrate sustained usage patterns at high volumes over many hours. These patterns are consistent with unattended usage and create a costly burden on the network, especially during peak usage hours.
How does NITCO address Excessive Use or uncharacteristic use?
The NITCO residential service offering is a consumer product designed for personal use of the Internet. Therefore, if NITCO in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using the Service in a manner significantly uncharacteristic of a typical residential user, NITCO reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with NITCO’s then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by NITCO at its sole discretion to slow the user’s service for purposes of conserving bandwidth.
What activities may cause excessive bandwidth consumption and uncharacteristic use?
Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by NITCO or a third party. Usage uncharacteristic of a residential account includes factors such as sustained high usage day and evening, or numerous simultaneous connections.
What services are restricted to Residential service users?
The Service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the NITCO residential service, nor may you provide network services to others via the NITCO residential service. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums. For information about commercial Internet pricing, please call 1-800-621-2344
- VIOLATION OF THIS ACCEPTABLE USE POLICY
What happens if you violate this policy?
NITCO reserves the right to suspend without notice or terminate the Service and your Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement.
How does NITCO enforce this Policy?
NITCO does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although NITCO has no obligation to monitor the Services and/or the network, NITCO reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and NITCO users. NITCO prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which NITCO, in its sole but reasonable discretion, believes violate this Policy, NITCO may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. NITCO will not have any liability for any such responsive actions. The above described actions are not NITCO’s exclusive remedies and NITCO may take any other legal or technical action it deems appropriate. NITCO 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 on NITCO’s servers and network. During an investigation, NITCO may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize NITCO to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include NITCO providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, NITCO is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of NITCO to enforce this Policy, 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. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Indiana.
- MISCELLANEOUS PROVISIONS
NITCO strives to produce a high level of reliability, stability and security for our High Speed Internet Subscribers. The cable modem is a critical network element which we constantly evaluate for compatibility and performance. Due to technical limitations, changes to our network, discontinued support by manufacturers, regulatory obligations, or defects, certain cable modem models that previously were certified may be deemed to no longer be suitable for our network. If you own your modem and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase a new modem. NITCO’s support web site www.24hoursupport.com maintains a current list of certified modems for use on its network. NITCO reserves the right to upgrade, via software download and without subscriber notification, all cable modems currently connected to its network.
NITCO may choose to communicate with you regarding these policies using a variety of methods including email to your NITCO email address or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message or log into your NITCO account for more information.
Limitations of Liability
NITCO will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. NITCO reserves the right to interrupt the Service usually between the hours of 1am to 5am (MST or Local) for maintenance purposes. Also understand that NITCO has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond NITCO’s control. As to NITCO’s own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. While NITCO employs virus and spam checking software, the speed of new virus and spam creation is such that NITCO does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Service is at your own risk and the Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, NITCO, its parent company and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, NITCO’s liability to you for all potential claims will not exceed the total amount of service fees paid during the preceding three months. As to consumer customers, some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Service.