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Community Broadband
541-504-6600
PO BOX 1595
Redmond, OR 97756
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Acceptable Use Policy
This document's contents were last modified June 19, 2006
INTRODUCTION
Community Broadband provides a variety of Internet, Phone and
Networking services (the "Services") to its residential
customers (the 'Subscribers"). The Services use resources that
are shared with many other users throughout the Internet. Each Subscriber
benefits by being able to share resources and communicate with other
users through the Services. However, as with any community, the
benefits and privileges of the Services must be balanced with duties
and responsibilities so that all users can have a productive experience.
This Acceptable Use Policy (the "Policy") is designed
to help protect Community Broadband, Subscribers, and the Internet
community in general from irresponsible or, in some cases, illegal
activities.
By using the Services, Subscribers consent to be bound by the terms
of this Policy, which may be updated at any time, effective upon
posting at http://communitybroadband.com.
This Policy should be read in conjunction with our Terms
of Service, Privacy
Policy and all other posted policies. Each Subscriber and those
who access some of the Services through a Subscriber's account,
but do not have accounts ("Visitors"), are responsible
for ensuring that the use of all Services complies with this Policy.
Any violation of this Policy, or any policy posted at http://communitybroadband.com,
or use of the Service for any other illegal activity is subject
to immediate termination of service without notice. Any subscriber
who does not agree to be bound by these terms should immediately
terminate use of the services and notify the customer service
department at 541-504-6600.
VIOLATIONS OF COMMUNITY BROADBAND'S ACCEPTABLE USE POLICY
The following is a non-exclusive list of actions prohibited
by Community Broadband, and discussed in further detail following
this Section:
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Using the Services for any activity that
violates any local, state, federal or International law, order
or regulation.
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Using the Services to make available, to
the general public, any material (by email, publishing, uploading,
posting or otherwise) which is inappropriate, profane, obscene,
indecent, pornographic, libelous, harassing, constitutes a threat
or encourages bodily harm or destruction of property, or otherwise
unlawful.
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Using the Services to make fraudulent offers
to buy or sell products, items, or services or to advance any
type of financial/soliciting scams including, but not limited
to: "pyramid schemes," "Ponzi schemes,"
"mail bombing," and "chain letters."
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Using the Services to transmit, distribute,
store or access any material (by email, publishing, uploading,
posting or otherwise) that infringes copyright, trademark, patent,
trade secret or other proprietary rights of any third party.
You assume all risks regarding the determination of whether
material is in the public domain.
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Any fraudulent activities including impersonating
any person or entity or forging anyone else's digital or manual
signature.
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Disrupting or interfering with the Services
in any way, including through the uploading of files which contain
viruses, worms, "Trojan horses," or other software
or programs that may be damaging to the Services or another
user's computer.
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Using the Services to transmit, or to facilitate
the transmission of any unsolicited commercial email or unsolicited
bulk email.
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Using the Services to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt
to penetrate, security measures of Community Broadband's 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.
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Using the Services to collect, or attempt
to collect, personal information about third parties without
their knowledge or consent.
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Reselling the Services without Community Broadband's
authorization.
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Using the Services for any activity that
adversely affects the ability of other people or systems to
use the Services or the Internet.
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Using "residential" or "home"
Services for high volume or commercial use. Residential and
Home Services are intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, games, and browsing
the World Wide Web. Subscribers may stay connected so long as
they are actively using that connection for the above purposes,
and Community Broadband maintains the right to terminate any
Subscriber's connection or email account(s) following any extended
period of inactivity as determined by Community Broadband.
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Using the Services for excessive posting
or cross-posting of the same or substantially similar messages,
or binary files to newsgroups not specifically named for that
purpose, or flooding or disruption of Usenet newsgroups. Using
the Services to perform chat "flooding", using the
Services to connect to chat servers or channels from which they
have been previously banned, or forging, altering, or obscuring
your identity while participating in chat sessions.
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Use of Community Broadband email service,
web space, or any other Community Broadband product or service
in violation of any terms of this Policy.
SECURITY
The Services may not be used to breach the security of another
user or to attempt to gain access to any other person's computer,
software or data, without the knowledge and consent of such person.
The Services also may not be used in any 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 networks. Use or distribution of tools designed for compromising
security, such as password guessing programs, cracking tools,
packet sniffers or network probing tools, is similarly prohibited.
You may not attempt to disrupt the Services. The Services also
may not be used to interfere with computer networking or telecommunications
services to any user, host or network, including, without limitation,
denial of service attacks, flooding of a network, overloading
a service, improper seizing and abuse of operator privileges and
attempts to "crash" a host. The transmission or dissemination
of any information or software that contains a virus or other
harmful feature also is prohibited. You are solely responsible
for the security of any device you choose to connect to the Services,
including any data stored on that device.
INAPPROPRIATE CONTENT
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 local laws, regulations
and other rules. For example, it is possible to obtain access
to content that is pornographic or offensive, particularly for
children. Community Broadband cannot 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 Services,
and Community Broadband 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. You are solely responsible
for any information that you publish on the web or other Internet
services. You must ensure that the content is only made available
to appropriate recipients. Community Broadband has no obligation to monitor
transmissions made on the Services. Community Broadband reserves the right
to monitor any Subscriber's transmissions. Community Broadband may remove,
or refuse to post, any information or materials, in whole or in
part, that Community Broadband, in its sole discretion, deems to be offensive,
indecent, or otherwise inappropriate regardless of whether such
material or its dissemination is unlawful. By using the Services
to reproduce, publish, display, transmit and distribute content,
a Subscriber is warranting that the content complies with this
Policy, and authorizing Community Broadband to reproduce, publish, display,
transmit and distribute such content as necessary for Community Broadband to
deliver the content in a timely manner.
ELECTRONIC MAIL (EMAIL)
The Services may not be used to send unsolicited bulk messages.
This includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests, petitions
for signature and political or religious messages. You may not
reference Community Broadband (e.g. by including "Organization:
Community Broadband" in the header or by listing an IP address
that belongs to Community Broadband) in any unsolicited email
even if that email is not sent through the Services. "Mail
bombing" is prohibited. That is, you may not send numerous
copies of the same or substantially similar messages, nor may
you send very large messages or files to a recipient with the
intent to disrupt a server or account. Community Broadband is
not responsible for the forwarding of email sent to any account
that has been suspended or terminated. Such email will be returned
to sender, ignored, deleted or stored temporarily at Community
Broadband's sole discretion.
NEWSGROUPS
Messages posted to newsgroups must comply with the written
charters or FAQs for those newsgroups. Advertisements, solicitations,
or other commercial messages should be posted only in those newsgroups
whose charters or FAQs explicitly permit them. You are responsible
for determining the policies of a given newsgroup before posting
to it. Posting or cross-posting the same or substantially similar
messages to more than eight newsgroups is prohibited. Binary files
may not be posted to newsgroups not specifically named for that
purpose. Subscribers posting binary files to groups with policies
concerning the permissible daily volume of posted files are required
to observe those limitations. A Subscriber may not attempt to
"flood" or disrupt Usenet newsgroups. Disruption is
defined as posting a large number of messages to a newsgroup,
which contain no substantive content, to the extent that normal
discussion in the group is significantly hindered. Examples of
disruptive activities include, but are not limited to, posting
multiple messages with no text in the body, or posting many follow-ups
to messages with no new text. Messages may not be canceled, except
by the author or by official newsgroup moderators performing their
duties. The Usenet news service included with the Services is
provided for interactive use by the Subscriber, using a commonly
available NNTP client such as Netscape Communicator. Community Broadband reserves
the right to discontinue access to any Usenet newsgroup at any
time for any reason.
INTERNET RELAY CHAT
The Services may be used to participate in "chat"
discussions. These discussions may be hosted by Community Broadband servers,
by third party servers, or may not involve any servers at all.
In all cases, Community Broadband does not normally monitor the contents of
the discussions and is not liable for the contents of any communications
made via Internet chat. The Services may not be used to perform
chat "flooding". Flooding is defined as deliberately
repeating actions in quick succession in order to fill the screens
of other Internet users with text. Any computer or other device
connected through the Services may not maintain more than two
simultaneous chat connections. This includes the use of automated
programs, such as "bots" or "clones" Automated
programs may not be used when the account holder is not physically
present at the device. A Subscriber may not use the Services to
connect to chat servers or channels from which they been previously
banned or indicated non-receipt. Forging, altering, or obscuring
your identify (other than using a nickname from which Community Broadband could,
if necessary, determine your real name) while participating in
chat sessions is forbidden.
USE OF WEB SPACE
As part of the Services, Community Broadband may provide storage
space and access for web pages through its web space / web hosting
service. You are solely responsible for any information that you
publish on web space provided to you by Community Broadband. Community
Broadband will not routinely monitor the contents of your personal
web space. You must ensure that the content published on your
personal web space is only made available to appropriate recipients.
Community Broadband reserves the right to monitor your web space
and remove or refuse to post any content, in whole or in part,
that it determines to be inappropriate. Community Broadband also
reserves the right to remove your web space and terminate your
web space service if Community Broadband determines that you have
violated the terms of the Policy, bandwidth, data storage and
other limitations. You must comply with the current bandwidth,
data storage and other limitations on the Services. Subscribers
must ensure that their activity does not properly restrict, inhibit,
or degrade any other Subscriber's use of the Services, nor represent
(in the sole judgment of Community Broadband) an unusually large
burden on the network itself. In addition, Subscribers must ensure
that their activity does not improperly restrict, inhibit, disrupt,
degrade or impede Community Broadband's ability to deliver the
Services and monitor the Services, backbone, network nodes, and/or
other network services. Subscribers may not resell, share, or
otherwise distribute the Services or any portion thereof to any
third party without the written consent of Community Broadband.
For example, you cannot provide Internet access to others through
a dial-up connection, host shell accounts over the Internet, provide
email or news service, or send a news feed.
SUSPENSION OR TERMINATION
Community Broadband takes no responsibility for any material
created or accessible through the Services. Community Broadband
is not obligated to monitor or exercise editorial control over
such material for violation of this Policy, but reserves the right
to do so. In the event that Community Broadband becomes aware
that any such material may violate this Policy or expose Community
Broadband to civil or criminal liability, Community Broadband
reserves the right to block access to such material and suspend
or terminate any Subscriber creating, storing or disseminating
such material. Community Broadband further reserves the right
to cooperate with legal authorities and third parties in the investigation
of alleged wrongdoing, including disclosing the identity of the
subscriber that Community Broadband deems responsible for the
wrongdoing. Any Subscriber that Community Broadband determines
to have violated any element of this Policy may be subject to
a suspension or termination of service, and if Community Broadband
deems it necessary, immediate suspension or termination of such
Subscriber's service without notice. Community Broadband may take
such further action as it determines to be appropriate under the
circumstances to eliminate or preclude repeat violations. Community
Broadband shall not be liable for any damages of any nature suffered
by any Subscriber, user, or any third party resulting in whole
or in part from Community Broadband's exercise of its rights under
this Policy. The above-described actions are not Community Broadband's
exclusive remedies and Community Broadband may take any other
legal or technical action it deems appropriate. The failure of
Community Broadband to enforce the 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 the 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. The Policy shall be exclusively
governed by, and construed in accordance with, the laws of the
State of Oregon. In the event of a conflict between any subscriber
agreement and the Policy, the terms of the Policy will govern.
Questions regarding the Policy and complaints of violations of
the Policy by Subscribers can be directed to Community Broadband
at 541-504-6600 or to support@communitybroadband.com.
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