Advanced
Cable High-Speed Cable Internet Service
Terms of Service
(Acceptable
Use Policy)
Last modified: April
12
Important
Note: Advanced Cable Communications may revise this Terms of Service/ Acceptable
Use Policy from time to time without notice by posting a new version of this
document on the Advanced Cable Communications Website at www.advancedcable.net under Internet
Services. It is your responsibility to check for periodic changes. Your continued use of the service
following the posting of any revisions or additions to the Terms of
Service/Acceptable Use Policy (the “TOS”) constitutes acceptance of those
revised terms. In the event of a conflict between any subscriber agreement and
this policy, the terms of this policy will govern. Questions regarding this
policy and complaints of violations of this policy by Advanced Cable Internet
users can be directed to abuse@advancedcable.net .
Introduction
Advanced
Cable Communications
(the “Company”) provides a variety of Internet services to residences (the
"Services"). The Advanced Cable Internet residential service allows subscribers
to connect to the Company's high-speed backbone network and the
Internet. The
Services use resources that are shared with many other customers. Moreover, the
Services provide access to the Internet which is used by millions of other
users. Each user benefits by being able to share resources and communicate
almost effortlessly with other members of the user community. However, as with
any community, the benefits and privileges available from the Services, and the
Internet in general, must be balanced with duties and responsibilities so that
other users can also have a productive experience.Use
of the Services is subject to the following rules and guidelines. Each customer
of Advanced Cable Internet Service is responsible for ensuring that the use of
all Services provided to such customer complies with this Terms of
Service/Acceptable Use Policy (the "TOS"). ANY USER WHO DOES NOT AGREE TO BE
BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE
ADVANCED CABLE INTERNET SALES AND SUPPORT CENTER AT (954) 344-7100 SO THAT THE
USER'S ACCOUNT MAY BE CLOSED.
Illegal
Activity
The
use of the Services for any activity that violates any local, state, federal or
international law, order or regulation is a violation of this
Policy. Prohibited
activities include, but are not limited to:Posting
or disseminating material which is unlawful (such as child pornography or
obscene material).Disseminating
material which violates the copyright or other intellectual property rights of
others.
You assume all risks regarding the determination of whether material is in the
public domain.Pyramid
or other illegal soliciting schemes.Any
fraudulent activities, including impersonating any person or entity or forging
anyone else's digital or manual signature.
Security
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 must
take steps to ensure that others do not gain unauthorized access to the
Services. 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. They 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 prohibited. The
Services may not be used to collect, or attempt to collect, personal information
about third parties without their knowledge or consent. You
may not 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 which contains a virus or other harmful feature also
is prohibited. The Services may not be used to violate the rules, regulations,
or policies applicable to any network, server, computer database, or web site
that the Customer accesses. 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, Advanced Cable recommends against enabling file or
printer sharing of any sort. Advanced Cable recommends that any files or
services you do choose to make available for remote access be protected with a
strong password or as otherwise appropriate.
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 which is pornographic or offensive, particularly for children.
Advanced Cable Communications can assume no 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 Advanced Cable
Communications shall have no 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 that you publish on the web or other
Internet services, including but not limited to content posted in your Personal
WebSpace. You must ensure that any content that you
may disseminate is appropriate for its intended recipient(s). For example, you
must take proper precautions to prevent minors from receiving inappropriate
content. Advanced Cable 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. Advanced
Cable Communications has no obligation to monitor transmissions made on the
Services. However, you agree that Advanced Cable has the right to monitor such
transmissions electronically from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental request, to
operate the Service properly, or to protect itself or its
subscribers.By
using the Services to reproduce, publish, display, transmit and distribute
content, a user is warranting that any content that the user may reproduce,
publish, display, transmit, or distribute complies with this Policy. Through
these actions, a user also authorizes Advanced Cable to reproduce, publish,
display, transmit and distribute such content as necessary for Advanced Cable to
deliver the content in a timely manner.
No
Service Warranties
THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. ADVANCED
CABLE DOES NOT WARRANT THAT THE SERVICE (1) WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE OR (11) THAT ANY
You
understand further that, except for information, products or services clearly
identified as being supplied by Advanced Cable, Advanced Cable does not operate
or control any information, products or services on the Internet in any way. All
merchandise, information and services offered or made available or accessible
through the Service or on the Internet generally are offered or made available
or accessible by third parties who are not affiliated with Advanced Cable.
ADVANCED
CABLE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH REGARD TO ANY CONTENT OR SERVICE PROVIDED THROUGH THE
SERVICE, USE THEREOF OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. ADVANCED CABLE DOES
NOT WARRANT THAT ANY MERCHANDISE,
Limitation of
Liability
UNDER
NO CIRCUMSTANCES SHALL ADVANCED CABLE COMMUNICATIONS, ITS AFFILIATES,
SUBSIDIARIES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT IN
ANY WAY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET
OR ANY PART THEREOF OF YOUR RELIANCE ON OR USE OF
Indemnification
Upon
request of Advanced Cable, you further agree to defend, indemnify and hold
harmless Advanced Cable and its employees, agents, contractors, officers and
directors from any and all liabilities, claims costs and expenses, including
reasonable attorney’s fees, related to your use of Service or the Internet or to
any violation of this TOS by you.
Advanced Cable reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with Advanced Cable in asserting any
available defenses.
Electronic
Mail
The
Services may not be used to send unsolicited bulk or commercial messages. 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 it. 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. Activities that have the effect of facilitating
unsolicited commercial email or unsolicited bulk email whether or not that email
is commercial in nature, are
prohibited. Forging,
altering or removing electronic mail headers is prohibited.You
may not reference the Advanced Cable network (e.g. by including "Organization:
Advanced Cable" in the header or by listing an IP address that belongs to the
Advanced Cable network) in any unsolicited email even if that email is not sent
through the Advanced Cable network."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. The propagation of
chain letters is similarly prohibited, whether or not the recipient wishes to
receive such mailings.The
Advanced Cable network is not responsible for the forwarding of email sent to
any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored
temporarily at the Advanced Cable network's sole
discretion.
Messenger
Advanced
Cable does not, and cannot, monitor, censor or edit the contents of Users'
instant messages. Users alone are responsible for the contents of their instant
messages and the consequences of any such instant messages.You
agree that you will not use Messenger for chain letters, junk mail, "spamming",
solicitations (commercial or non-commercial) or any use of distribution lists to
any person who has not given specific permission to be included in such a
process. You further agree not to use Messenger to send any message or material
that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation.
Continuing to send messages to anyone that has expressly requested not to
receive messages from you is considered to be harassment.Advanced
Cable assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.
WebSpace
As
part of the Services, Advanced Cable provides storage space and access for web
pages through its Personal WebSpace service. You are
solely responsible for any information that you publish on your Personal WebSpace. 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. Advanced Cable reserves the
right to remove or refuse to post any information or
materials, in whole or in part, that they, in their sole discretion, deem to be
offensive, indecent, or otherwise inappropriate regardless of whether such
material or its dissemination is unlawful. This includes, but is not limited to:
obscene material; defamatory, fraudulent or deceptive statements; threatening,
intimidating or harassing statements, or material which violates the privacy
rights or property rights of others (copyrights or trademarks, for example). For
purposes of this policy, "material" refers to all forms of communications
including narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings.Advanced
Cable will not routinely monitor the contents of your WebSpace; however, Advanced Cable has the right to monitor
such and if complaints are received regarding language, content or graphics
contained on your web pages, Advanced Cable may remove the web page hosted on
Advanced Cable servers and terminate your Personal WebSpace service if Advanced Cable determines that you have
violated the terms of the TOS.
Bandwidth,
Data Storage and Other Limitations
You
must comply with the then current bandwidth, data storage and other limitations
on the Services.
Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgment of Advanced Cable) 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 Advanced Cable's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.Advanced Cable network residential customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Advanced Cable. 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. You may not use the Advanced Cable residential service for commercial purposes. The Advanced Cable residential service offering is a consumer product designed for your personal use of the Internet. For example, the service does not provide the upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the Advanced Cable residential Internet service, nor may you provide network services to others via the Advanced Cable residential Internet service. The Advanced Cable residential Internet service includes personal WebSpace accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. The following Data Transfer limitations apply to Advanced Cable Internet service packages:
25
GB per month for Premium Residential Service
20 GB per month for Preferred
Residential Service
50 GB per month for Commercial Gold Service
40 GB per
month for Commercial Silver Service
30 GB per month for Commercial Bronze
Service
Violation
of Acceptable Use Policy
Advanced
Cable Communications does not routinely monitor the activity of accounts for
violation of this Policy. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately if we become aware
of inappropriate use of our Services. Although Advanced Cable has no obligation
to monitor the Services and/or the network, Advanced Cable 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
Advanced Cable Internet Service users.Advanced
Cable prefers to advise customers of inappropriate behavior and any necessary
corrective action. However, if the Services are used in a way which Advanced
Cable, in its’ sole discretion, believes violate this Policy, Advanced Cable may
take any responsive actions they deem 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. Advanced Cable
will have no liability for any such responsive actions. The above described
actions are not Advanced Cable’s exclusive remedies and Advanced Cable may take
any other legal or technical action it deems appropriate. Advanced
Cable Communications 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
Advanced Cable’s servers and network. During an investigation, Advanced Cable
may suspend the account or accounts involved and/or remove material which
potentially violates this Policy. You hereby authorize Advanced Cable and its
distribution affiliates 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 Advanced Cable providing the username, IP address, or
other identifying information about a subscriber. Upon termination of an
account, Advanced Cable is authorized to delete any files, programs, data and
email messages associated with such account.The
failure of Advanced Cable Communications 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