AUP

Acceptable Use Policy

This following are policies (“these Policies”) for use of the Broadband Corp service that is provided. We use the term the “Service” to refer to that service, together with all related or ancillary Websites and services, if any, as periodically configured or constituted. The term “Broadband Corp,” “we,” “our” or “us” refers to any company that is controlled by Broadband Corp, a Minnesota corporation, and through which you access the Service. The term “you” refers to any person or entity using the Service.

The Internet is used responsibly by millions of people every day. Unfortunately, it is sometimes abused. These Policies are intended to protect Broadband Corp and its customers and the Internet community at large from irresponsible or, in some cases, illegal activities. These Policies guidelines are not meant to be exhaustive. Broadband Corp reserves the right to prohibit or take action to stop or prevent activities that harm or may harm the Service or Broadband Corp or its commercial reputation and goodwill.

Violation of these Policies by you may result in suspension or termination of your access to the Service or your Service account and other consequences as detailed under the caption “If You Violate These Policies” below.

These Policies apply to all users of the Service or any of its components. They supplement, but do not supersede, the written or online Agreements or other contracts that customers or users have for the Service. If you are not yourself a subscriber to the Service, but use it through the account of a subscriber, then that subscriber’s Agreement also applies to you. That means, among other things, that Service users must comply with these Policies and all restrictions on or terms of usage of the Service in the applicable Agreements or other contracts. You should read these Policies together with the applicable Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICE.

We do not actively monitor the use of the Service or exercise editorial control over the content of any e-mail transmissions or other material created or accessible through the Service. In addition, we do not have control over the behavior of our customers or other third parties. Accordingly, by publishing these Policies, we do not promise you that all of our customers will abide by them.

You Must Comply With Law and Respect the Property and Rights of Others.

In using the Service, you must comply with all applicable federal, state, local and international laws, regulations and other governmental requirements. You may not use the Service to directly or indirectly:

• Violate any such law, regulation or requirement.
• Misappropriate the funds, property or data of any person.
• Violate the copyrights, trademarks, trade secrets, patents or other property rights of any person, including, but not limited to, by downloading, using or distributing any music or other audio files, video, photographs or other visual material or any article, publication or other content without the permission of the owner.
• Threaten, harass or intimidate any person or create any nuisance.
• Violate any other legal rights of any person.
• Attempt or help another person to do any of the foregoing, whether or not successful.
• Intentionally spreading any computer virus or other harmful software or programming.

You should be aware that many music and movie files found on the Internet today are pirated copies of copyrighted materials, and the use or distribution of such pirated files is a violation of these Polices and copyright law.

You May Not Violate the Security of Others

You may not directly or indirectly interfere with or gain or attempt to gain access to our or any other person’s network, network access or device, computer, software or data without the knowledge and consent of us or such other person (as the case may be).

Do Not Use the Service for Spam or Other Unsolicited E-Mails

You may not directly or indirectly use the Service to send mass or other duplicative unsolicited e-mail messages (commercial or other) or to send any other unsolicited e-mail that provokes or, in Broadband Corp’s opinion, is likely to provoke complaints. This prohibition includes, but is not limited to:

• “Spamming,” as that term from time to time is generally understood within the Internet service provider industry.
• Sending unsolicited e-mails offering products or services, investment opportunities, charity requests, petitions for signatures, chain-mail or other solicitations.
• Using Internet addresses that you do not have the right to use.
• Distributing or using software designed to promote the sending of unsolicited bulk electronic messages.
• Using distribution lists containing addresses that include those who have opted out.

Release of Viruses, Denial of Service Attacks or Other Interference with Usage by Others are Prohibited

You may not directly or indirectly restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Service or the Internet. Among other things, this means you must not:

• Intentionally release any virus, worm or other harmful programming or item;
• Engage in any form of “denial of service” attack, as from time to time is generally understood within the Internet service provider industry;
• Scan or probe the security of the Broadband Corp. or any other network for any purpose whatsoever by the use of packet sniffers, siphons, decoders or other methods;

You Must Comply With the Rules of Websites and Other Resources You Access

Through the Service, you may have access to search engines, subscription services, newsgroups, chat areas, bulletin boards, Web pages and other resources that publish terms of use, polices, rules, guidelines or agreements to govern their use. You must review and adhere to any such terms, policies, rules, guidelines and agreements, which may include standards unique for the particular resource. In addition, the use of any software or content in connection with or through the Service must be in accordance with any applicable license agreements or terms of use.

You are Responsible for Violations by All Persons Using Your Account

If you are a subscriber to the Service, you are responsible for any misuse of the Service by anyone using it through your account, even if a friend, family member, guest or other person committed the inappropriate activity with access to your account. A violation of these Policies by someone using the Service through you or your account will be considered a violation by you, whether or not with your knowledge or consent.

The resale or distribution of the Service or any part of it is not permitted, unless expressly permitted in a written agreement with Broadband Corp. In addition, you must comply with any restrictions on the persons you may permit to use the Service that are contained in your applicable Agreement or otherwise apply.

Broadband Corp’s Right to Monitor Content and to Limit Access to Certain Websites or Other Resources

Broadband Corp has no obligation to monitor or control postings, messages or transmissions made or accessed or received using the Service and expressly disclaims any responsibility for any offense or injury arising out of your or others’ access to or dissemination of any content posted or transmitted. The applicable Agreement for the Service, however, provides that, to the maximum extent permitted by applicable law, Broadband Corp reserves the right, without notice to you, to monitor content and transmissions electronically from time to time, to disclose any information it learns as a result to governmental authorities or other third parties. You should consult the terms of the applicable Agreement for a more complete statement of these rights.

To the maximum extent permitted by applicable law, Broadband Corp also reserves the right, without notice to you, to:

• Refuse to permit you or other users of your account to post, transmit or store messages or material that we deem unacceptable, undesirable, offensive or in violation of your Agreement, these Policies, other requirements applicable to the Service, law or third-party rights.
• Use content “spiders” or other technology that accesses your postings, messages, computer or data files to search for or detect such messages or material.
• Block, filter or remove any such messages or material.
• Block or discontinue access to any newsgroup, bulletin board, forum, Website or other resource that would otherwise be accessible through the Service or the Internet.

The specification in these Policies is intended solely to confirm that you agree that Broadband Corp may take any of the actions stated without violating your rights and without incurring any liability to you as a result of any such action we take or its consequences. The fact that we reserve these rights does not mean that Broadband Corp has, and we disclaim, any control over or responsibility or liability for your postings, messages, content, actions or omissions or those of any other user of your account, any other Broadband Corp customer, any operator of any Website or Internet resource or any other third party. The fact that we reserve these rights with respect to you or other Service users does not create any obligation to exercise them.  Without limiting the generality of the foregoing, We disclaim any obligation or liability to Customer or any User because we have or may have any rights similar to those stated under this caption with respect to any other subscriber to or user of the Service or if we fail to exercise any such right.

Bandwidth, Data Storage and Other Limitations

You must comply with the bandwidth usage, data storage and other limitations on the Service that are in effect from to time. Unless provided otherwise by the express terms of your Service plan, Broadband Corp has established a monthly data consumption threshold of 250 Gigabytes (GB). If your usage exceeds these limitations, Broadband Corp may, at its sole discretion, charge you for the excess usage, reduce transmission speed or other Service parameters, limit, suspend or terminate the Service or take other actions. By way of example (without limitation) you may not:

• Use or run dedicated, stand-alone equipment or servers from your premises that provide network content or any other services to anyone outside of your premises. Examples of prohibited equipment and servers include, but are not limited to, email, Web hosting, file sharing, gaming and proxy services and servers;
• Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service;
• Restrict, inhibit, interfere with, or otherwise disrupt or cause performance degradation, regardless of intent, purpose or knowledge, to the Service;
• Resell the Service or otherwise make available to anyone outside your 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 use only and you agree not to use the Service for operation as an Internet service provider;
• Connect the Broadband Corp Equipment to any computer outside of your premises;
• Access or 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.

Broadband Corp reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of the restrictions enumerated above, that harm its network or other customers using the Service, or that negatively affect its network or other customers using the Service.

Broadband Corp and its affiliates, suppliers, and agents reserve the right to monitor customer transmissions and to disclose, block, or remove them in order to enforce the restrictions in this Policy and applicable Service Agreement.

Network Management

Broadband Corp manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. If the company did not manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management, Broadband Corp can deliver the best possible broadband Internet experience to all of its customers.

The company uses reasonable network management practices that are consistent with industry standards. While Broadband Corp tries to use tools and technologies that are minimally intrusive, its network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. The tools and techniques that Broadband Corp uses to manage its network can and do change frequently. For example, these network management activities may include, but may not be limited to, (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) temporarily delaying or terminating to or from high-bandwidth users during periods of high network congestion, and (iv) using other tools and techniques that Broadband Corp may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Broadband Corp also reserves the right to suspend or terminate Service accounts where bandwidth consumption is not characteristic of a typical user of the Service as determined by Broadband Corp in its sole discretion. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, or represent (as determined by Broadband Corp in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Broadband Corp’s ability to deliver and monitor the Service or any part of its network.

If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Broadband Corp may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a different version of the Service if you wish to continue to use the Service at higher bandwidth consumption levels. Broadband Corp may also provide versions of the Service with different speed and bandwidth consumption limitations, among other characteristics, subject to applicable Service plans.

Broadband Corp reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved. During an investigation, Broadband Corp may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Broadband Corp and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Broadband Corp is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The rights of Broadband Corp specified under this Policy are in addition to any others that it may have under other Policies, your Agreement for Service or otherwise.

If You Violate These Policies

You are contractually obligated to abide by these Policies when using the Service and, if you are a subscriber to the Service, to ensure that others individuals who use the Service through your account likewise comply.

Any violation of any of these Policies may result in a demand for immediate removal of offending material, temporary or permanent filtering, blocked access, suspension or termination of all or part of the Service, or other action appropriate to the violation, as determined by Broadband Corp in its sole discretion. When appropriate in Broadband Corp’s sole judgment, it is Broadband Corp’s preference to give notice so that violations may be addressed voluntarily; however, Broadband Corp reserves the right and the sole discretion to act without notice. Broadband Corp may involve, and cooperate with, law enforcement if criminal or other illegal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

Neither Broadband Corp nor any of its affiliates, licensors, contractors or suppliers shall have any liability for any such responsive actions.

Broadband Corp is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at Broadband Corp’s sole discretion.

If you or any person using the Service through your account violates these policies, the foregoing shall not in any way limit Broadband Corp’s rights or remedies under law, your applicable Agreement or otherwise available. In addition, you agree to reimburse and indemnify Broadband Corp and its affiliates, employees, licensors, contractors suppliers and agents for all claims, suits, proceedings, investigations, liabilities, damages, judgments, costs and expenses, including reasonable attorneys’ fees, that directly or indirectly resulting from, arising out of or related to any such violation.

How You Can Report Suspected Violations

Any complaints regarding violations of this Policy by any Broadband Corp customer should be directed to your local Broadband Corp location at the address and telephone number stated on your bills for the Service. Where possible, include details that would assist Broadband Corp in investigating and resolving the complaint (i.e., expanded headers and a copy of the offending transmission).

You are Responsible for the Security of Your Computers and Data, to Take Measures to Protect Against Viruses and to Limit Access by Children to Inappropriate Content

Users of the Service are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates these Policies and for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

You are solely responsible for the security of any computer or device you use in connection with the Service and any data stored or software installed on that computer or device to prevent use by others in a manner that violates these Policies. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute spam and improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.

Without limiting the generality of the foregoing, each computer or other device used with the Broadband Corp Online service must be maintained in accordance with generally accepted security principles. Without limitation, each user must:

• Keep your computer operating system up to date with all of the latest service packs and operating system patches.
• Implement standard anti-virus practices (“virus” refers to the entire group of destructive software including but not limited to viruses, worms and Trojans;
• Enable the firewall built into your operating system or a third party firewall program such as Norton Internet Security, Zone Alarm Pro or other personal firewall software.
• Immediately resolve any known security problems with your computer, software or stored data.

Users of the Broadband Corp Online service who connect to the Internet through a wireless modem, router or other device are required to take the additional security measures that are recommended by the manufacturer of the wireless device used or security experts. You should consult the user manuals or other literature that was included with your wireless device, visit the areas of the manufacturer’s website that contains security information and/or consult reliable sources of information about wireless security available on the World Wide Web.

Information about low-cost or no-cost security solutions and how to keep your operating system updated and enhance the security of your equipment and files usually can be found on the Website of the manufacturer of your operating system or elsewhere on the World Wide Web.

Each subscriber and user is solely responsible for the security of his or her computers and connected devices and communications or other activities using the Service. Broadband Corp is not obligated to provide any type of security system, either hardware or software, to subscribers or users for the purpose of preventing unauthorized access. If Broadband Corp does provide any such hardware or software, it is not responsible or liable if it does now work as intended or is otherwise ineffective. You assume all risk of accessing content through the Service. Broadband Corp and its affiliates, licensors, contractors and suppliers do not assume any responsibility for the content contained on the Internet or otherwise available through the Service and they shall not have any liability for any claims relating to access to such content. Content questions or complaints should be addressed to the content provider.

Content You Publish

You are solely responsible for any content that you publish or distribute on the Web or otherwise through the Service. You must, for example, take appropriate precautions to prevent minors from receiving inappropriate content. By using the Service to reproduce, publish, display, transmit and distribute content, you shall warrant that the content complies with these Policies and authorize Broadband Corp and its distribution service providers or other contractors to reproduce, publish, display, transmit, store and distribute such content as necessary for the provision or otherwise in connection with the Service.

These Policies are Also for the Benefit of Certain Third Parties

In providing the Service, Broadband Corp may use the services, equipment and infrastructure and content of affiliates, software licensors, network “backbone” providers, and other contractors, suppliers and third parties. Each such person is expressly made a third party beneficiary of these Policies and the disclaimers, exclusions and limitations of warranties and liabilities, and Your indemnification obligations, stated in these Policies and in your applicable Agreement. This means that each is entitled to directly assert and enforce against you these Policies and those disclaimers, exclusions, limitations and obligations in its, his or her own name and right.

Otherwise, there are no third party beneficiaries of these Policies.

Revisions to These Policies

Broadband Corp may, as provided in your applicable Agreement, at any time, supplement, replace or otherwise change these Policies, in whole or in part, effective when posted here or another public Web site that Broadband Corp has notified you may be used for that purpose. Notice may also be provided via electronic mail, regular mail or other appropriate method.

Accordingly, you should consult this document regularly to ensure that your activities conform to the most recent version. In the event of a conflict between the express terms of your applicable Agreement or other subscriber agreement and the express terms of these Policies, the terms of these Policies shall govern.

Certain Principles of Interpretation

If any example is given (through the use of the words “such as,” “for example,” “e.g.” or otherwise) of the meaning, intent or operation of such provision, such example is intended to be illustrative only and not exclusive or limiting. Unless the context otherwise unambiguously requires, the word “or” means “and/or.” The term “person” is to be broadly construed and includes any natural person or any corporation, trust, association, limited liability company, partnership, joint venture or other entity. The headings used in these Policies shall not affect in any way their meaning or interpretation.

No Waiver

The failure of Broadband Corp to enforce these Policies, 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.

Additional Information

For practical tips from the Federal Government and the technology industry to help you be on guard against Internet fraud, secure your computer and protect your personal information, click on the following link for the Federal Trade Commission’s tips for online privacy, click here: https://www.consumer.ftc.gov/topics/online-security

While we are providing these links, we are not responsible for the content of the linked sites and do not guarantee that the tips or suggestions made will be effective for the intended purposes.

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Questions regarding these policies can be directed by you or, if you are not a subscriber to the Service, by the subscriber whose account you use to access the Service to the appropriate local Broadband Corp location at the address and telephone number appearing on the bills for the Service.