Internet Acceptable Use Policy

Introduction

This Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. It is not a "terms of service" or a billing guideline. Please refer to your Terms of Service for terms and conditions applicable to your Internet Service. Please read this policy carefully before accessing the service. By accessing the service, you agree to be bound by this policy. If you do not wish to be bound by this AUP, you may not access or use the service

This AUP applies to Internet Services ("Services") provided by Columbia Energy, LLC. and its affiliates ("Service Provider"). Your use of the Services indicates your acceptance of and agreement to abide by this Acceptable Use Policy. It is designed to help protect the Service, Service Provider customers, and the Internet community from irresponsible or illegal activities. Service Provider may modify this AUP from time to time. In the event of any inconsistency between Service Provider Acceptable Use Policy and the terms of any service agreement, this Acceptable Use Policy shall govern and control.

Revisions

Changes to this AUP are considered effective immediately and it is the end user's responsibility to stay current. Service Provider can make changes to the AUP at any time without notice. Changes to this document will be available on Service Provider's web page.

Service Provider may, but is not required to, monitor your compliance, or the compliance of other subscribers, with this Acceptable Use Policy.

Violations & Monitoring

Service Provider does not intend to actively monitor the content of websites, email, news groups, or material created or accessible over its Services. Service Provider reserves the right to monitor such Services or any Services on or within our network.

Reporting Violations and complaints:

Violations, attempted violations, and/or concerns should be addressed by emailing our Billing department.

When reporting anything to Service Provider please include:

  • The internet protocol address used to commit the alleged violation.
  • The date, time, and time zone of such violation.
  • Evidence of the violation, including, if applicable, full headers from emails, firewall logs, traffic dumps (example, the *.enc files generated by Network Ice's Black Ice program or "hex" dump from any other firewall or IDS system), or information pertaining to the events in question.
  • Do not send excerpted parts of a message; sending the entire message with full headers helps prevent misunderstandings based on incomplete information or information taken out of context.

Service Provider has sole judgment and discretion on how we enforce this AUP. Guidelines as to punishment and legal action will be within the Service Provider's legal department and administrative department discretion.

Administrative Discretion

Service Provider administrators, staff, and executives have sole and final discretion over all aspects of service, the network, and this AUP. Service Provider reserves the right to terminate any account or service without cause or prior notice.

User Responsibility

Users need to be aware that they do not operate in a vacuum. Safe practices need to be taken by the users to protect themselves and others.

Users are responsible for account passwords and should keep them safe.

Do not share account information.

Do not leave username and passwords in the open.

If a user feels that the account was compromised, the username and or password should be changed at once.

Do not "save" user names or passwords. Each should be entered at each login.

Users are responsible for protecting their own equipment. Anti-virus software and personal firewalls are not required but strongly encouraged.

Users are responsible for any misuse of Service Provider Services that occurs through user's account.

Users are responsible for protecting their accounts and must take steps to ensure that others do not gain unauthorized access to user's account or misuse Service Provider's Services.

Copyright Infringement/Repeat Infringer Policy

Service Provider respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Service Provider ' systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Service Provider to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where:

  1. A Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer,
  2. A valid, effective, and uncontested notice has been provided to Service Provider alleging facts which are a violation by the Subscriber or account holder of Service Provider Copyright Policy prohibiting infringing activity involving Service Provider systems or servers, or
  3. In other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Service Provider expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Service Provider, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Service Provider may have under law or contract.

You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation of technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify Service Provider if you become subject to any such order.

You shall not delete any proprietary designations, legal notices, or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret, and patent laws. You agree to cooperate with Service Provider and provide requested information in connection with all security and use matters. You agree to notify Service Provider promptly if you suspect unauthorized use of the Service or of your UserID. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Service Provider network.

System & Network Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Service Provider will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Port scanning, probes, data capture, denial of service, access of restricted systems.
  • Attempted access of systems not previously given access to.
  • Anything deemed "hacking" or "cracking" to the systems, network or users.
  • Unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings).
  • Unauthorized monitoring of data or traffic.
  • Interfering with service to any user, host, system, or network.
  • Conducting denial of service attacks.
  • Any attempt to disrupt service including, but not limited to, distributing or introducing viruses, worms, or other harmful software.
  • Access by using artificial means, involving software, programming, or any other method.
Compliance with the Aup of Upstream Providers

The AUP of Service Provider's upstream providers also bind Service Provider users. An "upstream provider" is any company that provides Service Provider bandwidth and/or other Services.

Other

Other Services not specifically listed in this AUP but that are provided by Service Provider are bound by this AUP

Commercial Use

Re-selling Service Provider's Services or offering use of Service Provider's Services for adding value to a commercial entity without Service Provider's authorization is prohibited. Service Provider's Services are designed for the account holder's use of the Internet and may not be used for commercial purposes without the Service Provider's explicit consent.

You also agree not to use Service Provider's Services for operation as an Internet Service Provider (ISP), or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide access, operating, or allowing others to operate servers of any type, or any other device, equipment and/or software providing server-like functionality in connection with Service Provider's Services, unless expressly authorized.