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Acceptable Use Policy
Hillbilly Wireless has adopted this acceptable use
policy applicable to all users of Hillbilly Wireless
high speed Internet service, including Hillbilly
Wireless web sites, Hillbilly Wireless.com and (the
"Internet Service"). This acceptable use policy is
intended to advance Hillbilly Wireless' goal of
providing reliable and high quality Internet service to
its subscribers.
1. APPLICABILITY
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO USING
THE SERVICE; BY SUBSCRIBING TO THE INTERNET SERVICE,
YOU, THE SUBSCRIBER, ARE AGREEING TO THE TERMS OF THIS
ACCEPTABLE USE POLICY. YOU ARE RESPONSIBLE FOR ANY
VIOLATION OF THIS ACCEPTABLE USE POLICY OR MISUSE OF THE
SERVICE THROUGH THE USE OF YOUR ACCOUNT, EVEN IF THE
MISUSE WAS CONDUCTED BY A THIRD PARTY OR OTHER END USER
WITH ACCESS TO YOUR ACCOUNT, WHETHER PERMITTED BY YOU.
IT IS YOUR RESPONSIBILITY TO SECURE YOUR COMPUTER(S),
NETWORK AND/OR ANY DEVICE, INCLUDING WIRELESS NETWORK ("WiFi")
DEVICES CONNECTED TO THE SERVICE SO THAT SUCH MISUSE IS
PREVENTED.
2. REVISIONS TO POLICY
Hillbilly Wireless MAY REVISE THIS ACCEPTABLE USE POLICY
FROM TIME TO TIME WITHOUT NOTICE BY POSTING A SUCH
REVISION ON Hillbilly Wireless.COM OR ANY SUCCESSOR URL.
ANY REVISION OF THIS ACCEPTABLE USE POLICY IS EFFECTIVE
IMMEDIATELY UPON SUCH POSTING. AS SUCH, YOU SHOULD
REGULARLY VISIT Hillbilly Wireless.COM AND REVIEW THE
POSTED ACCEPTABLE USE POLICY. IN THE EVENT OF A CONFLICT
BETWEEN ANY SUBSCRIBER OR CUSTOMER AGREEMENT AND THIS
ACCEPTABLE USE POLICY, THE TERMS OF THIS ACCEPTABLE USE
POLICY WILL GOVERN.
3. VIOLATIONS
Hillbilly Wireless RESERVES THE RIGHT TO IMMEDIATELY
TERMINATE YOUR ACCOUNT WITHOUT NOTICE AT Hillbilly
Wireless SOLE DISCRETION IF YOU OR OTHERS WHO USE YOUR
ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. Hillbilly
Wireless ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE
ANY MATERIAL OR INFORMATION FROM Hillbilly Wireless WEB
SITES THAT VIOLATE THIS POLICY FOR ANY REASON WHATSOEVER
FROM AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE.
4. COMMERCIAL USE
If you are a commercial subscriber of Hillbilly
Wireless, this paragraph 4 shall not apply to your
subscription to the Internet but only to the extent that
your subscription expressly addresses such use.
The Internet Service is provided for personal and family
use within a single residential household. You agree
that you will not use, nor allow others to use, the
Internet Service to operate any type of business or
commercial enterprise or to use the Internet Service as
an Internet service provider. You may not establish a
web page using a server located at your home. You agree
that you will not use, nor allow others to use, your
home computer as a Web Server, FTP Server, file server
or game server or to run any other server applications.
Customer will not resell or redistribute, or allow
others to resell or redistribute, access to the Internet
Service in any manner, including by wireless means.
5. NO ILLEGAL OR FRAUDULENT USE
You agree that you will not use, and not encourage or
allow others to use, the Internet Service to violate any
applicable federal, state, local or international laws
orders or regulations. You agree that you will not use,
nor allow others to use, the Internet Service to plan or
commit, or encourage or help others to plan or commit, a
crime, fraud or act of terrorism, including but not
limited to posting or transmitting information, data or
material that is unlawful, abusive, libelous,
slanderous, obscene, profane, unlawful, threatening, or
defamatory, posting or transmitting child pornography or
obscene material, engaging in a pyramid, Ponzi or other
illegal soliciting schemes, sending chain e-mail that
request money or other items of value, illegal gambling,
the offering for sale of illegal weapons or substances,
the promotion or publication of any material that may
violate hate crime laws, or exporting software or
technical information in violation of U.S. export
control laws.
You agree to indemnify, defend and hold harmless
Hillbilly Wireless and its affiliates, suppliers, and
agents against all claims and expenses (including
reasonable attorney fees) resulting from you engaging in
any act prohibited by this Acceptable Use Policy or
resulting from your violation of this Acceptable Use
Policy. This paragraph will survive any termination or
expiration of any applicable subscriber agreement.
6. NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
You agree that you will not use, nor allow others to
use, the Internet Service to send or receive any
information that infringes the intellectual property,
including without limitation patents, trademarks,
copyrights, trade secrets or proprietary rights of any
other person or entity. This includes, but is not
limited to digitized music, movies, books, photographs,
art or other copyrighted materials or software,
including Hillbilly Wireless-provided software.
7. NO THREATS OR HARASSMENT
You agree that you will not use, nor allow others to
use, the Internet Service to transmit any material that
threatens or encourages bodily harm or destruction of
property or which harasses, abuses, defames or invades
the privacy or rights of any other person or entity.
8. NO HARM TO AND PROTECTION OF MINORS
You agree that you will not use, nor allow others to
use, the Internet Service to harm or attempt to harm a
minor, including but not limited to using the Internet
Service to send pornographic, obscene or profane
materials, or violating the Children's Online Privacy
Protection Act.
9. NO "SPAMMING"
You agree that you will not use, nor allow others to
use, the Internet Service to send materials in a manner
inconsistent with federal and state laws, including
without limitation the CAN-SPAM Act of 2003 (15 U.S.C.
§§ 7701-7713 and 18 U.S.C. § 1037). These materials
include without limitation mass or bulk e-mail, numerous
copies of the same or substantially similar messages,
empty messages, or messages which contain no substantive
content. We reserve the right, in our sole discretion,
to determine whether such postings or transmissions
constitute an advertisement, promotional material or any
other form of solicitation in violation of such laws.
10. NO "HACKING"
You agree that you will not use, nor allow others to
use, the Internet Service to access the accounts of
others or to attempt to penetrate security measures of
the Internet Service or access any other person's
computer or computer system, software, data,
confidential or proprietary information of others
without the owner's knowledge and consent ("hacking") or
to cause a disruption of service to other on-line users.
You agree that you will not use, nor allow others to
use, tools designed for compromising network security,
such as password guessing programs, cracking tools,
packet sniffers or network probing tools.
11. NO SYSTEM DISRUPTION
You agree that you will not use, nor allow others to
use, the Internet Service to disrupt, restrict, destroy,
impair or create any unusually large burden, disrupt any
backbone network nodes or network service used by
Hillbilly Wireless, on Hillbilly Wireless network,
computer equipment, content, material, device or system
whether owned by Hillbilly Wireless or others,. You also
agree that you will not use, nor allow others to use,
the Internet Service to disrupt other Internet service
providers or services, including but not limited to by
e-mail bombing or the use of mass mailing programs,
viruses, locks, keys, worms, Trojan horse or other
harmful or debilitating feature; distribute mass or
unsolicited e-mail, including commercial advertising,
announcements or junk mail; or otherwise generate large
levels of traffic sufficient to impede other's ability
to send or receive information;
12. NO IMPERSONATION OR FORGERY
You agree that you will not, nor allow others to,
impersonate another user, falsify one's user name, age,
digital or manual signature or identity in e-mail or in
any post or transmission to any newsgroup or mailing
list or other similar groups or lists. You agree that
you will not, nor allow others to, forge any message
header of any electronic transmission, originating or
passing through the Internet Service, or use an IP
address not assigned to you.
13. NO ABUSE OF NEWSGROUPS
You agree that will not, nor allow others to, post a
similar item to more than three (3) newsgroups or
mailing lists. You agree that you will not, nor allow
others to, post or transmit any private, third party
e-mail to any newsgroup or mailing list without the
explicit approval of the sender.
14. NO EXCESSIVE BANDWIDTH USAGE
Hillbilly Wireless offers multiple tiers of High Speed
Internet Service. You agree to comply with the current
bandwidth, data storage, electronic mail and other
threshold limitations that correspond with the package
of service you selected. You further acknowledge that
each tier or level of Hillbilly Wireless High Speed
Internet Service has limits on the maximum speed at
which you may send and receive data at any time, as set
forth in the price list or, and either the Residential
Service Agreement or the Commercial Service Agreement,
whichever is applicable (the "Service Agreement"). You
understand that the actual speeds you may experience at
any time will vary based on a number of factors,
including the capabilities of your equipment, Internet
congestion, the technical properties of the websites,
content and applications that you access, and network
management tools
and techniques employed
by Hillbilly Wireless. You agree that Hillbilly Wireless
may change the bandwidth or other threshold limitation
of any tier by amending the price list or Service
Agreement. Your continued use of the Internet Service
following such a change will constitute your acceptance
thereof. You also agree that Hillbilly Wireless may use
technical means, including but not limited to suspending
or reducing the speed of the Internet Service, to ensure
compliance with your tier of service and to ensure that
Hillbilly Wireless High Speed Internet Service operates
efficiently. You further agree that Hillbilly Wireless
has the right to monitor your usage patterns to
facilitate the provision of Hillbilly Wireless High
Speed Internet Service and to ensure your compliance
with the package of service you selected and the Service
Agreement and to efficiently manage the network and the
provision of High Speed Internet Services. Hillbilly
Wireless may take such steps as it determines
appropriate in the event your usage of the Internet
Service does not comply with the package of service you
selected or the Service Agreement. Additionally,
Hillbilly Wireless may use such tools and techniques as
it determines appropriate in order to efficiently manage
its network and to ensure a quality user experience for
its subscribers.
15. NO "VIRUSES"
You agree that you will not use, nor allow others to
use, the Internet Service to restrict, inhibit, or
otherwise interfere with the ability of any other person
to use or enjoy the Internet Service or any features of
the Internet Service, any Equipment or the Internet,
regardless of intent, purpose or knowledge, including,
without limitation, by posting or transmitting any
information or software which contain computer
"viruses," worms, "Trojan horses" or other harmful
software programs and that you will use your best
efforts to prevent the unintentional transmission of
such viruses.
16. Hillbilly Wireless MONITORING.
Hillbilly Wireless reserves the right at any time to
monitor bandwidth, usage, transmissions, and content on
the Internet Service from time to time; to seek or
identify violations of this Policy; and/or to protect
the network, the Internet Service and Hillbilly Wireless
users. Hillbilly Wireless may not, however, routinely
monitor the activity of your Internet Service account
for violations of this Acceptable Use Policy. Hillbilly
Wireless failure to enforce this Acceptable Use Policy,
for whatever reason, shall not be construed as a waiver
of any right to do so at any time. You agree that any
portion of this Acceptable Use Policy held invalid or
unenforceable will as much as possible be construed
consistent with the intent and applicable law; the
remaining portions of this Acceptable Use Policy will
remain in full force and effect.
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1 Feb, 2011
