ACCEPTABLE USE POLICY Crowsnest Broadband LLC 10/01/2019
Why is Crowsnest Broadband providing this Policy to me?
Crowsnest Broadband’s goal is to provide its customers with the best High Speed Wireless Internet service possible. In order to help accomplish this, Crowsnest Broadband has adopted this Acceptable Use Policy (AUP). This Policy outlines acceptable use of the Crowsnest Broadband High Speed Internet service (the Service). This Policy is in addition to any restrictions contained in the Crowsnest Broadband Terms of Service.
What obligations do I have under this Policy?
All Crowsnest Broadband High Speed Internet customers and all others who use the Service (the customer, user, you, or your) must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Crowsnest Broadband so that it can close your account.
How will I know when Crowsnest Broadband changes this Policy and how do I report violations of it?
Crowsnest Broadband may revise this Policy from time to time by posting a new version on its website at https://www.crowsnestbb.net. Crowsnest Broadband will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e- mail announcements or posting information on the Crowsnest Broadband website or social media channels. Revised versions of this Policy are effective immediately upon posting.
Accordingly, customers of Crowsnest Broadband High Speed Internet Service should read any Crowsnest Broadband announcements they receive and regularly visit the Crowsnest Broadband website and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy, report a child exploitation incident involving the Internet, and report violations using the Contact Us form at https://www.crowsnestbb.net
What uses and activities does Crowsnest Broadband prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Crowsnest Broadband Equipment, either individually or in combination with one another, to:
Conduct and information restrictions
rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
Network and usage restrictions
What obligations do I have under this Policy?
In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account.
Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.
Crowsnest Broadband recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Crowsnest Broadband and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Crowsnest Broadband that connect to the Service
from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does Crowsnest Broadband address inappropriate content and transmissions?
Crowsnest Broadband 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 Sections I or II of this Policy, or otherwise harmful to Crowsnest Broadband's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy.
Neither Crowsnest Broadband nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Crowsnest Broadband and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Terms of Service, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, Crowsnest Broadband uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).
Crowsnest Broadband is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Crowsnest Broadband is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Crowsnest Broadband's sole discretion. In the event that Crowsnest Broadband believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an identifier) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Crowsnest Broadband (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier.
In addition, Crowsnest Broadband may at any time reserve any identifiers on the Service for Crowsnest Broadband's own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Crowsnest Broadband assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
Why does Crowsnest Broadband manage its network?
Crowsnest Broadband 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. Managing the network is essential as Crowsnest Broadband works to promote the use and enjoyment of the Internet by all of its customers.
How does Crowsnest Broadband manage its network?
Crowsnest Broadband uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Terms of Service. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (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 lowering the priority of traffic for users who are the top contributors to current network congestion, and
(iv) using other tools and techniques that Crowsnest Broadband may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.
Are there restrictions on data consumption that apply to the Service?
Crowsnest Broadband reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of typical use of the Service plan selected, as determined by Crowsnest Broadband in its sole discretion. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (FTP), (ii) peer-to-peer applications, and (iii) newsgroups. 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, nor represent (as determined by Crowsnest Broadband 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 Crowsnest Broadband'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, Crowsnest Broadband may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels.
Crowsnest Broadband may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans.
Crowsnest Broadband's determination of the data consumption for Service accounts is final.
What happens if you violate this Policy?
Crowsnest Broadband reserves the right immediately to suspend or terminate your Service account and terminate the Terms of Service if you violate the terms of this Policy or the Terms of Service.
How does Crowsnest Broadband enforce this Policy?
Crowsnest Broadband does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service.
Crowsnest Broadband has no obligation to monitor the Service and/or the network. However, Crowsnest Broadband and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Crowsnest Broadband users.
Crowsnest Broadband prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Crowsnest Broadband also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Crowsnest Broadband's intervention. However, if the Service is used in a way that Crowsnest Broadband or its suppliers, in their sole discretion, believe violates this Policy, Crowsnest Broadband or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice.
These 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 Service (including but not limited to newsgroups).
Neither Crowsnest Broadband nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Crowsnest Broadband's exclusive remedies and Crowsnest Broadband may take any other legal or technical actions it deems appropriate with or without notice.
Crowsnest Broadband 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 Crowsnest Broadband's servers and network. During an investigation, Crowsnest Broadband may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy.
You expressly authorize and consent to Crowsnest Broadband 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, Crowsnest Broadband is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).
The failure of Crowsnest Broadband or its suppliers 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.
You agree to indemnify, defend and hold harmless Crowsnest Broadband and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Terms of Service.
What is Crowsnest Broadband's DMCA policy?
Crowsnest Broadband is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the DMCA) to report alleged infringements.
It is Crowsnest Broadband's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Crowsnest Broadband, in its sole discretion, believes is infringing these rights. Crowsnest Broadband may terminate the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to Crowsnest Broadband?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Crowsnest Broadband's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA.
Crowsnest Broadband requires a $250.00 service fee from copyright owners for servicing and handling of each complaint, payment must be sent with any notification of claimed infringement to the address listed below.
Upon Crowsnest Broadband's receipt of a satisfactory notice, and service fee, of claimed infringement for these works, Crowsnest Broadband will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Crowsnest Broadband will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Crowsnest Broadband a notification of claimed infringement to report alleged infringements of their works to:
DCMA Copyright Infringement Crowsnest Broadband LLC 4467 Woodbury Pike
Woodbury Pa 16695
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Crowsnest Broadband, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
What can customers do if they receive a notification of alleged infringement?
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Crowsnest Broadband.
Upon Crowsnest Broadband's receipt of a counter notification that satisfies the requirements of DMCA, Crowsnest Broadband will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Crowsnest Broadband will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Crowsnest Broadband's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.