ACCEPTABLE USE POLICY Revised January 10, 2022
By subscribing to the cable-based high-speed internet service and/or fiber-based dedicated internet access service (collectively referred to as the “Internet Service”) of Communications Unlimited Inc., providing the Internet Service (“Comms Unlimited”), each commercial customer (“Customer’) agrees not to use the Internet Service for any unlawful purpose and to comply with all policies and terms of this Acceptable Use Policy. Comms Unlimited posts this policy on its website at www.commsunlimited.com (or any successor URL) (the “Website”). Comms Unlimited may change this policy from time to time without notice by posting updated versions on the Website or another website about which Customer has been notified. Customer and all agents, employees, guests, and other users given access to the Internet Service (each a “User” and collectively “Users”) of the Internet Service should periodically review the Acceptable Use Policy to conform to the most recent version. Revisions are effective immediately upon posting. The Acceptable Use Policy, as it may be changed and updated over time, is incorporated into the Commercial Services Terms and Conditions or Master Service Agreement, as applicable to Customer. If Customer, and/or any User of Customer’s Internet Services, fails to abide by any of the terms of the Acceptable Use Policy, as updated, Comms Unlimited may suspend or terminate the provision of the Internet Service to Customer as further detailed below in the paragraph entitled “Violation of the Acceptable Use Policy”. Additionally, Comms Unlimited reserves the right to charge Customer for any direct or indirect costs Comms Unlimited may incur in connection with Customer’s failure to abide by the Acceptable Use Policy.
MULTIPLE USERS. The Internet Service and related equipment Comms Unlimited provides shall be used only by Customer and Users. The Commercial Services Terms and Conditions or Master Service Agreement, as applicable to Customer, binds Customer and all Users of the Internet Service. Customer shall have sole responsibility for ensuring that all other Users understand and comply with the terms and conditions of this Acceptable Use Policy, as it may be updated or changed from time to time.
SECURITY. Customer is responsible for any misuse of the Internet Service, even if the inappropriate activity was committed by another User. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to the Internet Service, for instance by strictly maintaining the confidentiality of passwords and/or by appropriately protecting the use of any computers or wireless devices that are connected to the Internet Services. Customer is solely responsible for the security of any device connected to the Internet Service, including any data stored on that device. Comms Unlimited recommends against enabling file or printer sharing of any sort and recommends that any files or services that Customer chooses to make available for remote access be protected with a strong password or as otherwise appropriate.
UNLAWFUL USE AND PROHIBITED ACTIVITIES. The use of the Internet Service for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Acceptable Use Policy. Prohibited activities include, but are not limited to the following:
- 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;
- pyramid or other illegal soliciting schemes;
- any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature; and
- destructive and/or violent
Customer assumes all risks regarding the determination of whether material is in the public domain. Customer must use the Internet Service in a manner that is ethical and in conformance with prevailing community standards.
Comms Unlimited shall have the sole right to determine whether the use of the Internet Services violates this standard. Without limiting the generality of the foregoing, prohibited uses include, but are not limited to, using the Internet Service or any equipment provided to Customer by Comms Unlimited to directly or indirectly:
- access the Internet via the Internet Service using an IP address other than the dynamic IP address(es) assigned to Customer by Comms Unlimited;
- invade another person’s privacy, collect or attempt to collect personal information about third parties without their consent;
- unlawfully use, possess, store, post, transmit or disseminate obscene, profane or pornographic material; post, store, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
- access any other person’s computer, computer system, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person;
- use or distribute tools designed or used for compromising security, such as password guessing systems, “packet sniffers” encryption circumvention devices or Trojan horse programs (Unauthorized port scanning is prohibited);
- upload, post, publish, deface, modify, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material that is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or right-holder;
- copy, distribute or sublicense any software that Comms Unlimited provided or made available to Customer, except that Customer may make one copy of each software program for back-up or archival purposes only;
- alter, modify or tamper with any cable modem that Comms Unlimited provides or other feature of the Internet Service;
- restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Internet, any cable modem or other feature of the Internet Service, including, without limitation: posting or transmitting any information or software that contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature; distributing mass or unsolicited email; or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
- restrict, inhibit or otherwise interfere with or otherwise disrupt or cause a performance degradation, regardless of intent or knowledge, to the Internet Service, any backbone network nodes or network service used by Comms Unlimited or its suppliers; otherwise restrict, inhibit, disrupt, or impede Comms Unlimited ability to monitor or deliver any feature of the Internet Service; or create an unusually large burden on Comms Unlimited network;
- interfere with computer networking or telecommunications service to or from any Internet user, host or network, including but not limited to denial of service attacks, overloading a service, improper seizure or abuse of operator privileges (“hacking”) or attempting to “crash” a host;
- resell the Internet Service, in whole or in part, charge others for the use of the Internet Service, or make available to anyone outside Customer’s business the ability to use the Internet Service (including wireless or other methods of networking) or to use it for anything other than Customer’s own business purposes;
- operate a server in connection with the Internet Service including but not limited to mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers, or multiuser interactive forums or run programs, equipment or servers from Customer’s premises to which the Internet Service is provided that provide network content to anyone outside of those premises, commonly known as public services or servers;
- port scan any computer or any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such scans; or
- transmit unsolicited bulk or commercial messages, or “spam.”
Without limiting the foregoing, Customer agrees that it shall not use the Internet Service for operation as an Internet service provider, a server site for ftp, telnet, rlogin, email hosting, web hosting or other similar applications and it will not provide any Internet access or any other feature of the Internet Service to any third party, will not act as an end-point on a non- Comms Unlimited local or wide area network.
INAPPROPRIATE CONTENT AND TRANSMISSIONS. Comms Unlimited reserves the right, but not the obligation, 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 offensive, indecent, or otherwise inappropriate, and regardless of whether this material or its dissemination is unlawful. Neither Comms Unlimited nor any of its suppliers have any obligation to monitor transmissions or postings (including, but not limited to, email, newsgroup, and instant message transmissions) made on the Internet Service. However, Comms Unlimited and its suppliers have the right to monitor these transmissions and postings from time to time for violations of this Acceptable Use Policy and to disclose, block, or remove them in accordance with the Commercial Services Terms and Conditions or Master Service Agreement, as applicable to Customer, and any other applicable agreements and policies.
ELECTRONIC MAIL. The Internet Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violate this Acceptable Use Policy or the acceptable use policy of any other Internet service provider. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not the email is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. Customer may not reference Comms Unlimited or the Comms Unlimited network (e.g. by including “Organization: ” in the header or by listing an IP address that belongs to the network) in any unsolicited email even if that email is not sent through the Comms Unlimited network or Internet Service.
Comms Unlimited is not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Comms Unlimited sole discretion. In the event that Comms Unlimited believes, in its sole discretion, that any customer name, account name, or email address (collectively, an “identifier”) on the Internet Service may be used for, or is being used for, any misleading,
fraudulent, or other improper or illegal purpose, Comms Unlimited (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, Comms Unlimited may at any time reserve any identifiers on the Internet Service for its own purposes.
Comms Unlimited may offer unlimited email storage subject to the terms of the Commercial Services Terms and Conditions or Master Service Agreement, as applicable to Customer, and this Acceptable Use Policy. In addition to any other remedy stated herein, Comms Unlimited reserves the right to assess a fee if, in its sole discretion, Customer’s email storage is deemed excessive. Comms Unlimited similarly may limit the size of any individual email message or attachment, if in Comms Unlimited sole discretion, it is considered excessive.
NEWSGROUPS. Messages posted to newsgroups must comply with the written charters or frequently asked questions for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or frequently asked questions explicitly permit them. Customer is responsible for determining the policies of a given newsgroup before posting to it. Comms Unlimited reserves the right to discontinue access to any newsgroup at any time for any reason.
INSTANT MESSAGES AND SOCIAL MEDIA. Customer alone is responsible for the contents and the consequences of any instant messages or social media activities. Comms Unlimited assumes no responsibility for the timeliness, delivery or mis- delivery, deletion or failure to store instant messages or social media content.
NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS. Customer must comply with all current bandwidth, data storage, and other limitations on the Internet Service established by Comms Unlimited and its suppliers. In addition, Customer may only access and use the Internet Service with a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). Customer may not access or use the Internet Service with a static IP address or using any protocol other than DHCP. Customer may not use the Internet Service in a manner that creates routing patterns that are inconsistent with the effective use of a shared network, as determined by Comms Unlimited in its sole discretion.
In addition, Customer agrees to ensure that the activities of Customer and Users (including, but not limited to, use made by Customer and Users of any personal web features) do not improperly restrict, inhibit, disrupt, degrade, or impede Comms Unlimited ability to deliver the Internet Service and monitor the Internet Service, backbone, network nodes, and/or network services. Violation of this policy may result in termination of the Internet Service or, at Comms Unlimited sole discretion, imposition of excessive bandwidth consumption usage charges, as more specifically described in the Commercial Services Terms and Conditions or Master Service Agreement, as applicable to Customer.
COPYRIGHT INFRINGEMENT. Comms Unlimited requires all customers and users of the Internet Service to comply with U.S. copyright and related laws. Accordingly, Customer (including Users) may not store any material or content on, or disseminate any material or content over, the Internet Service (or any part of the Internet Service) in any manner that constitutes an infringement of third party’s 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. Comms Unlimited may terminate the Internet 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 Comms Unlimited believes, in its sole discretion, is infringing these rights. Comms Unlimited may terminate the Internet Service at any time with or without notice for any affected customer or user. Copyright owners may report alleged infringements of their works that are stored on the Internet Service or a customer’s or user’s web features by sending Comms Unlimited authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Comms Unlimited receipt of a satisfactory notice of claimed infringement for these works, Comms Unlimited will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Internet Service or (ii) disable access to the work(s). Comms Unlimited will also notify the affected customer or user of the Internet Service of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Comms Unlimited. Upon Comms Unlimited receipt of a counter notification that satisfies the requirements of DMCA, Comms Unlimited 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, Customer expressly agrees that Comms Unlimited will not be a party to any disputes lawsuits regarding alleged copyright infringement. Copyright owners may send Comms Unlimited a notification of claimed infringement by mail to report alleged infringements of their works to this address:
Communications Unlimited Inc.
8355 West Flagler Street # 299
Miami Florida 33144
Copyright owners may view and print a notification of claimed infringement from Comms Unlimited Website. Complete the form and return it to Comms Unlimited. Comms Unlimited does not require that Customer use this form, and 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 Comms Unlimited, the alleged infringer, and the affected copyright owner for any dam ages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against Customer, Customer can file a counter notification with Comms Unlimited 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.
VIOLATION OF ACCEPTABLE USE POLICY. Comms Unlimited does not routinely monitor the activity of Internet Service accounts for violation of this Acceptable Use Policy. However, in Comms Unlimited efforts to promote good citizenship within the Internet community, Comms Unlimited will respond appropriately if Comms Unlimited becomes aware of inappropriate use of the Internet Service. Although Comms Unlimited has no obligation to monitor the Internet Service and/or the network, Comms Unlimited and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Internet Service; to identify violations of this Acceptable Use Policy; and/or to protect the network, the Internet Service and Comms Unlimited users.
Comms Unlimited prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Internet Service is used in a way that Comms Unlimited or its suppliers, in their sole discretion, believe violate this Acceptable Use Policy, Comms Unlimited or its suppliers may take any responsive actions they deem appropriate. 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 Internet Service. Neither Comms Unlimited nor its affiliates, suppliers, or agents will have any liability for any these responsive actions. The above described actions are not Comms Unlimited exclusive remedies and Comms Unlimited may take any other legal or technical action it deems appropriate.
Comms Unlimited reserves the right to investigate suspected violations of this Acceptable Use Policy, including the gathering of information from the Customer or Users involved and the complaining party, if any, and examination of material on Comms Unlimited servers and network and those of Comms Unlimited suppliers used in delivering service. During an investigation, Comms Unlimited may suspend the account or accounts involved and/or remove or block material that potentially violates this Acceptable Use Policy. Customer hereby authorizes Comms Unlimited and its suppliers to cooperate 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 Acceptable Use Policy. This cooperation may include Comms Unlimited providing information about Customer to law enforcement or system administrators, including, but not limited to, usernames, Customer name, IP address, and other account information. Upon termination of Customer’s account, Comms Unlimited is authorized to delete any files, programs, and email messages associated with such account. The failure of Comms Unlimited or its suppliers 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. Customer agrees that if any portion of this Acceptable Use 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.