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This document's contents were last modified October 30, 2007.
Coax Internet Media ("Coaxim") is the premium Internet and
email service and support provider for multiple Internet and Television
service distributors. Our distribution partners include:
INTRODUCTION
Coaxim and its distribution ("BDR Broadband,
Broadband Media, Digital Services LLC, Village Media, et al ")
provide a variety of Internet services (the "Services") to
their residential customers (the 'Subscribers"). The Services use
resources that are shared with many other users throughout the Internet.
Each Subscriber benefits by being able to share resources and communicate
with other users through the Services. However, as with any community,
the benefits and privileges of the Services must be balanced with duties
and responsibilities so that all users can have a productive experience.
This Acceptable Use Policy (the "Policy") is designed to help
protect Coaxim, Subscribers, and the Internet community in general from
irresponsible or, in some cases, illegal activities.
By using the Services, Subscribers consent to be bound by the terms
of this Policy, which may be updated at any time, effective upon posting
at http://www.coaxim.com.
This Policy should be read in conjunction with our Terms
of Service, Privacy
Policy and all other posted policies. Each Subscriber and those
who access some of the Services through a Subscriber's account, but
do not have accounts ("Visitors"), are responsible for ensuring
that the use of all Services complies with this Policy.
Any violation of this Policy, or any policy
posted at http://www.coaxim.com,
or use of the Service for any other illegal activity is subject to immediate
termination of service without notice. Any subscriber who does not agree
to be bound by these terms should immediately terminate use of the services
and notify the customer service department of their distributor:
VIOLATIONS OF COAXIM'S ACCEPTABLE USE POLICY
The following is a non-exclusive list of actions prohibited by Coaxim,
and discussed in further detail following this Section:
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Using the Services for any activity that violates
any local, state, federal or International law, order or regulation.
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Using the Services to make available, to the general
public, any material (by email, publishing, uploading, posting or
otherwise) which is inappropriate, profane, obscene, indecent, pornographic,
libelous, harassing, constitutes a threat or encourages bodily harm
or destruction of property, or otherwise unlawful.
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Using the Services to make fraudulent offers to
buy or sell products, items, or services or to advance any type of
financial/soliciting scams including, but not limited to: "pyramid
schemes," "Ponzi schemes," "mail bombing,"
and "chain letters."
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Using the Services to transmit, distribute, store
or access any material (by email, publishing, uploading, posting or
otherwise) that infringes copyright, trademark, patent, trade secret
or other proprietary rights of any third party. You assume all risks
regarding the determination of whether material is in the public domain.
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Any fraudulent activities including impersonating
any person or entity or forging anyone else's digital or manual signature.
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Disrupting or interfering with the Services in
any way, including through the uploading of files which contain viruses,
worms, "Trojan horses," or other software or programs that
may be damaging to the Services or another user's computer.
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Using the Services to transmit, or to facilitate
the transmission of any unsolicited commercial email or unsolicited
bulk email.
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Using the Services to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Coaxim's or another entity's computer software
or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or
loss of data.
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Using the Services to collect, or attempt to collect,
personal information about third parties without their knowledge or
consent.
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Reselling the Services without Coaxim's authorization.
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Using the Services for any activity that adversely
affects the ability of other people or systems to use the Services
or the Internet.
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Using the Services for high volume or commercial
use. The Services are intended for periodic, active use of email,
newsgroups, file transfers, Internet chat, games, and browsing the
World Wide Web. Subscribers may stay connected so long as they are
actively using that connection for the above purposes, and Coaxim
maintains the right to terminate any Subscriber's connection or email
account(s) following any extended period of inactivity as determined
by Coaxim.
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Using the Services for excessive posting or cross-posting
of the same or substantially similar messages, or binary files to
newsgroups not specifically named for that purpose, or flooding or
disruption of Usenet newsgroups. Using the Services to perform chat
"flooding", using the Services to connect to chat servers
or channels from which they have been previously banned, or forging,
altering, or obscuring your identity while participating in chat sessions.
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Use of your Coaxim email service, web space, or
any other Community Broadband product or service in violation of any
terms of this Policy.
SECURITY
The Services may not be used to breach the security of another user
or to attempt to gain access to any other person's computer, software
or data, without the knowledge and consent of such person. The Services
also may not be used in any attempt to circumvent the user authentication
or security of any host, network, or account. This includes, but is
not limited to, accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized to
access, or probing the security of other networks. Use or distribution
of tools designed for compromising security, such as password guessing
programs, cracking tools, packet sniffers or network probing tools,
is similarly prohibited.
You may not attempt to disrupt the Services. The Services also may
not be used to interfere with computer networking or telecommunications
services to any user, host or network, including, without limitation,
denial of service attacks, flooding of a network, overloading a service,
improper seizing and abuse of operator privileges and attempts to "crash"
a host. The transmission or dissemination of any information or software
that contains a virus or other harmful feature also is prohibited. You
are solely responsible for the security of any device you choose to
connect to the Services, including any data stored on that device.
INAPPROPRIATE CONTENT
There may be content on the Internet or otherwise available through
the Services which may be offensive to some individuals, or which may
not be in compliance with all local laws, regulations and other rules.
For example, it is possible to obtain access to content that is pornographic
or offensive, particularly for children. Coaxim cannot assume any responsibility
for the content contained on the Internet or otherwise available through
the Services. You must assume the risk of accessing content through
the Services, and Coaxim shall not have any liability for any claims,
losses, actions, damages, suits, or proceedings arising out of or otherwise
relating to access to such content. You are solely responsible for any
information that you publish on the web or other Internet services.
You must ensure that the content is only made available to appropriate
recipients. Coaxim has no obligation to monitor transmissions made on
the Services. Coaxim reserves the right to monitor any Subscriber's
transmissions. Coaxim may remove, or refuse to post, any information
or materials, in whole or in part, that Coaxim, in its sole discretion,
deems to be offensive, indecent, or otherwise inappropriate regardless
of whether such material or its dissemination is unlawful. By using
the Services to reproduce, publish, display, transmit and distribute
content, a Subscriber is warranting that the content complies with this
Policy, and authorizing Coaxim to reproduce, publish, display, transmit
and distribute such content as necessary for Coaxim to deliver the content
in a timely manner.
ELECTRONIC MAIL (EMAIL)
The Services may not be used to send unsolicited bulk or commercial
messages. This includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests, petitions
for signature and political or religious messages. You may not reference
Coaxim (e.g. by including "Organization: Coaxim" in the header
or by listing an IP address that belongs to Coaxim) in any unsolicited
email even if that email is not sent through the Services. "Mail
bombing" is prohibited. That is, you may not send numerous copies
of the same or substantially similar messages, nor may you send very
large messages or files to a recipient with the intent to disrupt a
server or account. Coaxim is not responsible for the forwarding of email
sent to any account that has been suspended or terminated. Such email
will be returned to sender, ignored, deleted or stored temporarily at
Coaxim's sole discretion.
NEWSGROUPS
Messages posted to newsgroups must comply with the written charters
or FAQs for those newsgroups. Advertisements, solicitations, or other
commercial messages should be posted only in those newsgroups whose
charters or FAQs explicitly permit them. You are responsible for determining
the policies of a given newsgroup before posting to it. Posting or cross-posting
the same or substantially similar messages to more than eight newsgroups
is prohibited. Binary files may not be posted to newsgroups not specifically
named for that purpose. Subscribers posting binary files to groups with
policies concerning the permissible daily volume of posted files are
required to observe those limitations. A Subscriber may not attempt
to "flood" or disrupt Usenet newsgroups. Disruption is defined
as posting a large number of messages to a newsgroup, which contain
no substantive content, to the extent that normal discussion in the
group is significantly hindered. Examples of disruptive activities include,
but are not limited to, posting multiple messages with no text in the
body, or posting many follow-ups to messages with no new text. Messages
may not be canceled, except by the author or by official newsgroup moderators
performing their duties. The Usenet news service included with the Services
is provided for interactive use by the Subscriber, using a commonly
available NNTP client such as Netscape Communicator. Coaxim reserves
the right to discontinue access to any Usenet newsgroup at any time
for any reason.
INTERNET RELAY CHAT
The Services may be used to participate in "chat" discussions.
These discussions may be hosted by Coaxim servers, by third party servers,
or may not involve any servers at all. In all cases, Coaxim does not
normally monitor the contents of the discussions and is not liable for
the contents of any communications made via Internet chat. The Services
may not be used to perform chat "flooding". Flooding is defined
as deliberately repeating actions in quick succession in order to fill
the screens of other Internet users with text. Any computer or other
device connected through the Services may not maintain more than two
simultaneous chat connections. This includes the use of automated programs,
such as "bots" or "clones" Automated programs may
not be used when the account holder is not physically present at the
device. A Subscriber may not use the Services to connect to chat servers
or channels from which they been previously banned or indicated non-receipt.
Forging, altering, or obscuring your identify (other than using a nickname
from which Coaxim could, if necessary, determine your real name) while
participating in chat sessions is forbidden.
PERSONAL WEB SPACE
As part of the Services, Coaxim may provide storage space and access
for web pages through its personal web space service. You are solely
responsible for any information that you publish on your personal web
space. Coaxim will not routinely monitor the contents of your personal
web space. You must ensure that the content published on your personal
web space is only made available to appropriate recipients. Coaxim reserves
the right to monitor your personal web space and remove or refuse to
post any content, in whole or in part, that it determines to be inappropriate.
Coaxim also reserves the right to remove your personal web space and
terminate your personal web space service if Coaxim determines that
you have violated the terms of the Policy, bandwidth, data storage and
other limitations. You must comply with the current bandwidth, data
storage and other limitations on the Services. Subscribers must ensure
that their activity does not properly restrict, inhibit, or degrade
any other Subscriber's use of the Services, nor represent (in the sole
judgment of Coaxim) an unusually large burden on the network itself.
In addition, Subscribers must ensure that their activity does not improperly
restrict, inhibit, disrupt, degrade or impede Coaxim's ability to deliver
the Services and monitor the Services, backbone, network nodes, and/or
other network services. Subscribers may not resell, share, or otherwise
distribute the Services or any portion thereof to any third party without
the written consent of Coaxim. For example, you cannot provide Internet
access to others through a dial-up connection, host shell accounts over
the Internet, provide email or news service, or send a news feed. Coaxim
residential service is a consumer product designed for your personal
use of the Internet.
SUSPENSION OR TERMINATION
Coaxim takes no responsibility for any material created or accessible
through the Services. Coaxim is not obligated to monitor or exercise
editorial control over such material for violation of this Policy, but
reserves the right to do so. In the event that Coaxim becomes aware
that any such material may violate this Policy or expose Coaxim to civil
or criminal liability, Coaxim reserves the right to block access to
such material and suspend or terminate any Subscriber creating, storing
or disseminating such material. Coaxim further reserves the right to
cooperate with legal authorities and third parties in the investigation
of alleged wrongdoing, including disclosing the identity of the subscriber
that Coaxim deems responsible for the wrongdoing. Any Subscriber that
Coaxim determines to have violated any element of this Policy may be
subject to a suspension or termination of service, and if Coaxim deems
it necessary, immediate suspension or termination of such Subscriber's
service without notice. Coaxim may take such further action as it determines
to be appropriate under the circumstances to eliminate or preclude repeat
violations. Coaxim shall not be liable for any damages of any nature
suffered by any Subscriber, user, or any third party resulting in whole
or in part from Coaxim's exercise of its rights under this Policy. The
above-described actions are not Coaxim's exclusive remedies and Coaxim
may take any other legal or technical action it deems appropriate. The
failure of Coaxim to enforce the 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 the 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. The Policy shall be exclusively governed by, and construed in
accordance with, the laws of the State of Washington. In the event of
a conflict between any subscriber agreement and the Policy, the terms
of the Policy will govern.
Questions regarding the Policy and complaints of violations of the
Policy by Subscribers can be directed to Coaxim or the customer service
department of the Subscriber's distributor as listed at the top of this
page.
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