All customers, as well as any other users, of the Service (the "subscriber," "customer," "user," or "you") must comply with this Policy. If you do not agree to comply with this Policy, you must immediately stop using the Service and notify MetroCast.
You may not use the Service, any MetroCast equipment or any connected device to:
- undertake or accomplish any unlawful purpose, including, but not limited to, posting, storing, transmitting or distributing information, data or material that is obscene, illegal, threatening, libelous or defamatory, or that in any way promotes illegal activity, could reasonably be expected to lead to civil liability or otherwise violate any local, state, federal or international law, order, rule or regulation;
- infringe the intellectual property rights of any person or entity, including, but not limited to, uploading, posting, publishing, transmitting, reproducing, creating derivative works of, or distributing in any way, information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right without first obtaining appropriate authorization;
- post, store, transmit or distribute any information, data or material that a reasonable person could deem to be indecent, pornographic, harassing, threatening, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether such information, data or material or its distribution is unlawful;
- harm or attempt to harm a minor, including, but not limited to, using the Service to send pornographic, obscene or profane information, data or material;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal solicitation scheme;
- engage in any fraudulent activity, including, but not limited to, impersonating any person or entity, engaging in sender address falsification, forging any other person's or entity's digital or manual signature, misleading or misrepresenting your identity or performing any other similar fraudulent activity;
- transmit or collect responses from bulk, commercial or unsolicited messages (also known as "spam");
- send multiple copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, blog, newsgroup, chat or other similar service (also known as "mail bombing");
- collect or harvest emails, screen names or other identifiers of any persons or entities without their prior consent, or participate in "spidering";
- use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, keystroke loggers, or Trojan Horse programs, or engaging in any unauthorized port scanning;
- violate the rules, regulations, terms of service or other policies applicable to any network, server, computer database, service, application, system or website that you access or use;
- access any other person's or entity's computer, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network, or account, including, but not limited to, accessing data not intended for you, logging into or making use of a server or account that you are not expressly authorized to access or probing the security of other networks without express authorization to do so;
- distribute programs that make unauthorized changes to software (also known as "cracks");
- use or run dedicated stand-alone equipment or servers or programs from the customer's premises that provide network content or any other services to others, including, but not limited to, email, web hosting, file sharing and proxy services and servers;
- restrict, inhibit or otherwise interfere with the ability of any other person or entity, regardless of intent, purpose or knowledge, to use or enjoy their equipment or the Service, including, but not limited to, by posting or transmitting any information, software or material that contains a worm, virus or other harmful feature, or by generating levels of traffic sufficient to impede their ability to use, send or retrieve information; or
- restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation or manipulation, regardless of intent, purpose or knowledge, to the Service or any MetroCast (or MetroCast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation or manipulation to any MetroCast (or MetroCast supplier) facilities used to deliver the Service.
You also may not:
- copy, distribute or sublicense any software provided in connection with the Service, except that you may make one copy of each software program for back-up purposes only;
- service, alter, modify or tamper with MetroCast equipment (including any embedded software) or the Service (including the speed of the Service) or permit any other person or entity who is not authorized by MetroCast to do so;
- access or use the Service with an Internet Protocol ("IP") address other than an IP address provided for you by MetroCast, or otherwise alter, modify or tamper with your IP address assignment or method of assignment;
- resell the Service or otherwise make available outside of the customer's premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly, including, but not limited to, for operation as an internet service provider or for a business enterprise or purpose, whether or not for profit; or
- use the Service for any type of use that is not recreational, residential or personal use.
Excessive Bandwidth Consumption
High-speed bandwidth and network resources are not unlimited. Managing MetroCast's network is essential as MetroCast works to promote the use and enjoyment of the Internet by our customers. As explained above, the Service is for recreational, residential and personal use. MetroCast has established a monthly bandwidth usage limit per Service account. Service usage may not exceed the following limits for each type of subscriber account:
|MetroCast Subscriber Account:
MetroCast High Speed Express
MetroCast High Speed Turbo
MetroCast High Speed Ultra
Monthly Bandwidth Usage Limit:
Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfer of files and other high-capacity traffic using hypertext transfer protocol ("HTTP"), file transfer protocol ("FTP"), video transfers, peer-to-peer applications and newsgroups. In the event that your usage of the Services exceeds the above-described limits, MetroCast may, in its sole discretion, suspend or terminate your Service account or request that you upgrade your Service level, or subscribe to a version of MetroCast's commercial grade Internet service if you wish to continue higher bandwidth consumption levels. MetroCast's determination of the level of bandwidth consumption by Service accounts is final and binding.
Computer and Data Security
You are responsible for maintaining the security of your computer and any other device that you use in connection with the Service, and any data stored on that computer or device. You are responsible for implementing standard anti-virus practices, including using anti-virus software with up-to-date virus definitions. If you use a wireless modem, router or other device in connection with the Service, you are also responsible for taking security measures that are recommended by the manufacturer of the wireless device.
Without limiting any other termination rights that MetroCast has under this Policy, MetroCast reserves the right to disable any email account that is inactive for more than ninety (90) days, and to terminate any email account that is inactive for more than one (1) year. MetroCast will consider an email account inactive from the last date that you have logged into and accessed that email account. In order to avoid having your email account disabled, you must log into your email account at least once every ninety (90) days. MetroCast is not responsible for forwarding email sent to any account that has been disabled, suspended or terminated. At MetroCast's discretion, any such email will be returned to the sender, ignored, deleted, or stored temporarily. In the event that a Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted. MetroCast also reserves the right to delete any email message in any email account that has not been read or retrieved from the account for more than one hundred and twenty (120) days after such message is received. If MetroCast deletes email messages from your account, they may not be retrieved later. You are solely responsible for backing up and archiving any important email.
MetroCast also reserves the right to establish and modify general practices and limits concerning the use of email accounts, including without limitation, the maximum number of days that email messages will be stored, the maximum number of email messages that may be sent from or received by an email account, the maximum size of any email message that may be sent from or received by an account, and the maximum disk space that will be allotted on our servers to an e-mail account on your behalf. You agree that MetroCast has no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by using a MetroCast email account. MetroCast may notify you of any such general practices or changes thereto by email.
MetroCast, in its sole and absolute discretion and without limiting any other rights or remedies it may have, may suspend or terminate the Service for failure to comply with the provisions of this Policy.
If you are a subscriber to the Service, you are responsible for any violations of this Policy by anyone else using it through your account, regardless of whether the violation was done without your knowledge or consent.
You agree to indemnify, defend, and hold harmless MetroCast, its affiliates, shareholders, members, managers, officers, directors, employees and agents from and against any and all claims, demands, costs and expenses (including reasonable attorneys' fees and any cost or fees for investigation of such claims or demands) resulting from you or any user of your account violating this Policy.
MetroCast is not obligated to monitor the activity of Service accounts to determine whether there are violations of this Policy. However, MetroCast 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 MetroCast's servers and network. The failure by MetroCast or its suppliers to enforce this Policy 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.
MetroCast reserves the right to update or modify this Policy from time to time. Any such update or modification will be effective immediately upon posting. MetroCast 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 MetroCast's website. Customers of the Service should read any MetroCast announcements that they receive and regularly visit the MetroCast website and review this Policy to ensure that their activities conform to the most current version.
If you have any questions regarding this Policy or to report a violation of this Policy, please contact MetroCast at firstname.lastname@example.org.
Effective Date: January 1, 2011