Enterprise Network Acceptable Use
Policy Introduction
The following are policies (these Policies) for use of Internet access service that is provided by Mediacom to or through any customer under a contract, agreement or other terms (Customer Contract) that negotiated or arranged by the Enterprise Networks business unit of Mediacom Communications Corporation, a Delaware corporation (MCC) or any of its affiliates (or any successor business unit) or that states that these Policies apply. The term Service refers to such Internet access service. The terms Mediacom, we and our refer to any company that is controlled by MCC and through which Customer accesses the Service. The terms Customer and you refer to any subscriber to the Service, and the term User refers to any person or entity using the Service through use of or access to your premises, network or any equipment owned or leased by you or under your control. This Policy outlines acceptable use of the Service as well as prohibited conduct for using the Service. To achieve our objectives, Mediacom may in its sole discretion determine whether any use of the Service is a violation of this Policy. While it is not Mediacom's intent to monitor, control, or censor communications on the Service, when we become aware of a violation of this Policy, we may take such action as we deem appropriate to address the violation, as referenced below.
This Policy applies to all Customers and to all Users, whether or not authorized by Customer to use the Service. By ordering and using the Service, you are presumed to have accepted this Policy on behalf of yourself and all Users. You agree to inform all of your employees, contractors, consultants, agents, and any other persons who you reasonably expect to use the Service of this Policy. You agree to notify Mediacom immediately if you become aware of any violation of this BAUP by any User. You are solely responsible for any failure of any User to comply with this Policy, and you agree to hold Mediacom and each of Mediacoms affiliates, contractors, subcontractors, licensors and suppliers, each partner, stockholder, member, director, officer, employee, agent or representative of any of the foregoing and each successor and assignee of the any of the foregoing collectively, Mediacom Parties), harmless from any such failure. This Policy supplements, but does not supersede, any other contracts you have with Mediacom; and, if any such contract restricts any use of the Service that is not addressed in this Policy, such contract will govern with respect to such use.
IF YOU DO NOT AGREE TO COMPLY WITH THIS POLICY, YOU MUST IMMEDIATELY STOP USE OF THE SERVICE AND INFORM MEDIACOM
SO THAT YOUR ACCOUNT MAY BE CLOSED.
Mediacom reserves the right to immediately terminate the Service and any agreement if you or any User engage in any of the prohibited activities listed in this BAUP, or use any Equipment or the Service in any way which is contrary to any of Mediacoms policies or any of Mediacoms suppliers policies. In such an event, termination or other charges may apply. In addition, you and all Users must strictly adhere to any policies set forth by any other service provider accessed through the Service.
Prohibited Uses
Using the Service in any manner described below is prohibited under this Policy. The descriptions below are guidelines and are not intended to be exhaustive.
Illegal/Criminal Activity
Neither Customer nor any User may use the Service in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations
Neither Customer nor any User may use the Service in connection with attempts - whether or not successful - to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
You are responsible for maintaining the basic security of your systems to prevent their use by others in a manner that violates this Policy. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse. Examples of proper security measures include securing mail servers to prevent distribution of spam by others, and securing FTP servers to prevent illegal distribution of licensed software.
Threats
Neither Customer nor any User may use the Service to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials
Neither Customer nor any User may use the Service for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.
Spamming
Spamming is an unacceptable use of the Service. Spamming includes any of the following activities:- Posting a single message, or messages similar in content, to more than five online forums or newsgroups.
- Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
- Collecting the responses from unsolicited email.
- Sending any unsolicited email that could be expected, in Mediacom's discretion, to provoke
complaints.
- Sending email with charity requests, petitions for signatures, or any chain mail related materials.
- Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
- Sending email that does not accurately identify the sender, the sender's return address, and the
email address of origin.
- Using Mediacom facilities to violate another Internet Service Provider's acceptable use policy and/or terms of service.
Customer Responsibilities
Internet Content
You are solely responsible for any content that you or any User publish or distribute on the Web or otherwise through the Service. You must, for example, take appropriate precautions to prevent minors from receiving inappropriate content. You represent and warrant to Mediacom, on behalf of yourself and each User, that any and all content that you or any User reproduces, stores, publishes, displays, transmits or distributes complies with this Policy, and you authorize, on behalf of yourself and each User, Mediacom and its distribution service providers or other contractors to reproduce, store, publish, display, transmit, and distribute such content as necessary for the provision of or otherwise in connection with the Service and to identify you or any User as the author or source of such content.
Internet Access
You and each User must comply with the rules of Web sites and other resources you or any User access. The Service may provide access to search engines, subscription services, newsgroups, chat areas, bulletin boards, Web pages and other resources that publish terms of use, policies, rules, guidelines or agreements to govern their use. You and each User must review and adhere to any such terms, policies, rules, guidelines and agreements, which may include standards unique for the particular resource. In addition, the use of any software or content in connection with or through the Service must be in accordance with any applicable license agreements or terms of use.
Bandwidth and Data Storage
You and each User must comply with the bandwidth usage, data storage and other limitations on the Service that are in effect from time to time. If the aggregate usage by you and all Users exceeds these limitations, Mediacom may, at its sole discretion, charge you for the excess usage, reduce transmission speed or other Service parameters, limit, suspend or terminate the Service or take other actions.
You must ensure that your or any Users activities do not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Mediacom) an unusually large burden on the Service as a whole. In addition, you must ensure that your or any Users activities do not improperly restrict, inhibit, disrupt, degrade or impede Mediacoms ability to deliver, manage and administer the Service.
No Resale
Unless expressly permitted in a written agreement with Mediacom, neither you nor any User may resell, share, or otherwise distribute the Service or any part of it to any third party. For example, you cannot use the Service to provide Internet access to others through a dial-up connection, host shell accounts over the Internet, provide e-mail or news service or send a news feed.
Routers or Servers
Running a router or server in connection with the Service is not prohibited, but is not supported by Mediacom. Neither you nor any User may provide network services to others via the Service.
Mediacom Marks
Neither you nor any User may use any of the corporate or business names, logos or trade or service names or marks of Mediacom or any of its affiliates, licensors, contractors or suppliers unless and to the extent you are expressly and specifically authorized to do so by a written agreement with us or the owner of such name, logo or mark.
Equipment
All equipment provided by Mediacom in connection with the Service (Equipment) will remain property of Mediacom or its suppliers. We may, at our option, provide new, used or reconditioned equipment. Equipment shall be used only for use of the Service pursuant to this Agreement. You agree that neither you nor any User shall permit any third party, to sell, lease, encumber or transfer any Equipment or the right to use any Equipment. Neither you nor any User shall remove, or permit any third party to remove, any Equipment from your premises. If you relocate to a new address, you must contact Mediacom to arrange for removal of the Equipment and we may charge a new installation fee to initiation Service at your new location.
You shall not, and shall not permit any User or third party to, connect any other device to the Equipment that we have not specifically authorized. The Equipment may not be serviced by anyone other than our employees or authorized representatives. You shall not, and shall not permit any User or third party to, modify or tamper with any Equipment. Such prohibition includes altering the Equipment to change its downloading or uploading capacity.
Mediacom may periodically change the requirements for the computers, equipment, operating system or other items needed for the Service. Mediacom is not obligated to continue to support previously acceptable equipment and, if the requirements change, you may need to acquire new or additional equipment or other items in order to continue to use the Service. Mediacom has the right, but not the obligation, to periodically upgrade, replace or otherwise change the firmware or software our suppliers or we provide for the Service. You and each User consent to such changes (whether or not we give notice of them) and agree that they may be performed remotely through downloads by you or us to your computer or installation at your premises by us or our representatives. Mediacom may modify, replace, add to or relocate the Equipment.
IP Address Blocking/Suitability
The IP addresses provided for the Service will continue to be the property of Mediacom or its suppliers and are not transferable by you. IP address assignments are not guaranteed, and may be modified as required by Mediacom, the American Registry for Internet Numbers (ARIN) or any other relevant authority, agency or organization.
Mediacom does not promise that any IP address provided for use with the Service will not be blocked by third parties. If you believe that an IP address be blocked due to actions performed by the person to which it was assigned before you, then, if requested by you, Mediacom will, if reasonably feasible, make a direct request to the blocking party to have the IP address unblocked, but cannot guarantee that such party will respond favorably to the request. Any IP address blocked because of actions by you or any User while that address is assigned to you is entirely your responsibility and Mediacom will not be obligated to take any action to assist in having the IP address unblocked. In all cases, Mediacom does not promise that any IP address provided will be suitable for any activity, task or purpose intended or desired by you or any User.
Warranties/Disclaimers
Anyone who uses the Service is doing so as is with no guarantees and no warranty of any kind. Because Mediacom does not own or control the Internet, Mediacom cannot and does not accept any responsibility for injury to you or any User that results from inaccurate, unsuitable or offensive Internet communications. It is up to you to control your use of this Service and to make appropriate use of monitoring software that is available from many third party vendors that can provide filtering and parental control for offensive material. None of the Mediacom Parties has any intention of being financially liable to any customer or user for any harm that may occur through the use of the Service, regardless of whose fault it may be. In addition, none of the Mediacom Parties is responsible for backups of customers and users files and other information, and Mediacom has the right to delete any information after a customers service agreement is terminated.
Indirect Access
A violation of this Policy by someone having only indirect access to the Service through a customer or other user will be considered a violation by such customer or other user, whether or not with the knowledge or consent of such customer or other user. As an example, downstream providers are responsible for the actions of customers to whom they provide services operating on the Service. Mediacom will address and attempt to resolve complaints about the actions of customers of downstream providers with such downstream provider.
In addition, this Policy applies to any email or content transmitted by you or any User or on behalf of you or any User, which promotes content hosted or transmitted using Mediacom facilities, or which indicates in any way that any Mediacom Party was involved in the transmission of such email or content.
Copyright Infringement
Mediacom respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. Neither you nor any User may store material of any type or in any format on, or disseminate such material over, Mediacoms systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Mediacom to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances for such termination may exist where (i) a subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has
been provided to Mediacom alleging facts which are a violation by the subscriber or account holder of Mediacoms Copyright and Trademark Policy prohibiting infringing activity involving Mediacom systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Mediacom expressly reserves the right to terminate or suspend the Service of any subscriber or account holder if Mediacom, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Mediacom may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Mediacoms designated copyright notice agent as set forth in Mediacoms Copyright and Trademark Policy located at http://www.mediacomcc.com/legal_copyright.html.
This Policy is Also for the Benefit of Certain Third Parties
In providing the Service, the Mediacom Parties, or any of them, may use the services, equipment and infrastructure and content of affiliates, software licensors, network backbone providers, and other contractors, suppliers and third parties. Each such person is expressly made a third party beneficiary of this Policy and the disclaimers, exclusions and limitations of warranties and liabilities, and your indemnification obligations, stated in this Policy and in your applicable Internet Service Agreement. This means that each such person is entitled to directly assert and enforce against you this Policy and those disclaimers, exclusions, limitations and obligations in its, his or her own name and right. Otherwise, there are no third party beneficiaries of this Policy.
Consequences
You are contractually obligated to abide by this Policy when using the Service and to ensure that Users likewise comply. Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Mediacom in its sole discretion. When feasible, it is Mediacom's preference to give notice so that violations may be addressed voluntarily; however, Mediacom reserves the right to act without notice when necessary, as determined by Mediacom in its sole discretion. Mediacom may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy. None of the Mediacom Parties shall have any liability for any such responsive actions.
In addition, you agree, on behalf of yourself and each User, to reimburse and indemnify the Mediacom Parties, or any of them, for all claims, suits, proceedings, investigations, liabilities, damages, judgments, costs and expenses, including reasonable attorneys fees, that directly or indirectly result from, arise out of or relate to any such violation.
Incident Reporting
Any questions or complaints regarding violations of this Policy should be directed to Mediacom by email at abuse@mchsi.com. When reporting potential violations, where possible, you agree to include details that would assist Mediacom in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Revisions to this Policy
Mediacom may modify this Policy at any time, effective when posted to Mediacom's public Web site. Notice may also be provided via electronic mail or regular mail. If you disagree with any changes, then your sole recourse is to cancel the Service. Any customer who has not notified Mediacom of cancellation in writing within 30 days of Mediacoms posting of such new BAUP has tacitly agreed to abide by the new BAUP.
No Waiver
The failure of Mediacom to enforce this BAUP, 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, such portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Last Revision: June 15, 2005.
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