Vistabeam™ Acceptable Use Policy
Last Updated: June 28, 2006
In order to provide all members with fair and equal use of the Vistabeam™ high
speed Internet access service and to enhance the Internet access experience by preventing
unacceptable use, this Acceptable Use Policy (“AUP”) has
been created. This AUP governs use of the Vistabeam™ high speed
Internet access service (the “Service”) for residential
consumer use.
The Service is designed and engineered for periodic use of e-mail, newsgroups,
file transfers, Internet chat, instant messaging, non real-time interactive
games and browsing the World Wide Web. It is your responsibility to
ensure that your activity does not impose an unusually large burden
on the Vistabeam™ network or otherwise negatively affect the integrity
of the system. Your activity also must be respectful of, and must not
have a negative impact on, the online experience of the rest of the
Vistabeam™ member community.
Vistabeam™ call center support is limited to just the Client Premises Equipment
and will not be extended to other computers should they be networked
in such a way as to utilize the Internet access provided by Vistabeam™.
If other software or applications residing on a member’s computer
restrict or inhibit the ability of the Vistabeam™ Service to function
properly, the offending software must be removed prior to the member’s
seeking call center support.
To help ensure that all members have fair and equal use of the benefits
of the Service and to protect the integrity of the Service, Vistabeam™
reserves the right, and will take necessary steps, to prevent improper
or excessive consumption of bandwidth used to provide the Service.
You should be aware that the networking of additional computers to
access the Service may result in such excessive bandwidth consumption.
The action that Vistabeam™ may take includes, but is not limited to, limiting
any excessive throughput, discontinuing service via specific ports
or communication protocols, and a complete discontinuation of service
to the member with improper or excessive bandwidth consumption. This
policy is effective and will be enforced for intended and unintended
(e.g., viruses, worms, malicious code, or otherwise unknown causes)
bandwidth consumption. Your on-line activity will be subject to the
then-current bandwidth, data storage and other limitations of the Service,
which Vistabeam™ may, from time to time, revise in its discretion and
without providing advance written notice.
In choosing to use the Service, you agree that you will not initiate
or participate in any of the following activities through or in connection
with the Service, which constitute examples of improper use of the
Service and therefore are prohibited. Engaging in one or more of these
practices may result in suspension or termination of your access to
and use of the Service.
You may not:
1. Use the Service for illegal purposes or for the transmission of material
that is known to be false, unlawful, harassing, libelous, defamatory,
profane, invasive of another’s privacy, abusive, threatening,
harmful, vulgar, obscene, sexually explicit, hateful or otherwise objectionable;
post material, non-public information about companies, without the
authorization to do so; post or transmit third-party copyrighted information
or in any way infringe on the intellectual property, contractual, or
fiduciary rights of others; transmit junk mail or chain letters, or
distribute bugs, viruses or such other harmful elements; post improper
messages; or violate the letter or spirit of the Member Agreement,
which is available at http://www.Vistabeam.com;
2. Post messages substantially similar in content to ten (10) or more
news groups, forums, automated e-mail lists or other similar groups
or lists (each a “List”) or intentionally post to any List
any content or information that violates or is otherwise inconsistent
with the terms of use or other owner-published description of the group
or List;
3. Send any spam, unsolicited mass distribution of e-mail or other solicitations,
or otherwise unsolicited e-mail. Except as otherwise defined under
applicable law, “unsolicited e-mail” does not include any
message (i) addressed to an individual with whom the sender has a preexisting
and ongoing business or personal relationship, (ii) received from a
non-commercial organization or entity of which the individual is a
pre-existing member or (iii) posted to a List that does not otherwise
violate this policy;
4. Falsify member information provided to Vistabeam™ or to users of the
Service in connection with use of the Service or impersonate someone
else, including but not limited to either a Vistabeam™ employee or non-employee
serving with Vistabeam™’s authorization as a chat moderator;
5. Engage in any of the foregoing activities by using the service of
another provider, but channeling such activities through a Vistabeam™
account or using a Vistabeam™ account as a mail drop for responses or
otherwise using the services of another provider for the purpose of
facilitating the foregoing activities if such use of another party’s
service could reasonably be expected to adversely affect the Service;
6. Use the Service for commercial purposes; resell, share, or otherwise
distribute the Service or any portion thereof to any third party; or
provide network services to others via the Service;
7. Improperly restrict, inhibit, or degrade any other member’s
use of the Service, or restrict, inhibit, disrupt, degrade or impede
Vistabeam™’s ability to deliver the Service and monitor its delivery
of the Service;
8. Install automated search and retrieve programs or similar automated
and manual routines which generate excessive amounts of net traffic;
9. Engage in any activity that compromises or threatens Vistabeam™’s
ability to provide the Service in a reasonable and efficient manner.
Examples of prohibited use include, but are not limited to, running servers
for mail, http, ftp, irc, and multi-user interactive forums, online gaming,
and providing Internet access to others through a dial-up connection,
multi-user interactive forums, or similar means;
10. Engage in any other activity which is in violation of law, or threatens
the integrity of any computer system, or violates generally accepted
standards of Internet conduct and usage, including but not limited
to denial of service attacks, web page defacement, port and network
scanning and unauthorized system penetrations.
Attempted violations and/or unauthorized access of system or network
or security devices are prohibited, and may result in criminal and
civil liability. Vistabeam™ will investigate any attempted intrusion or
modification to the security elements of the Network. Examples of system
or network security violations include, without limitation, the following:
1. The unauthorized use of passwords,
or access tokens, the interception or harvesting of user information
or personal user data.
2. Unauthorized access to or use of
data, systems or networks, including any attempted use of scans,
probes or auditing software designed to evaluate the vulnerability
of a system or network or to breach security or authentication
and authorization measures without express authorization of
the owner of the system or network.
3. Unauthorized data monitoring or traffic
flow modification of any network or system without express
written authorization of the owner of the system or network.
4. Collecting or publishing system metrics
or benchmarks without prior written consent.
5. Denial of service to any user, host,
or network including, without limitation, service flooding,
broadcast attacks, mail or service bombing, or deliberate attempts
to overload systems or networks, or attempts to bypass bandwidth
shaping.
6. Packet forging of any header, including
but not limited to, TCP-IP, service tunneling, or any element
of the header information in an email or a newsgroup posting
without express authorization of the owner of the system or
network.
7. Unauthorized attempts to subvert
Network defined routing tables or bridging topologies.
Vistabeam™ reserves the right to implement
technical mechanisms which block postings and messages which,
in Vistabeam™’s sole discretion, violate this AUP before
they are forwarded or otherwise sent to their intended recipients.
Vistabeam™ also reserves the right to take such action as may
be necessary to protect the integrity of the system, including,
but not limited to, regular system monitoring, as well as port
scanning and shutting down of ports affected by viruses, worms
or other malicious code.
Nothing contained in this policy shall be construed to limit Vistabeam™’s
rights or remedies in any way with respect to any of the foregoing activities,
and Vistabeam™ reserves the right to take any and all additional actions
that it may deem appropriate with respect to such activities, including
without limitation, investigating suspected violations of this AUP, taking
action to recover the costs and expenses of identifying offenders and
terminating their access to and use of the Service, without notice, and
levying cancellation charges to cover Vistabeam™’s costs in the event
of termination of access to the Service. In addition, Vistabeam™ reserves
at all times all available rights and remedies with respect to such activities
at law or in equity.
This AUP may be clarified or modified periodically. Any member who does
not agree to abide by all of the terms of this AUP should not continue
to use the Service. Your use of the Service after the posting of any
change to the terms of the AUP constitutes your acceptance of the change.
If you would like to report any activity you believe to be a violation
of this AUP, please direct such information to Vistabeam™’s
Abuse Department, at abuse@Vistabeam.com.
