POLICIES
Thunder Mountain Wireless Acceptable Use Policy
1.1 When you use the Services for Internet
access, you must protect the Thunder Mountain Wireless network by either
disabling or password protecting file and print sharing on your computer(s) or
have a firewall solution that prohibits unauthorized access to your computer.
When using the Service, you may not:
1.1.1 restrict or inhibit any other user
from using the Internet;
1.1.2 post or transmit any unlawful, threatening,
abusive, libelous, defamatory, vulgar, obscene, indecent, profane, hateful,
bigoted or otherwise objectionable information of any kind, including without
limitation any transmissions, constituting or encouraging, conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, including without
limitation U.S. export control laws and regulations;
1.1.3 post or transmit
any information or software that contains a virus, trojan horse, worm or other
harmful component;
1.1.4 post, publish, transmit, reproduce, distribute or in
any way exploit any information, software or other material obtained through
Services for commercial purposes;
1.1.5 upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other materials,
or other proprietary right, or derivative works without obtaining permission of
the copyright owner or right holder;
1.1.6 upload, post, publish, reproduce,
transmit or distribute in any way any component of the Services or derivative
works, as Services are copyrighted as a collective work under U.S. copyright
laws;
1.1.7 remove or alter copyright management information including,
without limitation, name or identification information of the author or owner,
copyright note or terms & conditions for use of a work;
1.1.8 avoid,
bypass, remove, deactivate or circumvent by any means, any process or system
such as copy protection systems that are intended to protect the rights of a
copyright owner;
1.1.9 send unsolicited e-mail that causes complaints from
the recipients of the unsolicited e-mail;
1.1.10 send large quantities of
unwanted or unsolicited e-mail to individual e-mail accounts (also known as
“spamming” or “mailbombing”);
1.1.11 make any unauthorized attempt to gain
access to any account or computer resource not belonging to that user
1.1.12
attempting to send e-mail or newsgroup articles or postings using a name or
address of someone other than yourself, attempting to impersonate any person or
using forged headers or other identifying information.
1.1.13 engage in conduct which interferes with Thunder Mountain Wireless’s
ability to provide the
Services or interferes with the rights of others including, but not limited to
hacking, circumvention of user authentication or security of any host network,
or account, “denial of service” attacks (port scans, flooding of networks,
deliberate overload attempts, etc.);
1.1.14 scan or probe the security of the
Thunder Mountain Wireless Broadband or any other network for any purpose whatsoever by the
use of packet sniffers, siphons, decoders or other methods;
1.1.15 obtain or
attempt to obtain Services by any means or device with intent to avoid
payment;
1.1.16 unauthorized access, alteration, destruction, or any attempt,
of any information of any Thunder Mountain Wireless customers or end-users by
any means or device;
1.1.17 use Thunder Mountain Wireless products and
services to interfere with the use of the Thunder Mountain Wireless network by
other customers or authorized users;
1.1.18 violate the law or aid another in
any unlawful act;
1.1.19 resell the Services or any other Thunder Mountain Wireless
service to any third parties without prior express written consent
from Thunder Mountain Wireless.
1.1.20 engage in any commercial or business activities
using a residential account without prior express written consent from
Thunder Mountain Wireless;
1.1.21. run business programs or business servers that
provide network services to others through these Services which includes, but is
not limited to, web hosting, peer to peer music sharing, multi-user interactive
forums, game servers, operating an internal mail/http/ftp/irc/dhcp server to
serve external connections or support multi-user interactive forums; The only
exception to this policy is the use and sole use of a “personal web and or mail
server” to host your own personal mail and website of you or immediate family
members.
1.2 You are responsible for
ensuring that your usage of the Services does not improperly restrict, degrade
or adversely affect any other user's use of the Services, nor represent, in
Thunder Mountain Wireless sole judgment, an unusually large burden on the
network itself. You must comply with the then current bandwidth, data storage
and other limitations on the Services. If Thunder Mountain Wireless determines
that your account is exceeding the bandwidth limits, you will be notified by
mail or e-mail. If the excess use continues for more than 10 days, the Services
may be suspended or terminated. If excessive bandwidth utilization is determined
by Thunder Mountain Wireless to adversely affect Thunder Mountain Wireless
ability to provide the Services for its other customers, immediate action may be
taken to alleviate the problem. In such event, you will be notified by mail,
phone call or e-mail as soon as practicable.
1.3 Except for information,
products or services clearly identified as being supplied by Thunder Mountain Wireless,
Thunder Mountain Wireless does not operate or control any
information, products or services on the Internet.
1.4 The Internet contains
unedited materials that may be offensive or objectionable to you. You access
these materials at your own risk. Thunder Mountain Wireless has no control over
and accepts no responsibility for these materials. Customer may wish to utilize
software designed to limit access to certain material on the
Internet.
1.5 YOU UNDERSTAND
THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS
OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL
ACTUAL DAMAGES AND PROFITS, ATTORNEY’S FEES, COSTS, OR THE COURT MAY AWARD
STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE
FINES AND IMPRISONMENT.
1.6 Thunder Mountain Wireless may take any action it deems
appropriate without notice to protect the Services and its facilities for
provision of the Services. If Thunder Mountain Wireless denies you access to the Services
pursuant to this Section, you will have no right: (i) to access through Thunder Mountain
Wireless any materials stored on the Internet, or (ii) to access third party
services, merchandise or information on the Internet through Thunder Mountain Wireless,
and Thunder Mountain Wireless will have no responsibility to notify any third-party
providers of services, merchandise or information nor any responsibility to any
consequences resulting from lack of notification.
1.7 Thunder Mountain Wireless has no
obligation to monitor the Services. You agree that Thunder Mountain Wireless has the right
to monitor the Services electronically from time to time, and you consent to
Thunder Mountain Wireless’s access, use and disclosure of any information as necessary to
satisfy any law, regulation or other governmental request, to operate the
Services properly, to improve the Services, or to protect itself or its
customers. Thunder Mountain Wireless reserves the right to refuse or to remove any
information or materials, in whole or in part, that in its sole discretion are
unacceptable, undesirable, or in violation of this Agreement.
1.8 If you wish
to make purchases on the Internet, you may be asked by the merchant or service
provider from whom you are making the purchase to supply certain information,
including credit card or other payment mechanism information. You agree that all
information you provide any merchant or information or service provider on the
Internet for the purposes of making purchases will be accurate, complete and
current. The merchants and information and service providers offering
merchandise, information and services on the Internet set their own prices and
may change prices or institute new prices at any time. You agree to pay all
charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when the charges are incurred. You also will
be responsible for paying any applicable taxes relating to purchases on the
Internet.