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MaxxSouth Internet Service Acceptable Use Policy

MaxxSouth Broadband (“MaxxSouth”) is dedicated to providing high quality Internet service for our customers. As part of our efforts to accomplish that objective, MaxxSouth has implemented this Acceptable Use Policy (this “Policy”) for MaxxSouth High Speed Internet Service (the “Service”). This Policy is in addition to the terms and conditions set forth in the Service Agreement for MaxxSouth Broadband Services and the MaxxSouth Internet Privacy Policy.

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 MaxxSouth.

Prohibited Uses

You may not use the Service, any MaxxSouth 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 e-mails, screen names or other identifiers of any persons or entities without their prior consent, or participate in “spidering” or “web crawling” to pull or feed data from web pages;
  • 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, e-mail, 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 MaxxSouth (or MaxxSouth supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation or manipulation to any MaxxSouth (or MaxxSouth 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 MaxxSouth 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 MaxxSouth to do so;
  • access or use the Service with an Internet Protocol (“IP”) address other than an IP address provided for you by MaxxSouth, 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, proprietary business or personal use.

Excessive Bandwidth Consumption

Internet bandwidth and network resources are not unlimited. Managing MaxxSouth’s network is essential as MaxxSouth works to promote the use and enjoyment of the Internet by our customers. As explained above, the Service is for recreational, residential, proprietary business and personal use. MaxxSouth has established a monthly bandwidth usage limit per Service account. Service usage may not exceed the following limits for each type of subscriber account:

MaxxSouth Residential Services Monthly Bandwidth Usage Limit
Internet Service subscription up to 20 Mbps download speed 1.5 TB
Internet Service subscription from 21 Mbps up to 1 Gig download speed 2.0 TB
250 Mbps Fiber Internet Service subscription 3.0 TB
1 Gig Fiber Internet Service subscription Unlimited*

MaxxSouth Business Services Monthly Bandwidth Usage Limit
Internet Service subscription up to 25 Mbps download speed 1.5 TB
Internet Service subscription from 26 Mbps up to 1 Gig download speed 2.0 TB
Fiber Internet Service subscription Unlimited*

Use of the Service in violation of the limits above is a violation of this Policy.

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, MaxxSouth may, at its sole discretion, charge your account for data usage in excess of the stated limits per Gigabyte of excess, or suspend or terminate your Service account. MaxxSouth also has the option to request that you upgrade your Service level, or subscribe to a version of MaxxSouth’s commercial grade Internet service, if applicable, if you wish to continue higher bandwidth consumption levels. MaxxSouth’s determination of the level of bandwidth consumption by Service accounts is final and binding. MaxxSouth has no liability for any responsive action taken as a result of a violation of this Policy.

Email Accounts

Without limiting any other termination rights that MaxxSouth has under this Policy, MaxxSouth reserves the right to disable any e-mail account that is inactive for more than ninety (90) days, and to terminate any e-mail account that is inactive for more than one (1) year. MaxxSouth will consider an e-mail account inactive from the last date that you have logged into and accessed that e-mail account. In order to avoid having your e-mail account disabled, you must log into your e-mail account at least once every ninety (90) days. MaxxSouth is not responsible for forwarding e-mail sent to any account that has been disabled, suspended or terminated. At MaxxSouth’s discretion, any such e-mail will be returned to the sender, ignored, deleted, or stored temporarily. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted. MaxxSouth also reserves the right to delete any e-mail message in any e-mail 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 MaxxSouth deletes e-mail messages from your account, they may not be retrieved later. You are solely responsible for backing up and archiving any important e-mail.

MaxxSouth also reserves the right to establish and modify general practices and limits concerning the use of e-mail accounts, including without limitation, the maximum number of days that e-mail messages will be stored, the maximum number of e-mail messages that may be sent from or received by an e-mail account, the maximum size of any e-mail 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 MaxxSouth 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 MaxxSouth e-mail account. MaxxSouth may notify you of any such general practices or changes thereto by e-mail or posting information on MaxxSouth’s website.

Policy Violations

MaxxSouth, 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 MaxxSouth, 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.

MaxxSouth is not obligated to monitor the activity of Service accounts to determine whether there are violations of this Policy. However, MaxxSouth 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 MaxxSouth’s servers and network. The failure by MaxxSouth 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.

Policy Updates

MaxxSouth reserves the right to update or modify this Policy from time to time. Any such update or modification will be effective immediately upon posting. MaxxSouth 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 MaxxSouth’s website. Customers of the Service should read any MaxxSouth announcements that they receive and regularly visit the MaxxSouth website and review this Policy to ensure that their activities conform to the most current version.