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Managed Internet Acceptable Use Policy

Audian Acceptable Use Policy

Revised and Effective March 22, 2018

Why is Audian providing this Policy to me?

Audian's goal is to provide its customers with the best residential Internet service possible. In order to help accomplish this, Audian has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the residential Internet service, including Audian-provided WiFi Internet service (collectively, the “Service”). All residential Internet customers (the “customer,” “user,” “you,” or “your”) and all others who use the Service must comply with this Policy. Your failure, or others’ failure, to comply with this Policy could result in the suspension or termination of your or their Service accounts. Therefore, you should take steps to ensure that others you permit to use your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify Audian to close your account.

How will I know when Audian changes this Policy and how do I report violations of it?

Audian may revise this Policy from time to time by posting a new version on the web site at https://audian.com/page/audian-acceptable-use-policy  or any successor URL(s) (the “Audian Web site”). Audian will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the Audian Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any Audian announcements they receive and regularly visit the Audian Web site and review this Policy to ensure that their activities conform to the most recent version. For questions regarding this Policy or to report child exploitation or another child-related incident involving the Internet email us at [email protected].

I. Prohibited Uses and Activities

What uses and activities does Audian prohibit?

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Audian Equipment, either individually or in combination with one another, to:

CONDUCT AND INFORMATION RESTRICTIONS

  • undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  • participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • falsify, alter, or remove message headers;
  • falsify references to Audian or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

TECHNICAL RESTRICTIONS

  • access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • copy, distribute, or sublicense any proprietary software provided in connection with the Service by Audian or any third party, except that you may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
  • use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
  • service, alter, modify, or tamper with the Audian Equipment or Service or permit any other person to do the same who is not authorized by Audian;

NETWORK AND USAGE RESTRICTIONS

  • use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting);
  • use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
  • restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
  • impede others' ability to use, send, or retrieve information;
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Audian (or Audian supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Audian (or Audian supplier) facilities used to deliver the Service;
  • resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of Audian-provided WiFi service in accordance with its then-current terms and policies;
  • connect the Audian Equipment to any computer outside of your Premises;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; or
  • access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.

II. Customer Conduct and Features of the Service

What obligations do I have under this Policy?

You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as a friend, family member, or guest). Audian recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Audian and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

In all cases, you are solely responsible for the security of any device you connect to the Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Audian that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

How does Audian address inappropriate content and transmissions?

Audian reserves the right to refuse to transmit or post, and to remove or lock, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Audian's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Audian nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Service. However, Audian and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.

What requirements apply to electronic mail?

The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, Audian uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

If Audian believes in its sole discretion that any subscriber name, account name, or email address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Audian (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Audian may at any time reserve any identifiers on the Service for its own purposes.

III. Network Management

Why does Audian manage its network?

Audian manages its network with one goal: to deliver the best possible Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Audian works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. Audian tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

The need to engage in network management is not limited to Audian. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Audian does. If the company didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, Audian can deliver the best possible broadband Internet experience to all of its customers.

How does Audian manage its network?

Audian uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Audian may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

IV. Data Consumption

What data consumption requirements apply to the Service?

Audian does not currently apply a monthly data consumption threshold to Audian Internet accounts. The company retains the right to trial or adopt a different data consumption threshold or other usage plan for the Service at any time. If we do this we will notify customers and, if necessary, post an updated version of this Policy.

V. Violation of this Acceptable Use Policy

What happens if you violate this Policy?

Audian reserves the right to  immediately  suspend or apply other interim measures in its sole discretion to your Service, or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement, or if anyone else you permit to access the Service violates this Policy. In that event, Audian also reserves the right to downgrade, suspend, or terminate other Audian services you receive.

Audian does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with Section IV of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Audian has no obligation to monitor the Service and/or the network. Audian and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Audian users.

Audian prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Audian also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Audian's intervention. However, if the Service is used in a way that Audian or its suppliers, in their sole discretion, believe violates this Policy, Audian or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Audian nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Audian's exclusive remedies and Audian may take any other legal or technical actions it deems appropriate with or without notice.

Audian 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 and data on Audian's servers and network. During an investigation, Audian may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Audian and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Audian is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).

VI. Copyright

How does Audian communicate with customers about copyright?

Audian is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or access, share or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Audian complies with the Digital Millennium Copyright Act and provides a method for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them. You may receive notices or alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.

What is Audian's DMCA policy?

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements to us. In accordance with the DMCA and other applicable laws, Audian also maintains a policy to terminate the Service, in appropriate circumstances, provided to any customer or user who is a repeat infringer of third party copyright rights. Audian’s repeat infringer policy includes graduated or escalated alerts of alleged infringements, acknowledgement of alerts, suspension of the Service, the application of other interim measures determined in its sole discretion to the Service, and, in appropriate circumstances, termination of the Service (and other services provided by Audian to you). Audian also reserves the right to terminate the Service at any time with or without notice for any affected customer or user who Audian, in its sole discretion, believes is infringing any copyright or other intellectual property rights.

How do copyright owners report alleged infringements to Audian under the DMCA?

Copyright owners may report alleged infringements of their works by sending Audian's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Audian's receipt of a satisfactory notice of claimed infringement for these works, Audian will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). Audian will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Copyright owners may send Audian a notification of claimed infringement to report alleged infringements of their works under the DMCA to:

Audian, Inc.

11232 120th Ave NE Ste 206

Kirkland, WA 98033

Phone: 844-611-6110

Fax: 844-737-7375

Email: [email protected]

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Audian, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

What can customers do if they receive a DMCA notification of alleged infringement?

If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Audian. Upon Audian's receipt of a counter notification that satisfies the requirements of the DMCA, Audian will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Audian will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Audian's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.