Windjammer Cable

Operator Acceptable Use Policy

Introduction
WINDJAMMER COMMUNICATIONS LLC (WJC) is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its Customers the ability to use WJC's network and the Internet without interference or harassment from other users. The WJC Acceptable Use Policy ("AUP") is designed to help achieve these goals.  As used herein, the term "you" or "Customer" refers to you as a customer to WJC's Services (as defined below).

By using Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users and Customer(s) accepts the non-exhaustive list of restrictions set forth in this AUP as well as those set forth in WJC's applicable service agreement and other subscriber policies and agrees to use the Services only for lawful purposes and not to use or allow others to use the Services in violation of the guidelines provided in this AUP. WJC reserves the right to change or modify the terms of the AUP at any time, effective when posted on WJC's web site at http://windjammercable.com/customer-service/subscriber-agreement/46-operator-acceptable-use-policy. Customer's use of the Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.  As such, you should regularly visit WJC"s website and review the posted AUP. 

Scope of the AUP
The AUP applies to the WJC services that provide (or include) access to the Internet, including hosting services (software applications and hardware), that are provided over the Internet or wireless data networks (collectively "Service(s)"). 

Prohibited Activities
General Prohibitions: WJC prohibits use of the Services in any way that is unlawful, harmful to or interferes with use of WJC's network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy. Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the WJC-branded website or from a website that contains WJC-branded content is a violation of this AUP. Unless you have specifically subscribed for commercial grade service, the Services are provided to you for personal, non-commercial use only.  You agree that you will not use, nor allow others to use, your home computer as a Web Server, FTP Server, file server or game server or to run any other server applications. You will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including by wireless means. The Services may not be used to engage in or foster any consumer fraud such as illegal gambling, "Make Money Fast" schemes, chain letters, Pyramid, or other investment schemes, or to make or encourage people to accept fraudulent offers by e-mail, USENET or other means, of products, items or services, originating from your account, or through a third party which implicates your account or to post or transmit off-topic or commercial messages on bulletin boards.  You may not engage in any of the prohibited activities described in this AUP by using the service of another ISP, while channeling such activities through your Service account or using this account as a mail drop for responses.  

Unlawful Activities: Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of WJC or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, abuses, defames or invades the privacy or rights of any other person or entity or threatens the health or safety of others.

Impersonation or Forgery: You agree that you will not, nor allow others to, impersonate another user, falsify one's user name, age, digital or manual signature or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. You agree that you will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service, or use an IP address not assigned to you.

Inappropriate Interaction with Minors: WJC complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography: Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to WJC at the following e-mail address: abuse@ibbs.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . WJC will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.  Spam/E-mail or Usenet abuse is prohibited using Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

• sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
• sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
• sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
• sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
• sending electronic messages, files or other transmissions that that create the potential for disruption of the WJC network or of the networks witch which WJC interconnects, by virtue of quantity, size or otherwise;
• using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
• using IP addresses that the Customer does not have a right to use;
• collecting the responses from unsolicited electronic messages;
• maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
• sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Services or the Internet (e.g., through language, frequency, size or otherwise);
• using distribution lists containing addresses that include those who have opted out;
• sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
• falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
• using redirect links in unsolicited commercial e-mail to advertise a website or service;
• posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
• intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
• knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
• using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations
Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use Service(s), including implementation of necessary patches and operating system updates. Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of WJC's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

• unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
• hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
• impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
• using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
• distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
• knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
• engaging in the transmission of pirated software;
• using manual or automated means to avoid any use limitations placed on the Services;
• providing guidance, information or assistance with respect to causing damage or security breach to WJC's network or systems, or to the network of any other Service provider;
• failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities; Network Management
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. WJC has no responsibility for any material created on the WJC's network or accessible using Services, including content provided on third-party websites linked to the WJC network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by WJC of the content(s) of such sites. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

WJC RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT NOTICE AT WJC'S SOLE DISCRETION IF YOU OR OTHERS WHO USE YOUR ACCOUNT VIOLATE THIS AUP.  Customer's failure to observe the guidelines set forth in this AUP may result in WJC taking actions anywhere from a warning to a suspension or termination of Customer's Services. When feasible, WJC may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

Without limiting the foregoing, WJC reserves the right to act immediately and without notice to limit, suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped or when WJC reasonably determines, that the conduct may: (1) expose WJC to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of WJC's network or networks with which WJC is interconnected, (3) interfere with another WJC Customer's use of Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to WJC or WJC Customers.

You agree that you will not use, nor allow others to use, the Internet Service to disrupt, restrict, destroy, impair or create any unusually large burden, disrupt any backbone network nodes or network service used by WJC on WJC's network, computer equipment, content, material, device or system whether owned by WJC or others. WJC has no obligation to monitor content of any materials distributed or accessed using the Services. However, WJC may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the WJC network and its customers.  The Service may not be used in a manner that interferes with WJC's efficient operation of its facilities, the provision of services or the ability of others to utilize the Service in a reasonable manner. WJC may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this AUP ("Network Management Tools"). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as WJC may from time to time determine appropriate.

You agree to indemnify, defend and hold harmless WJC and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any act prohibited by this AUP or resulting from your violation of this AUP. This paragraph will survive any termination or expiration of any applicable subscriber or service agreement.

WJC's failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that any portion of this AUP held invalid or unenforceable will as much as possible be construed consistent with the intent and applicable law; the remaining portions of this AUP will remain in full force and effect.

Bandwidth Consumption
WJC reserves the right to limit, suspend or terminate Service accounts where data consumption is not characteristic of a typical user of the Service as determined by WJC in its sole discretion. WJC has established a monthly data consumption threshold based on the Service the customer is currently subscribed to.  You understand that the actual speeds you may experience at any time will vary based on a number of factors, including the capabilities of your equipment, Internet congestion, the technical properties of the websites, content and applications that you access, and network management tools and techniques employed by WJC. The current monthly usage limits for each Service level are outlined below.  Use of the Service in excess of these limits per month is excessive use and is a violation of this AUP. You agree that WJC may change the bandwidth or other threshold limitation of any Service tier by amending this AUP or applicable Service agreement. Your continued use of the Service following such a change will constitute your acceptance thereof.  Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by WJC in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with WJC's ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced, that is a violation of this AUP. In these cases, WJC may, in its sole discretion, use technical means, including but not limited to suspending, reducing or terminating your Service account or requesting that you subscribe to another tier of the Service if you wish to continue to use the Service at higher data consumption levels, in each case, to ensure compliance with your tier of service and to ensure that WJC's Services operate efficiently. WJC may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans.  You agree that WJC has the right to monitor your usage patterns to facilitate the provision of WJC's Services and to ensure your compliance with the package of service you selected and to efficiently manage the network and the provision of the Services.  


Incident Reporting/Copyright Infringement
Any complaints regarding violation of this AUP by a WJC Customer (or its user) should be directed to abuse@ibbs.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Where possible, include details that would assist WJC in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act  to WJC's copyright agent Integrated Broadband Services and provide the following information:

(1)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WJC to locate the material;

(4)  Information reasonably sufficient to permit WJC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(5)  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6)  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information should be directed to:

Windjammer Communications LLC
c/o IBBS
Attn:  DMCA Notification
200 Chastain Center Blvd, Suite 200
Kennesaw, GA 30144

E-mail:  abuse@ibbs.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, WJC may notify the customer of the alleged infringement, and, if hosted on a WJC domain, remove or disable access to the material that is alleged to be infringing. No personal customer information is shared with the copyright owner unless required by law. WJC does not promise or undertake any duty to do any of the foregoing, except as required by applicable law.  NOTE: The information regarding copyright complaints is provided to you for informational purpose only, and is not intended as legal advice. If you believe your rights under United States copyright law have been infringed or are different from those stated herein, you may wish to consult with your attorney.

Contact Information: Any notification that WJC sends to its Customers pursuant to this AUP will be sent via e-mail to the e-mail address on file with WJC, or may be in writing to Customer's address of record. It is Customer's responsibility to promptly notify WJC of any change of contact information.