Your use of STELLAR Broadband Service effectuates an agreement to be bound by the terms and conditions of this Acceptable Use Policy ("AUP"). STELLAR Broadband reserves the right to hold you accountable for the actions of anyone whom you allow to use the Service, whether knowingly or unknowingly. STELLAR Broadband reserves the right to unilaterally refuse, suspend, or terminate Service to anyone who violates the terms and conditions of this AUP or the Subscriber Service Agreement.
You represent, warrant, covenant, and agree that you will not engage in any of the types of conduct listed below, or allow any content on your computer to be used in violation of the following types of conduct, in conjunction with the utilization of the Service.
Prohibited Uses and Activities
Violations of the following may result in refusal, termination, or suspension of Service in accordance with the Subscriber Service Agreement:
- Inappropriate Use: transmitting, receiving, displaying, printing, forwarding, or otherwise disseminating material that is, in the reasonable judgment of STELLAR Broadband, fraudulent, illegal, harassing, tortuous, abusive, libelous, profane, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory, invasive of another's privacy, or constitutes illegal content, or potentially illegal content, of any kind under applicable law; utilizing, or allowing others to utilize, the Service to post or transmit any material that is likely to result in retaliatory attacks against STELLAR Broadband, its affiliates, or its contractors by an offended party.
- Illegal Use: utilizing, or allowing others to utilize, the Service to commit a crime, or to plan, encourage, aid, abet, help or assist others to commit a crime or otherwise violate any local, state, national or international law, including without limitation, any federal or state securities laws or export control laws;
- Harassment: utilizing, or allowing others to utilize, the Service to transmit material with an intent or result of harassing, abusing, defaming, threatening, or invading another's privacy.
- Forgeries, Fraud, or Impersonation: utilizing, or allowing others to utilize, the Service in an attempt to make, adapt, or imitate objects, statistics, or documents with the intent to deceive, mislead, or impersonate any person by falsifying one's identity, name, user name, company name, or age.
- Intellectual Property: uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software which is protected by patent, copyright, trademark, trade secret, rights of privacy, or other proprietary rights without first obtaining any necessary permission of the owner of such rights. Furthermore, User understands and acknowledges that STELLAR Broadband will not, and has no responsibility to, prevent User from violating any copyright or privacy laws. User may not utilize the Service to create sessions of peer-to-peer file sharing services for exchange of materials protected or potentially protected by copyright or trademark protection, or otherwise protected and proprietary, and not subject to public distribution without the owner's written consent. When appropriate, Users that are found to be repeat infringers will have their accounts terminated.
- DMCA: any and all activities conducted by User that constitute a violation of the Digital Millennium Copyright Act of 1998, and all associated subsequent legislation. This includes any use of the Service in the circumvention of access-control technology to access copyrighted works, unless that circumvention falls within one of the DMCA anti-circumvention exemptions.
- Unsolicited Email/Spamming: utilizing, or allowing others to utilize, the Service to send a user, user group, host, network, or other online system with unsolicited, inappropriate, or unwanted messages of any kind through any medium ("Spam"), including email, chat, instant messaging, blogs, SMS, and social networking.
- Spoofing: utilizing the Service to send an electronic message or file via the Internet in such a manner so as to make the message or file to appear to originate from a false source, such as another Internet user or domain altogether ("Spoofing" or "Forging a Header");
- IP addresses: attempting to use any other IP address than the one assigned by STELLAR Broadband DHCP server or the one assigned by STELLAR Broadband staff; misrepresenting your IP address or adapter address and/or using a translation scheme against RFC 1918 to misrepresent or hide your IP address or MAC address;
- Malicious Software: uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information, or software that contains, or is, or has characteristics of a virus, worm, Trojan horse, cancelbot, rootkit, self-replicating code, and/or other harmful component, program, or code;
- Disruptive Traffic/Hacking/Cracking: utilizing the Service to interfere with any computer network or interactive service to any user, user group, host, network, or other online system through any means, including but not limited to, flooding with ICMP traffic ("Denial of Service Attack"), overloading a service, improper seizing or abusing operator privileges, attempts to crash a system, and other intrusive or disruptive traffic, regardless of the point of origin; utilizing the Service in any manner to bypass, tamper, degrade, modify, attack, or to gain like access to STELLAR Broadband equipment and/or networks, either directly or indirectly; utilizing the Service in any manner to restrict, inhibit, or interfere with any other User's access to the Service; utilizing the Service in an attempt to circumvent User authentication or the security of any equipment, software or account ("Cracking"); accessing any other person's computer or computer system, network, or data, without his or her consent;
- Traffic Sniffing: utilizing, or allowing others to utilize, the Service to do traffic sniffing, monitor network usage, filter content, or spy and collect sensitive information, of STELLAR Broadband or any other person's network packets
- Violating Other Applicable Terms and Service: utilizing, or allowing others to utilize, the Service in such a manner so as to violate the terms and conditions, operating rules or security requirements of any other computer network or interactive service;
- Servers: utilizing the Service to host Web servers, proxy servers, DHCP servers, Email servers, or any other server that inordinately drains bandwidth or causes harm to the network; or,
- Reselling or Sharing the Service: utilizing, or allowing others to utilize, the Service to resell the Service or otherwise make available to anyone inside or outside the Unit the ability to use the Service (i.e. Wi-Fi, or other methods of networking). The Service is for residential, personal use only, and User agrees not to use the Service for operation as an Internet Service Provider or for any other for-profit, non-profit, or promotional business purpose;
Additional Affirmative Representations and Warranties
User also represents, warrants, covenants, and agrees that he/she will do the following in utilizing the Service or in utilizing any content on User's computer:
- provide recipients of unsolicited emails a clear and easily exercisable means to be excluded from additional emails from User;
- honor any request by any party to be excluded from unsolicited emails (which means among other things, that User will not provide such party's email address to any third party for the purpose of sending unsolicited email); and
- ensure that any email User sends clearly and accurately identifies the sender, the senders return email address and the email address of the originator
Reporting Alleged Copyright Infringement
Copyright owners may report alleged infringements of their intellectual property rights by sending a notification of claimed infringement that satisfies the DMCA requirements to STELLAR Broadband's authorized agent where the information is stored on STELLAR Broadband equipment. STELLAR Broadband shall expeditiously remove or disable access to the allegedly infringing material upon receiving satisfactory notice of claimed infringement, and shall provide notice to the affected user of the removal or disabling of access.
The DMCA imposes liability on anyone who knowingly makes misrepresentations regarding alleged copyright infringement, and anyone doing so may be liable to the alleged infringer, the affected copyright owner, and STELLAR Broadband for any damages and associated legal fees suffered as a result of STELLAR Broadband's reliance on the false claim, including the removal, blocking, or replacement of allegedly infringing material.
Please provide:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
- 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.
- 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.
Should the alleged infringing material exist on equipment not owned by STELLAR Broadband, STELLAR Broadband retains no liability for copyright infringement and no requirement to provide information revealing the identity of the user who allegedly infringed the owner's copyright. However, STELLAR Broadband does reserve the rights to provide this information to the relevant authorities should STELLAR Broadband deem it appropriate to do so.
STELLAR Broadband's authorized agent for notice of claims copyright infringement can be contacted as listed below:
Richard Laing
STELLAR Broadband
4480 South Hagadorn, Suite 102
Okemos, MI, 48864
Phone: 517.203.3096
Fax: 517.203.2210
Email: dmca@stellarbb.com
Users Rights Regarding Alleged Copyright Violations (Counter Notifications)
Users receiving notification of alleged infringement, who believe in good faith that the allegedly infringing material does not infringe copyrights, can send a counter notification to STELLAR Broadband through our authorized agent listed above. STELLAR Broadband will promptly notify the claiming party of the User's objection, and will restore the material to its location if the copyright owner does not bring a lawsuit in district court within 14 days. STELLAR Broadband remains not liable to any disputes or lawsuits regarding the alleged copyright infringement.
To file a counter notification, you must follow all requirements of 17 U.S.C. 512(g)(3). Please provide:
- The User's name, address, phone number, and physical or electronic signature.
- Identification of the material and its location before removal.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- A statement that the User consents to local federal district court jurisdiction.