Acceptable Use Policy

Acceptable Use Policy

Introduction

Siuslaw Broadband LLC dba Hyak’s Acceptable Use Policy (“AUP”) for Hyak products and services is designed to help protect Hyak, Hyak’s customers, and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities. Subject to Hyak’s Privacy Policy, Hyak makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data information transmitted via any server designated as “secure.”

As an Internet Service Provider, it is not practical for Hyak to monitor the content of information passing through its network. Hyak exercises no control whatsoever over the content of any information passing through its network and is not responsible for damages customers may suffer for any reason. Any persons or organizations, including Hyak customers, who publish material or information made accessible through Hyak networks are solely responsible for the content of such material and information, and are solely responsible to know and comply with the laws applicable to the publication of such materials and information. Hyak will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.

Customer Responsibilities

Each Hyak customer is responsible for the activities of all end-users and, by accepting service from Hyak, agrees to inform its customers and/or end-users of this AUP or its own Acceptable Use Policy, which must not be inconsistent with the terms herein.

Prohibited Conduct

Hyak services are only to be used for lawful and appropriate purposes. Customers may not transmit, retransmit, or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation, or material infringing trademarks or copyrights. Hyak customers may not abuse or fraudulently use Hyak products and services, nor allow nor permit such use by others.

The following activities illustrate some, but not all, prohibited uses under this AUP:

• Child Pornography: It is illegal under Federal child exploitation statutes to possess, produce, receive, transport, or distribute by any means, including computer, visual depictions of “sexual intercourse” and/or “sexually explicit conduct” involving children.
• Inappropriate Content: Using the services to transmit, distribute, or store material that, as reasonably determined by Hyak, is inappropriate, obscene, defamatory, libelous, threatening, abusive, hateful, or excessively violent.
• Denial of Service: Engaging in any activity that will interfere or attempt to interfere with the service of any other user, host, or network on the Internet. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express written consent from the IP Security Manager.
• Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
• Forging Headers: Forging or misrepresenting any message header, in part or whole, of any electronic transmission, originating or passing through the Hyak network.
• Email Spamming or Mailbombing: The transmitting of unsolicited Email to multiple recipients, sending large amounts of Email repeatedly to a person to harass or threaten, or any attempt to use Hyak servers as a mail drop or name server for SPAM. Sending unsolicited bulk Email from another Internet service provider’s network advertising or implicating any service hosted or provided by Hyak, including without limitation Email, web, FTP, and DNS services.
• Fraudulent Activities: Fraud is an intentional misrepresentation or misleading statement, writing, or activity made with the intent that the person receiving it will act upon it, or, obtaining or attempting to obtain service by any means or device with intent to avoid payment.
• Unauthorized Access: Illegal or unauthorized access to other computers, accounts, or networks: Accessing, or attempting to access, any computer resource belonging to another party, or attempting to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
• Network Sabotage: Any use of Hyak products and services to interfere with the use of Internet resources or the Hyak network by other customers or end-users.
• Pyramid Schemes: A fraudulent system of achieving financial gain, which requires an endless stream of recruits for success.
• Unlawful Acts: Any use of Hyak products and services to violate the law or in aid of any unlawful act.
• Usenet Spamming: Posting of messages to newsgroups that are irrelevant, blanket posting of messages to multiple newsgroups, and the posting of harassing and/or threatening messages.
• Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Violations and Enforcement

At Hyak’s sole discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of service if the customer does not cease the violation. If Hyak deems it necessary or prudent, it may immediately suspend or terminate service with or without notice if Hyak determines that a violation of the AUP has occurred. Hyak will enforce this AUP according to the severity of the offense and violator’s history of prior AUP infringements. Repeated offenses will result in immediate termination of service. Hyak is not liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Hyak exercising its rights under this AUP. Hyak has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the Hyak network but may do so at its discretion. Therefore, Hyak does not assume liability for any party’s violation of the AUP or failure to terminate a customer’s violation. Hyak reserves the right to charge time and materials to resolve customer issues that are not resolved by the customer in a timely manner.

Hyak reserves the right to modify this AUP at any time without prior notification to customers.