Hiawatha Broadband Communications Inc. (HBC) provides Internet access, email, hosting and other web site related services to its customers. To protect the interests of all its customers and to ensure optimal service levels at all times, HBC has developed the following Acceptable Use Policy (AUP) for customers as a guide to their rights and responsibilities when utilizing any and all of the services provided by HBC. Use of any of the services offered by HBC to any customer will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full and at its sole discretion by HBC. Continued use of services offered by HBC after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions that may have been made to the AUP. It is HBC’s policy to never request private information from you such as your password, driver’s license or social security number through an email correspondence. Should you receive such a request, please consider carefully before replying as THESE ARE NOT COMING FROM HBC. However, HBC is required by FCC regulation to inform you, the customer, by electronic methods when available, that a change has been made to your account. If you should receive such a message and you have not made a change to your account, then please contact us immediately.
Responsibility For Compliance
You are solely responsible for all activities that occur under your account. You have sole responsibility for ensuring that anyone who uses HBC’s services through your account understands and complies with this AUP. You are solely responsible for any violations of this AUP, whether by you or by anyone using the services through your account.
All services provided by HBC may be used strictly for lawful purposes only. HBC does not monitor, censor, edit or take any responsibility whatsoever for customer content or communications from within the network controlled by HBC, except in as much to determine if violations of the AUP have occurred once suspected violation has been brought to the written attention of the Abuse team at HBC. Customers are fully and solely responsible for the content and use of their service as provided by HBC and each and every customer should ensure that their use falls within the guidelines of this AUP. HBC cannot and will not monitor, censor, edit or otherwise interfere with information or content customers may retrieve from sources outside the HBC network, even when such information is made available to customers through material deliverable to any site or service maintained by HBC, such as email. Because of this, HBC will not be responsible for injury or liability to any customer resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the customer. Customers further agree to indemnify and hold harmless HBC or any of its subsidiaries from claims resulting from the use of any provided service, which damages the customer of any other party.
The sending of unsolicited email (spamming) from HBC server or referencing a domain hosted by HBC in any spam, whether originating from the HBC network or not, is forbidden. Should any such abuses be found whatsoever, HBC reserves the right to immediately and without notice terminate the account of the offending customer. Sites that promote, sell, or otherwise provide access to spam software products or email lists or bulk email addresses are not permitted on any HBC server.
Misuse of System Resources
To protect and maintain high availability of all its servers, activities designed to cause harm to or monopolize the resources of any server in the HBC network are strictly prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the website of an account; use of any provided mail services other than for the customer’s own account; resale of disk space without an appropriate resellers agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all type sites.
Illegal or Indecent Content
Use of any HBC service to make any illegal, indecent or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice. Please see Consequences of Unacceptable Use.
Privacy of Children
Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets (collectively, “Intellectual Property Rights”) held by any third party entity is prohibited. HBC may remove or suspend accounts that infringe on Intellectual Property Rights held by third parties when notified that such infringement exists or is alleged to exist. Accounts that repeatedly engage in such violations are subject to termination without notice.
Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the HBC network. In no instance will HBC be responsible for individual site material for which no authoritative documentation has been provided.
Any activity not defined above, but judged by HBC at its sole discretion to be harmful to other customers or general operations of the network, will be addressed on a case by case basis.
Consequences of Unacceptable Use
HBC reserves the right to suspend or terminate customer’s access to its services upon notice of a violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of customer, shall be considered violations of this policy by customer.
The Hiawatha Broadband Communications Inc. official designated agent to respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act, is identified below, along with contact information. The act requires the complainant to include certain information in a complaint, and providing that information in the initial contact may help speed resolution of the complaint. If HBC receives more than one Notice of Copyright Infringement on the customer’s part, the customer may be deemed a ‘repeat copyright infringer.’
Digital Millennium Copyright Act
The Digital Millennium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:
- A physical or electronic signature
- Identification of the infringed work
- Identification of the infringed material
- Contact information for the complainant, e.g. address, phone number, electronic mail address
- 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 or the law
- A statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act
Filing A Copyright Counter-Notification
You will want to consult an attorney for legal advice. However, if you believe that your service was not used to commit the alleged infringement, you believe that you have legal ownership of the material in question, or you have another legal right to file a counter-notice, you can file a copyright counter-notification with Hiawatha Broadband Communications Inc.
Note: When you file a copyright counter-notification, HBC will forward your notification to the copyright holder or its designated agent. This means that your notice, including your name, address and contact information will be shared with the copyright holder or its designated agent.
Visit DMCA (Digital Millennium Copyright Act) Counter-Claim for information on how to file a copyright counter-notification.