Catalina Broadband Solutions, LLC
ACCEPTABLE INTERNET USE POLICY
for all Commercial and Residential Customers
This Acceptable Internet Use Policy (“AIUP”) governs your use of the Internet Services (“Service”) provided by the Internet Service Provider, Catalina Broadband Solutions, LLC. (the “ISP”), whether you subscribe to the Service or not, and you agree to all the terms set forth herein.
Generally, the ISP does not monitor or edit the content posted by users of the Service or other Internet Services that may be available on or through the Service (e.g., newsgroups, chat rooms, message boards, etc.). However, the ISP and its agents reserve the right, at their sole discretion, to remove any content that, in the ISP’s judgment, does not comply with the AIUP or is otherwise harmful, objectionable, or inaccurate. The ISP is not responsible for any failure or delay in removing such content.
In addition, the ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AIUP may result in the suspension or termination of either your access to the Service and/or your ISP account. You agree to indemnify, defend, and hold the ISP harmless from any claims resulting from your use of this service, which damages you or another party. At our sole dis-cretion, we may revoke your access for inappropriate usage. Use of any information obtained via the Service is at your own risk. The ISP is not responsible for the accuracy, quality, or content of information obtained through the Service. This AIUP should be read in conjunction with our Internet Service Agreement and other policies.
The following constitute violations of the ISP’s AIUP:
(A) Using the Service to gain unauthorized access to any computer systems.
(B) Using the Service to transmit or receive any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder or to engage in any illegal or criminal activity in violation of local, state, national or international laws.
(C) Using the Service to interfere with access to the Internet by other parties or disrupt the network used by the ISP.
(D) Using the Service to harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability.
(E) Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
(F) Using the Service to harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another.
(G) Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
(H) Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
(I) Using the Service to transmit any unsolicited bulk email or bulk commercial email (even if opt-in) is prohibited. Activities that have the effect of facilitating unsolicited bulk email or bulk commercial email, whether or not that email is commercial in nature, is prohibited.
(J) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the ISP or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(K) Using the Service to copy or transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to:
(1) the unauthorized copying of copyrighted material including movies, television shows, radio programs, music or printed materials,
(2) the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or
(3) the unauthorized transmittal of copyrighted software.
(L) Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(M) Using the Service to harm minors in any way, including the uploading or downloading of child pornography.
(N) Reselling the Service without the ISP’s authorization.
3. EFFECTS OF VIOLATION OF THIS AIUP
(A) Violation of this AIUP may be by:
(1) the person subscribing to the Service,
(2) a member of the subscriber’s family or a guest who might have access to the Service through any equipment of the subscriber or equipment installed at the place of service,
(3) an unauthorized person who accesses the Service through an improperly or inadequately secured computer or wireless device belonging to the subscriber, or
(4) the use of “peer-to-peer” (“P2P”) software that allows the sharing of files by enabling computers with similar P2P software to communicate with each other and transfer files. (With many of these P2P services, when you download a file from another user, that file is indexed and your computer automatically becomes a distributor of that file to others.) Examples of such software include, but are not limited to, Limewire, Kazaa, Bearshare, BitTorrent, and Ares.
(B) Violation of this AIUP may result in the suspension or termination of either your access to the Service and/or your ISP account. A reactivation fee of $30.00 may be applied to your account by the ISP for each instance of suspension or termination before Service is reactivated.
(C) Illegally downloading copyrighted materials can result in civil and criminal action in which those found guilty of copyright infringement can face the following penalties:
(1) Fines of up to $250,000 – for each occurrence;
(2) Up to 5 years in jail, for a first offense, 10 years for a subsequent offense; and/or
(3) Resulting legal fees and damages which must be paid.
(D) Whenever files are illegally downloaded, Service may be suspended until the subscriber provides a signed letter to the ISP stating that the following has been accomplished:
(1) Downloading and/or uploading of unauthorized copies of the copyrighted materials has been discontinued;
(2) The illegally downloaded material has been permanently deleted from all computers and storage devices linked to the account and that all copies (CDs, DVDs, flash drives, etc.) have been erased or destroyed;
(3) If P2P software is not being used for lawful purposes, it has been deleted; and
(4) If P2P is used for lawful purposes, the only authorized files in the P2P “shared folder” are ones that are authorized to be distributed in this way and all others have been deleted.
(E) Notices sent by owners of copyrighted materials, or their agents, to the ISP will be forwarded to the subscriber and the subscriber may be required to provide proof to the ISP that all terms and conditions of the notice have been satisfactorily met before service will be restored.
(F) Violations of those parts of this AIUP involving violations of local, state, federal or international laws may result in prosecution by those entities.
4. BROADBAND USAGE
(A) yondoo Broadband has established a generous bandwidth usage policy designed to maximize the bandwidth available to our customers as a whole. In addition, to ensure the quality of service for all subscribers, unusual or excessive bandwidth usage that affects the ISP’s ability to provide quality service to its customers may result in appropriate action being taken by the ISP.
(B) Bandwidth utilization (the amount of bandwidth used by a customer in a calendar month before an overage charge is applied) is based on the tier of service requested by the customer:
(1) Basic Internet (Tier 1 Service) – up to .5 GB included in monthly service
(2) Standard Internet (Tier 2 Service) – up to 1 GB included in monthly service
(3) Premium Internet (Tier 3 Service) – up to 1 GB included in monthly service
(4) Unutilized bandwidth does NOT carry over to subsequent months
(C) By using the Service, you agree that you are responsible for bandwidth consumption over your connection and will comply with any limitations that are now in effect or may be established in the future. If your use of the Service results in bandwidth usage in excess of established policies or packages, ISP may, at its sole discretion, take actions to mitigate this, including but not limited to billing for excess bandwidth used, temporarily restricting or terminating data throughput from and/or to your connection, or terminating your account.
5. REVISIONS BY THE ISP OF THIS AIUP
The ISP reserves the right to revise, amend, or modify this AIUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be posted in accordance with the terms of the Internet Service Agreement.
If there are any questions about this AIUP or the responsibilities of the subscriber, please contact Catalina Broadband Solutions, LLC. at 310-510-0255.
This AIUP is subject to change.