Acceptable Use Policy
DownloadACCEPTABLE USE POLICY
FOR
HONEST NETWORKS, LLC.
INTERNET ACCESS SERVICES - COMMERCIAL
HONEST’S ACCEPTABLE USE POLICY AND HOW IT APPLIES TO USERS
Honest’s goal is to operate a secure and reliable Internet access and data transport network that provides users with best-in-class, high-speed Internet services (the “Services”). That is why Honest has created this Acceptable Use Policy (“AUP”) – to ensure the proper use and integrity of its state-of-the-art network so that all of Honest’s customers and Services users (collectively, “Users”) consistently enjoy the speeds, features and benefits it offers. This AUP is in addition to any other restrictions contained in any applicable terms and conditions or other agreements for commercial services. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the applicable customer agreements (“Customer Agreements”).
To that end, Honest takes this AUP very seriously and reserves the right to restrict, suspend or terminate access to the Services and/or account with Honest, without notice, if User uses the Services in violation of this AUP or the Customer Agreements, as well as to take any appropriate legal or other action to enforce them (such as takedown or blocking of content without notice). Termination charges may apply if set forth in the Customer Agreement. Honest reserves the right, in its sole and absolute discretion, to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that Honest deems to be in violation this AUP or that otherwise may be harmful to Honest’s network or other Users using the Services, regardless of whether such materials or their dissemination is unlawful.
Neither Honest nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including e-mail, file transfer, blog, newsgroup, and instant message transmissions, or materials available on Web pages and online storage features) made available through the Services; provided that Honest may monitor these transmissions and postings from time to time for violations of this AUP and disclose, block, or remove them in accordance with this AUP, the Customer Agreements and/or applicable law.
In no event shall Honest have any liability whatsoever to Users for damages incurred by Users or any third party in connection with Honest’s enforcement of this AUP.
By using the Services, Users are required to observe and comply with this AUP and the Customer Agreements. If a User does not wish to be bound by the AUP and/or Customer Agreements, then User may not use the Services and/or immediately must cease using the Services and notify Honest of such discontinuance, as commencement or continued use of the Services shall be deemed to constitute User’s agreement to be bound by the AUP and Customer Agreements. While User’s computers and other devices that are connected to the Internet may be accessed or used by other people, software or devices without User’s knowledge or participation, User remains responsible for all such unauthorized access and uses. User is solely responsible to secure User’s connected devices (including the data on those devices) and systems to prevent such unauthorized access and uses or to protect against external threats such as viruses, spam, or other methods of intrusion.
User has sole responsibility to protect children, minors and other socially dependent persons from access to inappropriate Internet content, applications and websites while using the Services. If children have access to the Services, Honest encourages you to use online parental controls and to carefully supervise online activity.
Honest may amend this AUP and/or Customer Agreements at any time and from time to time. For a copy of the AUP, visit Honest’s website at www.honest.net. Honest will use reasonable efforts to make customers aware of any changes to the AUP, which may include sending email notices or posting information about changes to its website. Revised versions of the AUP are effective immediately upon
Honest’s goal is to operate a secure and reliable Internet access and data transport network that provides users with best-in-class, high-speed Internet services (the “Services”). That is why Honest has created this Acceptable Use Policy (“AUP”) – to ensure the proper use and integrity of its state-of-the-art network so that all of Honest’s customers and Services users (collectively, “Users”) consistently enjoy the speeds, features and benefits it offers. This AUP is in addition to any other restrictions contained in any applicable terms and conditions or other agreements for commercial services. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the applicable customer agreements (“Customer Agreements”).
To that end, Honest takes this AUP very seriously and reserves the right to restrict, suspend or terminate access to the Services and/or account with Honest, without notice, if User uses the Services in violation of this AUP or the Customer Agreements, as well as to take any appropriate legal or other action to enforce them (such as takedown or blocking of content without notice). Termination charges may apply if set forth in the Customer Agreement. Honest reserves the right, in its sole and absolute discretion, to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that Honest deems to be in violation this AUP or that otherwise may be harmful to Honest’s network or other Users using the Services, regardless of whether such materials or their dissemination is unlawful.
Neither Honest nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including e-mail, file transfer, blog, newsgroup, and instant message transmissions, or materials available on Web pages and online storage features) made available through the Services; provided that Honest may monitor these transmissions and postings from time to time for violations of this AUP and disclose, block, or remove them in accordance with this AUP, the Customer Agreements and/or applicable law.
In no event shall Honest have any liability whatsoever to Users for damages incurred by Users or any third party in connection with Honest’s enforcement of this AUP.
By using the Services, Users are required to observe and comply with this AUP and the Customer Agreements. If a User does not wish to be bound by the AUP and/or Customer Agreements, then User may not use the Services and/or immediately must cease using the Services and notify Honest of such discontinuance, as commencement or continued use of the Services shall be deemed to constitute User’s agreement to be bound by the AUP and Customer Agreements. While User’s computers and other devices that are connected to the Internet may be accessed or used by other people, software or devices without User’s knowledge or participation, User remains responsible for all such unauthorized access and uses. User is solely responsible to secure User’s connected devices (including the data on those devices) and systems to prevent such unauthorized access and uses or to protect against external threats such as viruses, spam, or other methods of intrusion.
User has sole responsibility to protect children, minors and other socially dependent persons from access to inappropriate Internet content, applications and websites while using the Services. If children have access to the Services, Honest encourages you to use online parental controls and to carefully supervise online activity.
Honest may amend this AUP and/or Customer Agreements at any time and from time to time. For a copy of the AUP, visit Honest’s website at www.honest.net. Honest will use reasonable efforts to make customers aware of any changes to the AUP, which may include sending email notices or posting information about changes to its website. Revised versions of the AUP are effective immediately upon
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posting. Accordingly, it is User’s responsibility to periodically check this AUP to ensure that User is fully informed of the current AUP and is in continued compliance with such policies.
PROHIBITED USES OF THE SERVICES
The Service is for commercial use only in a small, medium, or large business as determined by the applicable Customer Agreement. The following is a non-exhaustive list of certain prohibited uses of the Services. Users may not use the Services:
Regarding Violations of Law
~In violation of any law, rule or regulation.
Regarding Resale and Expanded Use
~For resale or to permit or facilitate the use of the Services, in whole or in part, directly or indirectly, by other persons or entities, regardless of whether for a fee or profit, and regardless of the method (e.g., through Wi-Fi or other methods of networking).
~To use or run programs or dedicated, stand-alone equipment or servers from a User’s premises that provide network content or any other services to anyone outside of such premises’ local area network, also commonly referred to as public services or servers.
Regarding Network Management
~In any manner that interferes with Honest’s ability to effectively manage its network. Honest may use various tools and techniques to operate and protect the security and integrity of its network, which may include tools to detect and quarantine malicious traffic, prevent the distribution or promulgation of viruses and other malicious code, monitor traffic for usage patterns, etc.
~To restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to Honest’s Services or any host, server, backbone network, node or service, or otherwise cause a performance degradation to any facilities used to deliver the Services.
~In any manner that interferes with Honest’s ability to provide Services to other Users, including any actions that result in excessive consumption or utilization of network resources or bandwidth or that may weaken network performance, reliability or security. Honest reserves the right to impose limits on excessive bandwidth consumption (for example, usage that exceeds User’s contracted usage, that places an unusually large burden on the network, that Honest deems to be aberrational or above normal usage or a typical commercial user of the Service, excessive bulk transfers or files or other high capacity traffic using file traffic protocol, peer-to-peer applications, or user-generated content, that occurs during times of emergency or other situations causing temporary Internet traffic spikes, etc.) via any means available to Honest.
~To alter, modify, forge or tamper with such IP address, customer ID or any TCP/IP packet header or header information in an email or newsgroup posting.
~To connect Honest-provided equipment or Services to any computer or other device outside of User’s premises.
~To access and use the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"), unless otherwise expressly permitted by the Customer Agreement.
Regarding Third Parties and Third-Party Networks and Sites
PROHIBITED USES OF THE SERVICES
The Service is for commercial use only in a small, medium, or large business as determined by the applicable Customer Agreement. The following is a non-exhaustive list of certain prohibited uses of the Services. Users may not use the Services:
Regarding Violations of Law
~In violation of any law, rule or regulation.
Regarding Resale and Expanded Use
~For resale or to permit or facilitate the use of the Services, in whole or in part, directly or indirectly, by other persons or entities, regardless of whether for a fee or profit, and regardless of the method (e.g., through Wi-Fi or other methods of networking).
~To use or run programs or dedicated, stand-alone equipment or servers from a User’s premises that provide network content or any other services to anyone outside of such premises’ local area network, also commonly referred to as public services or servers.
Regarding Network Management
~In any manner that interferes with Honest’s ability to effectively manage its network. Honest may use various tools and techniques to operate and protect the security and integrity of its network, which may include tools to detect and quarantine malicious traffic, prevent the distribution or promulgation of viruses and other malicious code, monitor traffic for usage patterns, etc.
~To restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to Honest’s Services or any host, server, backbone network, node or service, or otherwise cause a performance degradation to any facilities used to deliver the Services.
~In any manner that interferes with Honest’s ability to provide Services to other Users, including any actions that result in excessive consumption or utilization of network resources or bandwidth or that may weaken network performance, reliability or security. Honest reserves the right to impose limits on excessive bandwidth consumption (for example, usage that exceeds User’s contracted usage, that places an unusually large burden on the network, that Honest deems to be aberrational or above normal usage or a typical commercial user of the Service, excessive bulk transfers or files or other high capacity traffic using file traffic protocol, peer-to-peer applications, or user-generated content, that occurs during times of emergency or other situations causing temporary Internet traffic spikes, etc.) via any means available to Honest.
~To alter, modify, forge or tamper with such IP address, customer ID or any TCP/IP packet header or header information in an email or newsgroup posting.
~To connect Honest-provided equipment or Services to any computer or other device outside of User’s premises.
~To access and use the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"), unless otherwise expressly permitted by the Customer Agreement.
Regarding Third Parties and Third-Party Networks and Sites
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~To restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Services (except for tools for safety and security functions such as parental controls, for example), including posting or transmitting any information or software that contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information.
~To access or attempt to access any other person’s or entity’s computer, device, software, data, network or system without their knowledge or consent.
~To breach or attempt to breach the security or protective measures employed by any computer, device, software, network or account of any person or entity, This includes, but is not limited to, accessing data not intended for User, logging into or making use of a server or account that User is not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so, including (1) to circumvent or attempt to circumvent the user authentication features or security of any host, network or account; or (2) using or distributing tools designed or used for determining or compromising security, such as password guessing, decoders, password gathers, keystroke loggers, analyzers, packet sniffers, encryption circumvention devices, Trojan Horse programs and cracking tools. Unauthorized port scanning is strictly prohibited.
~To impersonate any person or entity, engage in sender address falsification, forge any other person or entity’s digital or manual signature, or perform any other similar fraudulent activity (such as phishing).
~In violation of the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Website that User accesses or uses.
~To interfere with computer networking or telecommunications service to any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash” a host.
~To make the Service available to any third party unless expressly permitted by Honest. It is not a violation of this AUP for a Customer to make the Service available to its authorized employees, contractors, or users (i.e., the public, customers of an establishment, hotel or motel guests and patrons, or persons in a residence hall or apartment building) as provided for in a Customer Agreement;
Regarding Content and Transmissions
~To access, upload, post, store, display, transmit or distribute information, data, information, content or material that (1) is illegal, threatening, harassing, hateful, terroristic, libelous, defamatory or otherwise injurious to any other person or entity; (2) is obscene, pornographic or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children or minors or otherwise may harm a minor; (3) violates, misappropriates, misuses or infringes the intellectual property, proprietary or other rights of any other person or entity (including copyrights, trademarks and service marks); (4) violates the privacy, reputation or dignity of any other person or entity; (5) contains software viruses or other malicious computer code; or (6) that constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation.
~To upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Services or otherwise that is protected by copyright or other intellectual property or proprietary right, without obtaining any required permission of the owner.
~To distribute programs that make unauthorized changes to software (cracks).
~To transmit, collect or harvest (1) responses from bulk, commercial or unsolicited messages (spam); (2) non-publicly available personal information about any person without their knowledge or consent; or (3)
~To access or attempt to access any other person’s or entity’s computer, device, software, data, network or system without their knowledge or consent.
~To breach or attempt to breach the security or protective measures employed by any computer, device, software, network or account of any person or entity, This includes, but is not limited to, accessing data not intended for User, logging into or making use of a server or account that User is not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so, including (1) to circumvent or attempt to circumvent the user authentication features or security of any host, network or account; or (2) using or distributing tools designed or used for determining or compromising security, such as password guessing, decoders, password gathers, keystroke loggers, analyzers, packet sniffers, encryption circumvention devices, Trojan Horse programs and cracking tools. Unauthorized port scanning is strictly prohibited.
~To impersonate any person or entity, engage in sender address falsification, forge any other person or entity’s digital or manual signature, or perform any other similar fraudulent activity (such as phishing).
~In violation of the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Website that User accesses or uses.
~To interfere with computer networking or telecommunications service to any User, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash” a host.
~To make the Service available to any third party unless expressly permitted by Honest. It is not a violation of this AUP for a Customer to make the Service available to its authorized employees, contractors, or users (i.e., the public, customers of an establishment, hotel or motel guests and patrons, or persons in a residence hall or apartment building) as provided for in a Customer Agreement;
Regarding Content and Transmissions
~To access, upload, post, store, display, transmit or distribute information, data, information, content or material that (1) is illegal, threatening, harassing, hateful, terroristic, libelous, defamatory or otherwise injurious to any other person or entity; (2) is obscene, pornographic or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children or minors or otherwise may harm a minor; (3) violates, misappropriates, misuses or infringes the intellectual property, proprietary or other rights of any other person or entity (including copyrights, trademarks and service marks); (4) violates the privacy, reputation or dignity of any other person or entity; (5) contains software viruses or other malicious computer code; or (6) that constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation.
~To upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Services or otherwise that is protected by copyright or other intellectual property or proprietary right, without obtaining any required permission of the owner.
~To distribute programs that make unauthorized changes to software (cracks).
~To transmit, collect or harvest (1) responses from bulk, commercial or unsolicited messages (spam); (2) non-publicly available personal information about any person without their knowledge or consent; or (3)
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email addresses, screen names or other identifiers of any person or entity without their prior consent, or deploying or using software or spyware designed to facilitate such activities.
~To send an unreasonable amount of (1) the same or substantially similar message; (2) empty messages or messages that contain no substantive content; or (3) messages or files that disrupt a server, account, blog, newsgroup, chat or other similar service (“mail bombing”).
~To engage in deceptive trade practices or consumer fraud, such as illegal gambling, “make money fast” schemes, chain letters, pyramid or other investment schemes, or to make or encourage other persons to accept fraudulent offers for services or products.
USE OF EQUIPMENT AND SOFTWARE PROVIDED BY HONEST
~User shall not copy, distribute, sublicense or permit the use by any other person or entity, any proprietary software that Honest provides in connection with its Services, except as otherwise permitted in the license (if any) that Honest provides with such software or under the Customer Agreements.
~User shall not use, disassemble, attempt to repair, alter, modify or tamper with any equipment that Honest provides in connection with its Services, nor permit any other person or entity to do the foregoing.
COPYRIGHT
All Users of the Service are expected to comply with U.S. copyright laws. Your business may not store any material or content on, or transmit any material or content through the Service in any manner that constitutes an infringement of third party’s intellectual property rights. Honest complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) that provides a process for copyright owners to communicate information about alleged infringements to Honest, and for Honest to inform its customers. Your business may receive notices under the DMCA if a copyright owner identifies your business’ Service account as having been used in connection with acts of alleged copyright infringement.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements. Honest, in accordance with applicable laws, reserves the right to terminate the Service provided to any User who is either found to infringe third party copyright or other intellectual property rights, or who Honest, in its sole discretion, believes is infringing these rights. Honest may terminate the Service at any time with or without notice for any affected User.
Copyright owners may report alleged infringements of their works that are stored on the Service by sending Honest's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Honest's receipt of a compliant notice of claimed infringement for these works, Honest will respond by either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or (ii) disable access to the work(s). Honest will also notify the affected User of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Honest a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
DMCA Notifications
Honest Networks
15 Maiden Lane
Suite 1101
New York, NY 10038
Phone: 844-846-6378
Email: support@honest.net
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes
~To send an unreasonable amount of (1) the same or substantially similar message; (2) empty messages or messages that contain no substantive content; or (3) messages or files that disrupt a server, account, blog, newsgroup, chat or other similar service (“mail bombing”).
~To engage in deceptive trade practices or consumer fraud, such as illegal gambling, “make money fast” schemes, chain letters, pyramid or other investment schemes, or to make or encourage other persons to accept fraudulent offers for services or products.
USE OF EQUIPMENT AND SOFTWARE PROVIDED BY HONEST
~User shall not copy, distribute, sublicense or permit the use by any other person or entity, any proprietary software that Honest provides in connection with its Services, except as otherwise permitted in the license (if any) that Honest provides with such software or under the Customer Agreements.
~User shall not use, disassemble, attempt to repair, alter, modify or tamper with any equipment that Honest provides in connection with its Services, nor permit any other person or entity to do the foregoing.
COPYRIGHT
All Users of the Service are expected to comply with U.S. copyright laws. Your business may not store any material or content on, or transmit any material or content through the Service in any manner that constitutes an infringement of third party’s intellectual property rights. Honest complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) that provides a process for copyright owners to communicate information about alleged infringements to Honest, and for Honest to inform its customers. Your business may receive notices under the DMCA if a copyright owner identifies your business’ Service account as having been used in connection with acts of alleged copyright infringement.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements. Honest, in accordance with applicable laws, reserves the right to terminate the Service provided to any User who is either found to infringe third party copyright or other intellectual property rights, or who Honest, in its sole discretion, believes is infringing these rights. Honest may terminate the Service at any time with or without notice for any affected User.
Copyright owners may report alleged infringements of their works that are stored on the Service by sending Honest's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Honest's receipt of a compliant notice of claimed infringement for these works, Honest will respond by either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or (ii) disable access to the work(s). Honest will also notify the affected User of the Service of the removal or disabling of access to the work(s).
Copyright owners may send Honest a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
DMCA Notifications
Honest Networks
15 Maiden Lane
Suite 1101
New York, NY 10038
Phone: 844-846-6378
Email: support@honest.net
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes
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misrepresentations alleging copyright infringement may be liable to Honest, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If your business receives a DMCA notification of alleged infringement as described above, and it believes in good faith that the allegedly infringing works have been removed or blocked by mistake, then your business may send a counter notice to Honest. Upon Honest's receipt of a counter notice that meets the requirements of the DMCA, Honest will provide a copy of the counter notice to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. Your business expressly agrees that Honest will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against your business, it can file a counter notification with Honest's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
If your business receives a DMCA notification of alleged infringement as described above, and it believes in good faith that the allegedly infringing works have been removed or blocked by mistake, then your business may send a counter notice to Honest. Upon Honest's receipt of a counter notice that meets the requirements of the DMCA, Honest will provide a copy of the counter notice to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. Your business expressly agrees that Honest will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against your business, it can file a counter notification with Honest's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
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