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Acceptable Use Policy – Helio Broadband
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Acceptable Use Policy

Acceptable Use Policy

PLEASE READ THE FOLLOWING AS IT SETS FORTH THE GUIDELINES AND RULES FOR ACCEPTABLE USE OF HELIO BROADBAND SERVICES AND SETS FORTH CONDUCT THAT IS EXPRESSLY PROHIBITED. IF YOU DO NOT AGREE TO BE BOUND BY THIS DOCUMENT YOU MUST END YOUR USE OF HELIO BROADBAND SERVICES IMMEDIATELY.
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1. INTRODUCTION

Helio Broadband, LLC (“Helio Broadband”) has established this Acceptable Use Policy (“AUP”) to enhance the use of the Internet by preventing unacceptable use. All users of Helio Broadband’ Internet services (the “Services”) – those who access some of our Services but do not have accounts as well as those who pay a monthly service fee to subscribe to the Services (collectively “Customers”) – are bound by and must comply with this AUP. In addition, certain Services (as indicated on this website) have a service specific Acceptable Use Policy which applies to such Service in addition to this AUP.

Helio Broadband supports unrestricted transfer of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we generally do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, in accordance with our Internet Services Terms and Conditions, we may remove any materials that, in our sole discretion, may be illegal, may arguably subject us to liability, or which may violate this AUP or any additional service specific AUP. Helio Broadband will cooperate with law enforcement authorities in the investigation of any suspected or alleged crime. Helio Broadband will also respond to any subpoena, court order or other legal process. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Helio Broadband account or other actions as detailed in Section III. Such action may be taken with or without notice depending on the severity of the violation and at Helio Broadband’s sole discretion. This AUP should be read in conjunction with our Internet Service Terms and Conditions, service specific AUPs and any other policies. Helio Broadband reserves the right to amend, revise or modify this AUP (or any service specific AUP) at any time and such amendment, revision or modification shall be effective upon the inclusion of such in text of this AUP (or service specific AUP) and use of the Services thereafter.
As an account holder or user of Helio Broadband Services you bear full responsibility for communications and/or content provided via your Helio Broadband account and use of the particular Service.

Helio Broadband does not assume the responsibility to and does not actively monitor communications provided by users or from outside sources. Unless and until notified, Helio Broadband is not likely to be aware of any violations of this AUP or legal violations. Helio Broadband expects all users to notify us of any legal violations, violations of this policy or other matters of concern.

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2. VIOLATIONS OF HELIO BROADBAND’S ACCEPTABLE USE POLICY

The following constitute violations of this AUP and you agree to refrain from such activities:

A. Illegal or Potentially Illegal Use. Using the Services to transmit or make available any material (by e-mail, uploading, posting, or otherwise) or activity that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under or gives the indication that such violation may be occurring. By way of example, and not limitation, such activity would include the receipt or distribution of material potentially deemed obscene under current statutes or the offering of escort/exotic modeling services and related activities.

B. Harm to minors. Using the Services to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way. This includes but is not limited to the collection of information from children in violation of the 1998 Children’s Online Privacy Protection Act.

C. Threats. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

D. Harassment. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another either by the frequency of the activity or by the content.

E. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.” E-mail that consists of make-money-fast schemes, pyramid or chain letters, unsolicited commercial information and/or information offensive to the recipient is prohibited.

F. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed.

G. Unsolicited commercial e-mail/ Unsolicited bulk e-mail. Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail (e.g. spamming) is prohibited. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature, are prohibited. Subscribing email addresses to any mailing list without express and verifiable permission of the email address owner is prohibited. Any mailing lists run by Helio Broadband customers must be confirmed opt-in, and the subscription confirmation message received from each address owner must be kept on file for the duration of the mailing list existence. Purchasing email addresses from 3rd parties for mailing is prohibited. Any solicited bulk email from an Helio Broadband customer requires a valid reply-to address, clear opt-out/unsubscribe option, and proof of subscription to avoid a $150 abuse administration fee per complaint. All content in email must be legal and not include phishing, scams, copyright infringement, nor contain content violating any applicable laws. Helio Broadband customers must refrain from sending email to a user after receiving a request to stop. Helio Broadband customers may not alter the headers of email messages to conceal email address, or to prevent customers from responding to messages. Helio Broadband customers who generate unsolicited email complaints, cause IP address blacklistings, are a relay source for unsolicited email, or facilitate mail bombing are subject to abuse administration fees and other related charges, and may be disabled without notice.

H. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Helio Broadband’s 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. Security violations include but are not limited to: 1) attempts to compromise or gain unauthorized access to any other Internet account or unauthorized system 2) altering the header of e-mail messages that conceal your e-mail address or prevents recipients from responding 3) interfering with any user, system or network, including any denial of service attack 4) any use or distribution of tools designed for compromising security including cracking tools, network probing tools, programs for guessing passwords or credit card numbers and any application that allows the remote control of another system without the knowledge of that systems operator.

I. Copyright or trademark infringement. Using the Services to transmit any material (by e-mail, 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, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

J. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

K. Reselling the services. Reselling the Services without Helio Broadband’s written authorization including sharing services or network access with anyone other them a resident of the same apartment or home.

L. Network disruptions and unfriendly activity. Using the Services for any activity that adversely affects the ability of other people or systems to use Helio Broadband’s Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, websites or network equipment is prohibited. It is the Customer’s responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network or access for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

M. News. Helio Broadband Customers should use their best judgment when posting to any newsgroup or chat room. Many groups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group’s “intended” use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup.
Helio Broadband considers “multiposting” to 10 or more groups within any ten-day period to be excessive.
Helio Broadband Customers may not cancel messages other than their own messages. A Customer may cancel posts forged in that Customer’s name. Helio Broadband may cancel any postings that violate this AUP.
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3. ENFORCEMENT

Helio Broadband requests that reports of AUP violations be emailed with relevant information to support@heliobroadband.com. If available, provide all evidence of the alleged violation including full email header information, IP address, data and time, or other supporting information. Helio Broadband reserves the right to suspend, block or cancel access to any and all Services when, in our judgment and sole discretion, an account may have violated this AUP. Helio Broadband, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP:
 Issue written or verbal warnings.
 Suspend the Customer’s account.
 Terminate the Customer’s account.
 Bill the Customer for administrative costs and/or reactivation charges.
 Bring legal action to enjoin violations and/or to collect damages, if any, caused by violation.
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Helio Broadband reserves the right to modify these policies with no prior notice in it’s sole discretion to maintain the integrity of it’s network and to comply with Local, State and Federal laws by posting updates to these policies at any time.