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ACCEPTABLE USE POLICY What is the Insight Broadband High-Speed Broadband Internet Service Acceptable Use Policy? It is Insight's intent to provide our Customers with the best cable Internet service possible. In order to accomplish this task, we have adopted an AUP (Acceptable Use Policy) that is set forth below. This policy outlines the proper use of the Insight Broadband High-Speed Broadband Internet service (the "Service") as well as proper conduct on the Internet using the Service. These policies and use restrictions are in addition to restrictions contained in the Insight Broadband High-Speed Broadband Internet Service Agreement (the "Service Agreement") and any additional Insight policies. Terms provided in this AUP that are not defined herein shall have the same meaning as provided in the Service Agreement. All Insight Service Customers, Users, and any others who have access to Insight's network, are required to comply with this AUP. Customers are responsible and liable for any failure by the Customer or a User to comply with this policy or any other Insight policies. Small Business Customers are also required to establish and implement internal business practices for its authorized Users requiring compliance with this AUP. Failure to comply with this AUP could lead to suspension or termination of the Customer's account or User access, in additional to any other remedies available to Insight. Insight has the sole discretion and right to determine if certain conduct violates this AUP. If you do not agree to comply with Insight's policies and AUP, you must immediately stop use of the Service and notify Insight. Prohibited uses include, but are not limited to, using the Insight Broadband Internet Service Equipment or the Service to: i. undertake or accomplish any unlawful purpose; this includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation; ii. post, store, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful; iii. access any other person's computer, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account; this includes, but is not limited to, accessing data not intended for a User, logging into or making use of a server or account that Customer is not expressly authorized to access, or probing the security of other networks; iv. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs; port scanning, for any reason, is strictly prohibited; v. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise which is protected by copyright, patent, trademark or other proprietary right, without obtaining permission of the owner; User is also solely responsible for file port security on the User's system, including the closing file ports that may allow unauthorized access to works or material stored on the User's system; vi. copy, distribute or sublicense any software provided in connection with the Service by Insight or any third party, except that Residential Customer may make one machine copy of each software program for back-up purposes only and one printed copy of Service features for personal, internal and non-commercial purposes and not for distribution to other third parties; Small Business Customers may make one machine copy of each software program for each authorized Users' system for back-up purposes only and may make one printed copy for each authorized User of Service features for internal Service use purposes and not for distribution to outside third parties; vii. restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information; viii. restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation or manipulation, regardless of intent, purpose or knowledge, to the Service or any Insight (or Insight supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation or manipulation to any Insight (or Insight supplier) facilities used to deliver the Service; ix. resell the Service or charge others to use the Service; distribute or redistribute the Service through either intentional actions or failure to implement and maintain proper security in a manner that violates this AUP or the Service Agreement; or otherwise use the Service in a manner that exceeds the number of authorized users for an account or that compromises the security of the Service; Customer shall not use, share or otherwise make available, or allow others to use or share, the Service for operation as an Internet Service Provider, whether or not for compensation or pecuniary gain. For residential Users, the Service is intended and may only be used for recreational, residential or personal use by the Customer and members of Customer's immediate household; for Small Business Users, the Service is intended and may only be used for business use by the Small Business Customer and its authorized users within the Customer's immediate business premises. Small Business Users agree not to offer any Insight Broadband Internet Service feature to others as a service or feature of the Customer's business; x. transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; The Service may be utilized for certain advertising by Small Business Customers if authorized by applicable law. The Customer is responsible for compliance with any laws, regulations or rules governing Customer's or authorized Users' use of the Service and/or the Insight Broadband Internet Service Equipment; xi. send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service; or otherwise disrupts or interferes with the Service bandwidth, data storage or other Service features; xii. distribute programs that remove locks or time-outs built into software (cracks); xiii. run programs or servers from the Premises that provide network content or any other services to others. Examples of prohibited programs include, but are not limited to, mail, ftp, http, game, newsgroup, proxy, IRC servers and multi-user interactive forums; xiv. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme; xv. harvest e-mails, screen names or other identifiers of others (without their prior express consent) or participate in "spidering;" xvi. collect responses from unsolicited e-mail; and xvii. impersonate any person or entity, engage in sender address falsification, forge any other person's digital or manual signature, mislead or misrepresent User's true identity, or perform any other similar fraudulent activity; This section is not intended to prevent use of authorized screen or feature names while participating in online activities, chat rooms or message boards. Any policy set forth by another service provider or other third parties accessed through the Service must be strictly adhered to. This includes, for example, the policies set forth by the network used by Insight to provide you service. Customer agrees to indemnify, defend and hold harmless Insight Midwest, L.P. and its affiliates, as defined in the Service Agreement, against all claims, demands, costs and expenses (including reasonable attorney fees and any costs or fees for investigation of such claims or demands) resulting from a Customer and/or User engaging in any of the prohibited activities listed in this Policy or resulting from Customer's or User's violation of this AUP, any other Insight policy related to the Service, or any other third party policies. Insight reserves the right to update or modify this AUP from time to time, effective upon posting of the revised AUP.COPYRIGHT CLAIMS INSIGHT POLICIES FOR CONSIDERING COPYRIGHT INFRINGEMENT CLAIMS MADE TO INSIGHT BROADBAND SM SERVICES. i. Copyright Claims. Insight Midwest, L.P. ("Insight") requires the Complaining Party to substantiate a copyright claim regarding our Insight Broadband service and/or website by providing Insight with the following information in writing to: Name of Designated Agent: Sherman Hand, Director of Security. Postal Mail Address: Insight Midwest, L.P. 10200 Linn station Rd Louisville, KY 40223 Telephone Number: (502) 410-7145 Facsimile Number: (502) 410-7101 E-mail Address: firstname.lastname@example.org The written notice must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 ("DMCA") ii. Procedure. Upon receipt of a notice meeting the DMCA requirements, we will take such action as is appropriate under the DMCA. This may include forwarding the Complaining Party's written notification to the alleged infringer (hereinafter "Subscriber") and removing or disabling access to material claimed to be infringing. In addition, we have adopted a policy where we may, in circumstances that we in our discretion deem appropriate, terminate the accounts of subscribers who are repeat infringers. iii. Counter Notification. A Subscriber who disagrees with the removal or disabling of access to materials may provide a Counter Notification by providing a written communication to Insight's Designated Agent identified in Section I above. See 17 USC Section 512 for counter-notice requirements. iv. Notification to subscribers and account holders. It is Insight's policy to provide for the termination, in appropriate circumstances, of Insight's subscribers and account holders who are repeat infringers of copyrighted works, trademarks or any other intellectual property.
8/8/2009 21:06 17000100 3 SYNC Timing Synchronization failure - Failed to acquire QAM/QPSK symbol timing
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