1. GENERAL

This Vertical Broadband LLC (VBL) Acceptable Use Policy (“Acceptable Use Policy”, “Policy” or “AUP”) applies to every individual or entity subscribing to, and/or using, a basic Internet access service (BIAS) provided by VBL. Your use of a VBL account constitutes acceptance and agreement to comply with the requirements and terms of the VBL Acceptable Use Policy, and you acknowledge that you have read and understand them. As a VBL account customer, you agree to comply with the rules, standards and guidelines set out in the Policy, and you acknowledge that VBL has the right to enforce the Policy, in its sole discretion. This means that if you or anyone using your member privileges violates any provision of the Policy, VBL may take all appropriate action, including termination of your account privileges, with or without notice. Prospective customers who cannot or otherwise believe that they may not comply with the Policy requirements should not purchase services from VBL. Current customers who cannot or choose not to comply should deactivate their service. Early Termination Charges may apply if you choose to terminate service prior to the end of your service term.

VBL reserves the right to modify its Acceptable Use Policy at any time without notice. Your continued use of a VBL account constitutes acceptance of the then-current Acceptable Use Policy in place as posted on this website. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to a VBL account unless specifically adopted in a written agreement between you and VBL.

Section 2. Data Use

As the BIAS holder, you are solely responsible for any and all use made of your VBL BIAS, as well as the conduct of anyone else using your account. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through VBL. Violations of this Policy will be the responsibility of the account holder, regardless of whether the account holder was personally responsible for the violation.

If VBL hosts public or private services for the BIAS holder, VBL reserves the right to delete, move or edit any item that VBL, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material VBL believes may cause any liability for it, or which may cause VBL to lose the services of any supplier, including but not limited to any carriers which may provide services to VBL or its Customers.

Your use of a VBL BIAS constitutes your acknowledgement and agreement that VBL:

  • Is not the manufacturer of equipment used to provide access to the Internet;
  • Is not the developer of software used to access Internet resources, including software provided by VBL, if any;
  • Is not the developer or provider of content available on the Internet; and
  • Makes no representation that any service provided by VBL complies with specific legal or regulatory requirements, including HIPPA, which may be applicable to the customer.

Section 3. Management of Resources - Limitations and Restrictions

General – Data Management.

Availability

VBL service availability is subject to varying network conditions. The service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations or orders, system capacity limitations, equipment modifications, upgrades, relocations, repairs or other activities within or beyond our control, including weather. VBL reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations.

Email Usage

You may use email services through VBL. Using your BIAS to send emails directly to email servers on the Internet may be prohibited by VBL if it constitutes a threat or unsolicited commercial email (SPAM). Sending email directly is only supported for business users, and may be otherwise prohibited.

Newsgroup and Bulletin Board Posting

You may access newsgroups (also referred to as Usenet) and other online bulletin boards through VBL. VBL has no control over what others might post to the many newsgroups and bulletin boards available on the Internet. However, VBL does impose restrictions on what you may post through the use of your VBL BIAS. Use of a VBL BIAS to post to a newsgroup or bulletin board in violation of the rules of that newsgroup, if any, is prohibited. Incidents of violation that are brought to the attention of VBL via complaints by newsgroup or bulletin board moderators or other Internet users is a violation of the Acceptable Use Policy.

Data Service.

Bandwidth Usage

There are some upper limits on customer usage of bandwidth depending upon the type of account. Residential accounts are meant for attended use by an individual or family. Business accounts are meant for similar attended use, but by larger groups of users and with the addition of commercial, revenue-generating activities. VBL data services are not meant for continuous or automated high-volume data transfers, and such excessive usage is a violation of the Acceptable Use Policy. VBL may initiate a Usage Review of a VBL customer account with usage in excess of expected ranges and reserves the right to terminate service and/or the account if the usage pattern is excessive or negatively impacts the VBL network, or otherwise violates this Policy.  For further information see our Traffic Shaping Policy and Broadband Labels.

IP Addresses

Due to VBL’s need to justify to ARIN [American Registry for Internet Numbers] the Internet Protocol (IP) addresses we are consuming, is it very important that you use the IP addresses assigned to you. After six months, we reserve the right to perform random IP swipes and if necessary change the IP addresses of persons that are not using the IP addresses they were assigned, and we reserve the right to reissue any IP addresses without notice. IP addresses are not portable and are not assigned for independent administration or distribution. You understand and acknowledge that IP address assignments are not guaranteed, and may be modified as required by VBL Internet and/or the ARIN.

Usage Review

VBL manages its network for the benefit of all users. To maintain the quality and performance of the VBL network, VBL reviews the overall statistics of its user community and identifies those accounts with usage in excess of expected ranges. Normal use and occasional heavy use should not cause usage patterns to exceed the expected range. Activities that involve extended, high-volume continuous data transfer might cause your activity to exceed expected ranges. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, or streaming video. The hosting of a server of any kind, including for personal use, is prohibited. If your usage pattern is excessive, you will be notified to reduce your usage pattern. If you fail to reduce your usage, VBL reserves the right to terminate your service.

Section 4. Use of VBL Services Only for Lawful Purposes

You may only use VBL products and services for lawful purposes. You are responsible for ensuring that your conduct and users of your account conform to the requirements of all applicable federal, state and local laws and regulations (including foreign or international law where appropriate), and all rules, standards, and policies issued by VBL, or any applicable service provider or on-line service.

Section 5. Data Use for Illegal Purposes is Prohibited

Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. "Content" in violation of applicable law means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet that is: (i) protected by copyright, trademark, trade secret or other intellectual property rights that you do not own, (ii) obscene, defamatory, or constitutes an illegal threat, or (iii) otherwise considered unlawful. Conduct in the VBL Internet space must conform to the requirements of the law, respect the rights of other users of VBL services, and meet current standards for communicating online. This includes following the rules and policies of any Internet service provider, any other online services, and all applicable state, local and federal laws (including foreign or international laws where appropriate).

The prohibition against the use of VBL data service to engage in unlawful activity is not limited to activities listed here, but applies to all unlawful activity. Any VBL BIAS found to be engaged in any unlawful activity will be immediately terminated. Some examples of prohibited illegal conduct are:

  • Posting obscene content (including child or adult pornography);
  • Planning illegal activity, such as building a bomb or counterfeiting money;
  • Illegally advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia;
  • Pretending to be anyone you are not -- you may not impersonate another person;
  • Using false statements to get, or to attempt to get, account information or other private information from other VBL customers or other Internet users;
  • Engaging in copyright infringement or other intellectual property infringement;
  • Activity which in any way interferes with any person, entity or computer system accessible via the Internet regardless of whether the interference is in violation of federal, state or local law, including unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network; and
  • Interfering with any person, entity, host or network, including, but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.

In connection with the investigation of possible misuse or unlawful use of VBL data services, whether initiated by VBL or any law enforcement or governmental agency, VBL is authorized to disclose any information about you and your use of VBL data services to law enforcement or other government officials, as VBL, in its sole discretion, believes to be necessary or appropriate. In addition, VBL is required to cooperate with law enforcement or governmental authorities, including complying with search warrants, court orders and subpoenas. If VBL decides to investigate or resolve possible misuse involving you or anything you do on your VBL account, VBL is entitled to disclose any information about you and anything you do with your VBL service to law enforcement or other government officials as VBL, in its sole discretion, believes to be necessary or appropriate to comply with its policies and the law.

Section 6. Prohibited Uses - Objectionable Conduct and Content that Violate Policy

You are solely responsible for your conduct and the conduct of other users of your account while accessing VBL data services, including the content of all email messages you generate or forward, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through VBL. VBL reserves the right to remove content, and if necessary, terminate your Internet account without notice, if we become aware of content which, in our judgment, would be distasteful, shocking or threatening to another user. VBL reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.

Data Service Prohibited Uses.

Some examples of objectionable conduct and content that violate the Acceptable Use Policy are:

  • Harassing, threatening, or embarrassing another VBL customer or other Internet user;
  • Stalking another VBL customer or other Internet user ("cyber stalking");
  • Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable;
  • If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
  • Use of your VBL BIAS to send unsolicited email messages of any type — whether commercial or non-commercial, for profit or non-profit; and
  • Posting content that defames abuses or threatens physical harm to others or yourself.

Section 7. System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. VBL will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement.

Examples of system and network security violations include the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network;
  • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Falsifying your user identity or providing other false information to VBL or to other users of the Services in connection with your use of your VBL BIAS or any feature of that account;
  • Posting viruses or software designed to create a virus or to do harm to VBL’s Services, any VBL Customers or users of VBL data services, or any network components;
  • Taking any other action to disrupt the normal use of VBL’s Services or the Internet by other users;

Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections;

Section 8. Redacted

Section 9. Information, Files, and Programs - Limitation of Liability

Recommend Use of Up-to-Date Anti-Virus Program.

VBL BIASs may be used to access all manner of information, files and programs available on the Internet. When accessing such resources, VBL strongly recommends the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. VBL cannot, and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet. VBL can only urge caution in the retrieval and/or use of any information, file or program from the Internet.

Personal Information.

When using any on-line resource - whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet, VBL urges account owners to use caution in divulging personal information of any kind. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). VBL expressly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk.

Section 10. Termination of Account

You acknowledge that your use of a VBL BIAS shall not be deemed to convey any property interest in the resources of VBL Internet service, in the login name(s), the email address(s), or any other element of a VBL BIAS. VBL may at its discretion terminate your account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element of the account, and may do so in whatever fashion it deems best. Likewise, you may terminate your account at any time, with or without cause, and in so doing give up all right to use of the login name(s), email address(s) and/or every other element of the account; termination charges, however, may apply. In addition, certain bundled pricing of VBL services and other services provided by VBL may not be available in the event you terminate your VBL data service.

Section 11. Limitation of Liability

VBL takes no responsibility for any on-line distribution or publication by you. VBL does not review messages or content you may generate or post, and VBL is not responsible for what is contained in those messages or content.

VBL explicitly disclaims any responsibility or liability for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of a VBL BIAS is at your sole risk.

 

Version 1.0 Revised 5/4/2016