KeyOn Acceptable Use and Network Management
Policy
Table of Contents
- What is an “Acceptable Use Policy”?
- Nondiscrimination
Principles
- What constitutes acceptable use?
a. Responsibilities of the user
b. Amount of usage
c. Other Restrictions on using KeyOn Services
- How often
is KeyOn’s Acceptable Use Policy updated,
and how will I learn about any changes?
- What happens if
the Acceptable Use Policy is violated?
- What is KeyOn's "Network
Management Policy" and
how does KeyOn manage its network?
- How can I report a
violation or problem?
1. What is an "Acceptable Use Policy"?
This Acceptable Use Policy (the "AUP" or "Policy")
describes acceptable use of the KeyOn Broadband service (the "Service"),
as well as acceptable and prohibited conduct for using the
Service to access the Internet. References in this Policy
to “we,” “us,” “our” or “KeyOn” mean
KeyOn Communications Holdings, Inc. and its affiliates doing
business as KeyOn, SpeedNet, or Siris as well as any future
brands. References in this Policy to “you,” “your,” “customer” and “user” mean
a KeyOn account holder or user with us. This Policy is a
part of the Subscriber Agreement as referenced in the Standard
Terms and Conditions of KeyOn Service (the "Ts & Cs").
All capitalized terms used in this AUP that are not defined
here have the meanings given to them in the Ts and Cs.
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2. Nondiscrimination Principles
In managing its
network, KeyOn adheres to the principles contained in
the FCC's Internet Policy Statement (FCC 05-151, adopted
August 5, 2005): (i) consumers are entitled to access
the lawful Internet content of their choice; (2) consumers
are entitled to run applications and use services of
their choice, such to the needs of law enforcement; (3)
consumers are entitled to connect their choice of legal
devices that do not harm the network; and (4) consumers
are entitled to competition among network providers,
application and service providers, and content providers.
KeyOn also will: (i) not favor any lawful Internet applications
and content over others; and (ii) display its network
management policies in a prominent location on our web
page and provide notice to customers of changes to these
policies, KeyOn's network has the ability to identify
and prioritize voice packets, whether provided directly
by KeyOn or through a third-party. The network is designed
to expedite the delivery of voice packets and adjust traffic
patterns dynamically to allow for enhanced quality of service
on the network for such applications without materially
sacrificing the bandwidth and speeds of other data uses.
KeyOn emphasizes that this approach to voice packets reflects
existing network management practices, and that it will
not in any way discriminate among packets on the basis
of a packet's source, destination or ownership. KeyOn's
network management policies are prominently displayed on
its website under the link "Policy."
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3. What constitutes acceptable use?
a.
Responsibilities of the user:
It is your responsibility to comply with this Policy and
all other KeyOn policies. It is also your responsibility
to ensure that anyone that uses your KeyOn device to access
the Services, or uses your account to access the Services,
complies with this Policy and all other KeyOn policies.
Failure to comply could result in the suspension or termination
of your Service. If you do not agree to comply with this
Policy and all other KeyOn policies, then do not use the
Services and notify KeyOn to close any account you have
established.
b.
Amount of usage:
KeyOn may provide various Service plans with different
characteristics, including different speeds and usage limitations.
You agree to comply with these limitations. In addition,
your use of the Service may not result in an excessive
burden of system or network resources, may not weaken network
performance, and may not restrict, inhibit, interfere with,
or degrade any other user's use of the Service.
c.
Other Restrictions on using KeyOn Services:
You may not use the Services, or allow others through action
or inaction, to use the Services: (a) to undertake or accomplish
any unlawful purpose; this could include, but is not limited
to, transmitting content/messages that are, or in any manner
that is illegal, fraudulent, threatening, harassing, abusive,
defamatory, or obscene; (b) in a way that could cause damage
or adversely affect our customers, network, property or
Services, or other customer’s use of the network or Services;
(c) to communicate any unsolicited or unauthorized commercial
communication, including, advertising, junk mail, bulk e-mail,
commercial e-mail, fax broadcasting, fax blasting, text,
SMS, or other message; (d) to infringe on the intellectual
property rights of another; (e) to upload or transmit any
virus, worm, or malicious code, files or content that may
damage, interfere with, secretly intercept or seize any system,
program or data; (f) to impersonate any person or entity,
use a false identity or misrepresent yourself in order to
mislead others, or use deceptive addressing; (g) to violate
the rules, regulations or policies of any third-party website,
network, server or database that you access; (h) to spider
or harvest identifying information of others, to use spyware,
or to use another’s mail server without permission;
(i) to access, transmit or disseminate images containing
child pornography, or (j) in any way prohibited by the terms
of this Policy, our Services, the Ts & Cs or any of our
other Policies. You may not use techniques to hide or obscure
the source of any e-mail or other communication. Unless we
identify the Service you have selected as specifically intended
for that purpose, you may not use our Services: (1) with
server devices or host computer applications, or other systems
that drive continuous heavy traffic or data sessions; (2)
as a substitute or backup for private lines or frame relay
connections; or (3) in any way that adversely impacts our
network. You may not reproduce, copy, sell, provision, resell,
or lease any portion of the Service without KeyOn’s
prior written consent. The Service is intended for personal,
individual and non-commercial use only, and for periodic,
ordinary active use. Therefore, KeyOn reserves the right
to suspend or terminate Service accounts where data consumption
is not characteristic of a typical residential user of
the Service as determined by the company in its sole discretion.
KeyOn has established a monthly data
consumption threshold for the Service of 250 Gigabytes
(“GB”). Use
of the Service in excess of 250 GB per month is excessive
use and is a violation of the Policy. Common activities that
may cause excessive data consumption in violation of this
Policy include, but are not limited to, numerous or continuous
bulk transfers of files and other high capacity traffic using
(i) file transfer protocol (“FTP”), (ii) peer-to-peer
applications, and (iii) newsgroups. You must also ensure
that your use of the Service does not restrict, inhibit,
interfere with, or degrade any other person's use of the
Service, nor represent (as determined by KeyOn in its sole
discretion) an overly large burden on the network. In addition,
you must ensure that your use of the Service does not limit
or interfere with KeyOn's ability to deliver and monitor
the Service or any part of its network. You may not reproduce,
copy, sell, provision, resell, or lease any portion of the
Service without KeyOn’s prior written consent. You
may not violate the security of our network in any respect,
including by way of hacking, intercepting, breaching authentication
measures, testing vulnerability, monitoring traffic, avoiding
system restrictions or otherwise. Security violations may
result in civil or criminal liability.
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4. How often is KeyOn's Acceptable Use Policy updated,
and how will I learn about any changes?
To the extent these policies change, KeyOn will first notify
its customers by posting a notice on the Company's Web
site at www.keyon.com (or any successor URL(s)), no later
than 30 days prior to effecting such change Your acceptance
of the newly posted Policy is provided by your continued
use of the Services. You should review the Policy regularly
to ensure that your uses of the Services comply with the
current version of this Policy. If you do not agree with
the modified Policy, then immediately stop using the Services
and notify KeyOn to close any account you have established.
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5. What happens if the Acceptable Use Policy is violated?
We have the right, but are not obligated, to enforce this
Policy through self-help, active investigation, litigation
and prosecution. Our enforcement of this Policy can include
any actions we deem necessary, up to and including termination
of your Services. INDIRECT OR ATTEMPTED BREACHES OF THIS
POLICY, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY
ON BEHALF OF A USER, MAY BE CONSIDERED BREACHES OF THIS
POLICY BY SUCH USER.
KeyOn does not routinely monitor the activity of individual
Service accounts for violations of this Policy and has
no obligation to monitor the Service and/or the network.
However, in the company's efforts to promote good citizenship
within the Internet community, it will respond appropriately
if it becomes aware of inappropriate use of the Service.
KeyOn reserve the right at any time to monitor bandwidth,
usage, transmissions, and content in order to, among other
things, operate the Service; identify violations of this
Policy; and/or protect the network, the Service and KeyOn
users.
If the Service is used in a way that KeyOn, in its sole
discretion, believes violates this Policy, KeyOn may take
any responsive actions it deems appropriate under the circumstances
with or without notice. These actions include, but are
not limited to, temporary or permanent removal of content,
cancellation of newsgroup posts, filtering of Internet
transmissions, and the immediate suspension or termination
of all or any portion of the Service. Neither KeyOn nor
its affiliates, suppliers, or agents will have any liability
for any of these responsive actions. These actions are
not KeyOn's exclusive remedies and KeyOn may take any other
legal or technical actions it deems appropriate with or
without notice.
KeyOn reserves the right to investigate suspected violations
of this Policy, including the gathering of information
from the user or users involved and the complaining party,
if any, and examination of material on KeyOn's servers
and network. During an investigation, KeyOn may suspend
the account or accounts involved and/or remove or block
material that potentially violates this Policy. You expressly
authorize and consent to KeyOn and its suppliers cooperating
with (i) law enforcement authorities in the investigation
of suspected legal violations, and (ii) and system administrators
at other Internet service providers or other network or
computing facilities in order to enforce this Policy. Upon
termination of your Service account, KeyOn is authorized
to delete any files, programs, data, e-mail and other messages
associated with your account (and any secondary accounts).
The failure of KeyOn or its suppliers to enforce this Policy,
for whatever reason, shall not be construed as a waiver
of any right to do so at any time. You agree that if any
portion of this Policy is held invalid or unenforceable,
that portion will be construed consistent with applicable
law as nearly as possible, and the remaining portions will
remain in full force and effect.
You agree to indemnify, defend and hold harmless KeyOn
and its affiliates, suppliers, and agents against all claims
and expenses (including reasonable attorney fees) resulting
from any violation of this Policy.
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6. What is KeyOn’s "”Network Management
Policy” and how does KeyOn manage its network?
Like other providers of internet service, we have adopted
a policy pursuant to which we engage in reasonable network
management activities to ensure that you, and all of our
customers, enjoy the best possible Service at all times.
If we did not adopt such a policy, you and our other customers
could be subjected to the negative effects of spam, network
congestion, viruses, security attacks, and other activities
that could impair your user experience.
We use a variety of techniques to manage our network and
ensure that your user experience is the best possible.
The techniques utilized by us are based, among other things,
on network activity, change often, and are consistent with
the techniques used by others in the industry. Examples
of some of the network management activities that may be
employed by us include, but are not limited to: (a) detecting
malicious internet traffic to prevent the distribution
of harmful viruses, code or content, (b) preventing the
delivery of spam to our customers’ accounts, (c)
optimizing the delivery of voice services, whether provided
by KeyOn or by VoIP providers that rely on delivering calls
over the public internet, (d) limiting, or otherwise restricting
uplink and downlink speeds and transfer rates (e) using
other reasonable techniques to ensure we deliver the best
possible service to all of our customers. Because managing
our network traffic is a dynamic process, it is not possible
for us to give you, or any of our customers, notice of
when we engage in any particular network management activities.
Our goal, however, is to ensure that our network management
activities are always reasonable, unobtrusive, and seamless
to our customers.
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7. How can I report a violation or problem?
If you want to report any violations of this Policy other
than those concerning child pornography, please email us
at abuse@keyon.com. To make a report concerning child pornography,
please email us violations@keyon.com.
We invite you to send in your questions or comments about
us and our Services, or to bring to our attention any material
you believe to be inaccurate. Please send such comments,
including a copy of any material you wish to discuss, to
Customer Care by emailing the comment to support@keyon.com.
We hope you enjoy using our Services and we welcome suggestions
for improvements.
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