Bay Broadband Acceptable Use Policy Print

As a condition of access to and use of BBC’s Wireless Broadband Service (the "Service") and Equipment, you are required to enter into a BBC Service Agreement (the "Service Agreement") and to comply with the requirements of this Acceptable Use Policy (the "Policy"). The term "Service" includes your access to and use of BBC Internet websites associated with the Service. By entering into the Service Agreement, establishing an account with BBC, or by using the Service, you signify your agreement to the terms, conditions and notices of this Policy. "You" when used in this Policy shall mean the BBC customer of record and end users of the wireless access devices (the "Equipment") or computers or other devices attached to the Equipment.

If you violate any of the provisions of this Policy, BBC may take action to restrict or terminate your access to the Service. We reserve the right, at our discretion, to update or revise this Policy, any other policy or statement on any BBC website, and any product offerings or programs described on any BBC website.

You must use the Service in accordance with the terms of this Policy and the Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

BBC strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up-to-date, so that your account does not become an unwitting source of spam or malicious software that would require us to suspend or terminate your service. BBC can recommend, provide, install, and maintain such protection for you at modest cost. BBC also strongly recommends that in-home or in-office wireless networks be installed and configured for maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our Service, which could also result in suspension or termination of your account. BBC can recommend, provide, and install such networks for you using equipment that will provide the same high level of encryption as our wireless network.

User Conduct, Prohibited or Unlawful Use, Excessive Use

In order to maintain our network to meet the needs of the users of the Service, you may not use the Service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the BBC Network or the Service or any other party's use or enjoyment of the Service.

Specifically, you may not:

• Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the Service, or to probe, scan or test the vulnerability of a system or network associated with the Service or those of any other party;
• Interfere with Service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system;
• Forge or falsify any TCP-IP packet header or any part of the header or address information in an e-mail or a newsgroup posting or otherwise conceal the sender's or the recipient's identity;
• Use the Service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

Additionally, you may not, by use of the Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in BBC’s judgment:

• Is threatening, abusive, libelous or defamatory, indecent or obscene, fraudulent, invasive of another's privacy, or pornographic;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
• Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Damages BBC’s network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers;
• Use the Service to send unsolicited mass e-mailings from any BBC account or via another service which in any way implicates the use of this Service or any BBC e-mail address or that is relayed from any BBC or third party's mail servers without permission.

BBC reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the BBC Network. The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.

BBC reserves the right to limit the amount of data that you may upload and/or download each month ("bandwidth") based on the type of Service you have ordered and the price associated therewith. If BBC concludes ,in its sole discretion, that you are exceeding what BBC considers to be a reasonable use for such Service ordered, BBC may change your service as provided for herein with notice or alternatively, suspend or terminate your service in its sole discretion.

Your participation in online communication accessed through the Service is not edited, censored or otherwise controlled by BBC. However, BBC reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the Service if BBC determines such content or user practices are harmful, offensive, or otherwise in violation of this Policy.

By posting or submitting content to any BBC website, you grant BBC the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose; and you also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BBC will not infringe or violate the rights of any third party.

You acknowledge and agree that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content and materials available on any BBC website or through the BBC Service. Except as expressly authorized, you agree not to use the Service in any manner that would infringe, violate, dilute or misappropriate any such rights with respect to any material.

The Bay Broadband Communications name, logo, and design marks are trademarks of BBC, and may be used only with the express written permission of BBC.

BBC takes customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.

BBC disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this Service, the systems which provide it, and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. BBC does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall BBC (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this Service in any way or use of any BBC websites associated with the Service, including any loss of use, data or profits, regardless of the form of action. Any failure by BBC to enforce this Policy in every instance in which it might have application does not amount to a waiver of BBC's rights.

Please send reports of any activity in violation of law or this Policy to abuse@baybroadband.net. BBC and its service providers will reasonably investigate incidents involving such violations. BBC and its service providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected.

© Copyright 2005 Bay Broadband Communications