CODE OF CONDUCT | Acceptable Use Policy
By subscribing to any residential or commercial broadband Internet access service and/or telephony service (collectively, the “Services” and individually, a “Service”) provided by John R. Guzzo, LLC dba Hudson Valley Wireless (“HVW” or “Provider”), Subscriber agrees not to use the Services for any unlawful purpose and to comply with all policies and terms of this Code of Conduct (the “Code”). This Code, including its use restrictions, is in addition to the restrictions contained in the Master Services Agreement, or other agreements for broadband Internet access services and telephony (collectively, “Service Agreements”), which Subscriber previously entered into with HVW. This Code has been incorporated by reference into the Service Agreements. Any capitalized terms used herein shall have the same meaning as defined in the Service Agreements.
Subscriber’s acceptable use of the Services will depend on whether Subscriber requests the Services for residential or commercial purposes.
- Residential service includes all Services designated for personal, family and household use within a single home. Subscriber understands, acknowledges and agrees that only Subscriber, co-residents living in the same home and visitors will use the Services. The term “single home” means Subscriber’s home and includes any apartment, condominium, flat or other units that may be used as a residence in any multiple dwelling unit. The Services are being provided solely for residential use in Subscriber’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Services is in violation of this Policy and the Service Agreements. Subscriber is responsible for any misuse of the Service that occurs through Subscriber’s account, whether by a member of Subscriber’s household or an authorized or unauthorized third party. Subscriber shall not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber shall not advertise that the Service is available for use by third parties or unauthorized users.
- Commercial service includes all Services designed for use by an entity or by an individual, in providing goods or services for sale or lease or operating a commercial, government or not-for-profit enterprise. Subscriber understands, acknowledges and agrees that Subscriber will allow only Subscriber’s employees, patrons, visitors and vendors to utilize the commercial Services within Subscriber’s office area(s). Commercial Services are provided solely for Subscriber’s business operations, and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Services is in violation of this Code and the Service Agreements. Subscriber is responsible for any misuse of the Services that occurs through Subscriber’s account, whether by a member of Subscriber’s employees, patrons, vendors, or an authorized or unauthorized third party.
- Subscriber understands that all information, data text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Subscriber is entirely responsible for all Content that Subscriber downloads, uploads, posts, broadcast, stores, emails or otherwise transmits through or via the Services. HVW does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Subscriber understands that by using the Services, Subscriber may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will HVW be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of any Content posted, emailed or otherwise transmitted to Subscriber via the Services. Subscriber understands, acknowledges and agrees that Subscriber may not rely on any Content created by HVW or is available or accessible via the Services.
- Subscriber agrees not to use the Services or to solicit or encourage others to: (i) download, upload, post, email, store, broadcast or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to an HVW representative, forum leader, guide, host, or falsely state or otherwise misrepresent Subscriber’s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origins of any Content transmitted through the Services; (v) upload, post, email, or otherwise transmit any Content that Subscriber does not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, proprietary and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) download, upload, post, email, store, broadcast or otherwise transmit, reproduce, or create derivative works of any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of HVW or any third-party; (vii) download, upload, post, email, store, or broadcast or otherwise transmit any unsolicited or unauthorized advertising, promotional, materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (viii) download, upload, post, email, store, broadcast or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, or hardware or telecommunications equipment; (ix) interfere with or disrupt the Services or other networks connected to the Services, violate any requirements, procedures, policies or regulations of networks connected to the Services; (x) intentionally or unintentionally violate any applicable local, state, federal, or international statute, rule, regulation, ordinance, and policy (collectively, “Applicable Law”); including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq, and any regulations having the force of law; (xi) “stalk” or otherwise harass another person; (xiii) attempt to gain unauthorized access to the Services, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; or (xiv) harvest or otherwise collect, distribute, disclose or store Personal Information or other data about another person without that person’s consent.
- Subscriber acknowledges that HVW does not pre-screen Content, but that HVW and its designees shall have the right (but not the obligation) in their sole discretion to refuse, restrict, remove, disable or move any Content available via the Services. Without limiting the foregoing, HVW and its designees shall have the right to remove, restrict or disable access to any Content that violates this Code or is otherwise objectionable, in HVW’s sole discretion. Subscriber agrees that Subscriber must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Subscriber acknowledges and agrees that HVW may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Code and Service Agreements; (iii) respond to claims that Content violates the rights of third parties; (iv) protect the rights, property, or personal safety of HVW, its employees, Affiliates, vendors, users and the public.
- Subscriber understands that the technical processing and transmission of the Services, including Subscriber’s Content, may involve; (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Subscriber agrees to not alter, modify, tamper, repair or attempt to repair, or knowingly disrupt any parts of the Service, the HVW Equipment or the HVW Network.
- Subscriber understands and acknowledges that excessive use or abuse of the HVW Network or system resources by Subscriber may have a negative impact on all other Subscribers. Accordingly, Subscriber agrees to not use the Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in HVW’s sole discretion. Such prohibited actions include, but are not limited to using the Services to host a web server site which attracts excessive traffic at Subscriber’s location, continuously uploading or downloading streaming video or audio, USENET hosting, or continuous File Transfer Protocol (“FTP”) uploading or downloading, and continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system.
- Subscriber understands that it is Subscriber’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information accessible through or via the Services. HVW does not endorse or represent the reliability, accuracy or quality of any information, goods, services, or products, displayed or advertised on the Services. Any items purchased or obtained by any Subscriber through or via the Services is done at the Subscriber’s sole risk. Any Content related to business, finance, and/or securities matters and the like contained on the Services is provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes. HVW shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted through or via the Services.
- Subscriber understands, acknowledges and agrees that HVW provides links to other external sites or resources but HVW has no control over such sites and resources. Therefore, HVW is not responsible for the availability of such external sites or resources. HVW is not responsible or liable for any privacy and data security practices or policies, Content, advertising, products, services or other information or materials on or available from such sites or resources. If Subscriber chooses to access third-party sites and services, Subscriber understands, acknowledges and agrees that such access is entirely at his/her own risk.
- Subscriber agrees that the Services and the software may contain proprietary and confidential information that may be protected by Applicable Law and intellectual property and other rights. Subscriber further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Subscriber through or via the Services, advertisers, or suppliers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
- Subscribers may enter into correspondence with or participate in promotions of advertisers and/or suppliers on the Services showing or marketing their products or services on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding user and the advertiser, and/or supplier. HVW assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
- Subscriber agrees not to reverse engineer, reproduce, duplicate, copy, sell, resell, redistribute or exploit for any commercial purposes, any portion or use of, or access to the Services or allow others to resell or redistribute any portion or use of, or access to the Services, or exploit for commercial purposes in any manner, including, but not limited to, wireless technology.
- Post, broadcast, or otherwise transmit or disseminate objectionable Content, or to undertake, permit, encourage or solicit others to take any such action that could be considered a criminal offense, give rise to civil liability, or otherwise violate any Applicable Law.
- Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the HVW Equipment or the Services, including, without limitation, downloading, uploading, posting or transmitting any information or software which contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs, software or other feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information; or access any other person's computer or software without the knowledge and consent of such person; Inhibit or have the potential to inhibit the ability of any other person to use the Service by serving or attempting to serve faulty IP addresses to other HVW Subscribers or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or call.
- Use background and/or server-type applications, including without limitation to IRC bots, HTTP servers, MUDs, and any other harmful process which were initiated by the Subscriber that continues execution on the system upon Subscriber logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
- Long-term storage of data, referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, without limitation, programs such as shareware programs which the Subscriber may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Subscriber’s personal system.
- Flooding or abuse of other users, without limitation, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk email not in compliance with the federal CAN-SPAM Act and Telephone Consumer Protection Act, MSG/CTCP flooding on IRC, as well as other, less common methods. “Bulk Email” is defined as the same or similar email messages sent to more than twenty-five (25) recipients.
- Attempts to compromise system and/or network security using programs such as packet sniffers, password crack programs, and similar utilities found to be running from Subscriber’s account are prohibited. This also includes attempts to hack into non-HVW systems.
- Sharing Subscriber’s Internet Services with another party for purposes of avoiding payment for a second Service. A standard residential Subscriber may connect multiple computers/devices within a single location to Subscriber’s modem, router, and/or radio to access the Internet Service, but only through a single HVW-issued IP address. Business Subscribers may have more HVW-issued IP address.
- Port scanning, which is the use of any application, software, or technique to scan any host’s ports.
- Email and USENET abuse, which typically comes in several forms. Email abuse is the transfer of a message to unsolicited individuals not in compliance with the CAN-SPAM Act; the sending of harassing and/or threatening messages to other users; and the forging of email addresses so as to make the email appear to be from another user. Similar to email abuse, USENET abuse includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
- Pirated software and copyright infringement, which is any illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on or using the HVW Network. Such prohibition also includes the exportation of software or technical information in violation of U.S. export control laws.
- You engage in any of the activities listed above; or
- HVW receives an appropriate notice or request under the Digital Millennium Copyright Act or discovers that you have violated the Service Agreements or this Code; or
- Is necessary to comply with any Applicable Law or judicial or regulatory order; or
- You use the HVW Equipment or Services in a way contrary to any other HVW policy.
PROHIBITED INTERNET SERVICE ACTIVITIES
HVW reserves the right to restrict or disable certain activities or immediately terminate your access to the Service and your subscription if: