Lightcurve’s ongoing management of the system (the Network), combined with the acceptable use practices in this Acceptable Use Policy (AUP), is intended to provide Lightcurve’s customers (including commercial, carriers and Click! Authorized ISPs/resellers and their customers and end-users) and other users of Lightcurve’s, services and website (each a Customer) with a connection to the Internet (the Service) that is used responsibly. By using the Network and the Service, the Customer agrees to be bound by this AUP.
INTRODUCTION
As your ISP (Internet Service Provider), Lightcurve provides you with the means to access an unprecedented variety and quantity of information. At the same time, your Lightcurve account gives you the ability to disseminate information to millions of people around the world. This capacity to receive and distribute information is wonderful, but it carries with it responsibilities and risks. This policy is intended to minimize potential harm to Lightcurve users as well as preserve valuable, limited Internet resources and maximize the enjoyment of the Internet for everyone. We want you to enjoy your Internet account but Lightcurve would like all its users to fully understand the risks and obligations associated with the ability to access so much information and reach so many people. All Lightcurve users are required to be familiar with, understand and accept this policy. If you continue to use the Internet through Lightcurve, it will be agreed that you understand and accept the policy. Since Lightcurve can be held liable for the actions of its users and since actions of users can cause harm to an ISP’s equipment and have a negative impact on service provided to other Lightcurve users, if you violate this policy, Lightcurve reserves the right to take whatever actions are necessary to enforce compliance, including, at our option, the termination of the your account. It is important for Customers to understand that no one, neither Lightcurve nor anyone else, owns or controls the Internet. This very basic fact is what has made the Internet such a valuable and popular resource, but it places a large burden on the judgment and responsibility of its users. This is true with respect to evaluating the information acquired from the Internet and also applies to information disseminated to others by the user. Users should fully understand that Lightcurve cannot monitor or verify the accuracy of the information available on the Internet. Because of this, users must exercise their best judgment when deciding whether to rely on information obtained from the Internet. The source should be carefully considered since anyone can post information on the Internet, whether it is true or not. In addition, some material available on the Internet is sexually explicit or may be otherwise offensive to some people. Since Lightcurve does not and cannot monitor the Internet and will not try to do so, all responsibility for any harm resulting from inaccurate or offensive material acquired from the Internet rests with the user. Customers must accept all responsibility for any such possible injury not only for themselves but for all others, including children who use their account to access the Internet. When disseminating information over the Internet, Customers need to realize that Lightcurve cannot monitor or verify the information they create or distribute. Lightcurve is not your editor or your publisher and will not warrant or vouch for the accuracy or legality of information you choose to pass on to others. Users are cautioned to be aware that they have the same potential for liability as authors, producers and broadcasters have historically had. Potential damage could be caused to others by copyright infringement, defamation or in other ways. By offering information on the Internet, you are reaching millions of people, so the responsibility should not be taken lightly. You are potentially liable whether your actions are deliberate or accidental. Even though Lightcurve does not monitor the Internet or the activities of its subscribers and will not do so unless required by statute, court order, or other request from authorities, it is possible that others could intercept information you may be transmitting or receiving. Users are advised to assume that any transmission is NOT secure. Just as has always been the case with postal mail, FAX and telephone, your communications could be intercepted. The risk of this may not be any greater or less than with these other media, however you need to be aware of the possibility. Because there is no practical way to prevent this, Lightcurve accepts no responsibility for the security of its users’ communications. By using IP Services, as defined below, Customer agrees to comply with this Acceptable Use Policy and to remain responsible for its users. Lightcurve reserves the right to change or modify the terms of the AUP at any time, effective when posted on Lightcurve’s web site at https://rainierconnect.com/policy/internet-acceptable-use-policy/. Customer’s use of the IP Service after changes to the AUP are posted and shall constitute acceptance of any changed or additional items. As used in this AUP, the term “Customer” refers to the person or entity of record as responsible for the subscription to IP Services and can refer to more than one person or entity, where appropriate, and also includes any person or entity using Customer’s IP Services.GENERAL PROHIBITIONS
Lightcurve prohibits use of the IP Services in any way that is unlawful, harmful to or interferes with use of Lightcurve’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy. Customer is responsible for any misuse of IP Services that originates from Customer’s account, even activities committed by a friend, family member, co-workers, employee, guest or anyone with access to the account. Customer is responsible to ensure that others do no gain unauthorized access to the IP Services. Customer may not resell the IP Services without the express written consent of Lightcurve, which may be granted or withheld in Lightcurve’s sole discretion.IDENTITY THEFT
The customer understands that sending personal identifying information over the Internet may open the customer to identify theft. It is the customer’s responsibility to protect their personal identifying information and Lightcurve is not responsible for any incidence of identity theft. The following activities are violations of the Lightcurve Acceptable Use Policy. Some are also illegal and may carry federal or state criminal penalties and possible civil penalties:GIVING YOUR Lightcurve PASSWORD TO OTHERS
Revealing your Lightcurve password to others outside your household for purposes of allowing them to use the Internet without paying for it is theft of service. This also compromises your own privacy by enabling others to access your email since the same password is generally used both for logging in and for checking mail.SHARING OR RESELLING BROADBAND SERVICE
Sharing or reselling a consumer-grade broadband connection such as Broadband, is in violation of Lightcurve Acceptable Use Policy and will be considered theft of service. This type of account is intended for the use of one family or one business within a single premises. Sharing of service with other families or other businesses, whether or not you charge them for their use of the service, is not permitted.CRACKING (MOST COMMON IMPROPERLY REFERRED TO AS HACKING)
Unauthorized or illegal accessing of computers or networks, whether or not damage is caused. A large group of activities falls into this category which is commonly known as “Hacking”.DISTRIBUTION OF VIRUSES
Deliberate distribution of Computer Viruses or other destructive software technologies such as Worms, Trojan Horses or E-Mail bombs.E-MAIL SPAMMING
Unsolicited, mass emailing or posting to Usenet newsgroups, usually for commercial purposes is a greatly controversial and discouraged practice throughout the Internet, both by users and ISP’s. Large quantities of unwanted email and Usenet News postings are wasteful of Internet resources and an invasion of the privacy of other users. In addition they can potentially disrupt email and other services provided by Lightcurve or other ISP’s due to causing loads in excess of those for which their systems were designed. Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Spam/E-mail or Usenet abuse is prohibited. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities.- sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipient;
- sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials; sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Lightcurve network or of the networks with which Lightcurve interconnects, by virtue of quantity, size or otherwise;
- using another site’s mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address or origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newgroups, that could reasonably be expected to generate complaints;
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
UNLAWFUL ACTIVITIES
IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Lightcurve or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, or other intellectual property right now known or later recognized by statute, judicial decision or regulation.THREATENING MATERIAL OR CONTENT
IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create ad domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Lightcurve provided web hosting, Lightcurve reserves the right to decline to provide such services if the content is determined by Lightcurve to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others; provided, however, Lightcurve undertakes no obligation to monitor or police the IP Services.INAPPROPRIATE INTERACTION WITH MINORS:
Lightcurve complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.CHILD PORNOGRAPHY:
IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Lightcurve at the following e-mail address: legal@rainierconnect.net. Lightcurve will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and/or law enforcement agencies and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.SECURITY VIOLATIONS
Customer is responsible for ensuring and maintaining security of its systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates. Due to the public nature of the Internet, all email is considered to be publicly accessible and important information should be treated carefully. Lightcurve is not liable for the protection or maintenance of privacy of email or other information transferred through the Internet. Customer is solely responsible for protection of Customer’s identity from identity theft. IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Lightcurve’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:- unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of email addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hijacking;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type;
- using manual or automated means to avoid any use limitations placed on the IP Services;
- providing guidance, information or assistance with respect to causing damage or security breach to Lightcurve’s network or systems, or to the network of any other IP Service provider;
- providing or transmitting ransomware;
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
OTHER PROHIBITED USE AND ACTIVITIES
Initiating, perpetuating, or in any way participating in any pyramid or other illegal scheme. Participating in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity. Falsifying references to Lightcurve, its network or affiliates by name or other identifier, in messages. Impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, or performing any other similar fraudulent activity (for example, “phishing.”) Phishing uses fraudulent email addresses that appear to be from a legitimate Internet address with a justifiable request or that link or direct to a fraudulent website in order to get personal information including passwords, bank accounts, credit card information in order to withdraw money from victim’s bank accounts. Violating the rules, regulations, or policies applicable to any network, service, computer database, or Website you access. For Customers other than Authorized ISPs, reselling the Service or otherwise making it available to anyone outside the premises of the User (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. Customers that subscribe to residential Services may use the Service for personal and non-commercial use only and shall not use the residential Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit). Restricting, inhibiting or interfering with the ability of any person to access, use or enjoy the Internet, the Service or any equipment used to connect to the Service, or creating an unusually large burden on the Network, knowingly or unknowing, including without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horses or other harmful, limiting, destructive or debilitating feature. Operating a server in connection with the Service, including, but not limited to mail, news, file gopher, telnet, chat, Web, or host configuration services, multimedia streamers or multi-user interactive forums unless so allowed in selected Service.Interfering with computer networking, communications or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.DEFAMATION
Defamation or false statements about others can result in lawsuits against either the person making the statement or against the ISP who provides you with Internet access.OBSCENITY
Distribution of obscene speech, images or other materialsCOPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
Unauthorized copying and distribution of copyrighted materials regardless of the media – (including but not limited to: text & images whether downloaded from the Internet or scanned from a magazine or other publication, music & other sound files whether downloaded or recorded from a record, tape or CD, video regardless of its source, software whether downloaded or otherwise copied) or any other intellectual property using your Lightcurve account. This includes displaying of graphics or text on your own web page without the express permission of the party who created them. The general rule is: If you didn’t create it yourself, or the person(s) who created it has not specifically given permission to use it, don’t display or distribute it in any way even if you give them credit for it. It is usually OK to place a link to someone else’s page, but actually using their materials on your page is a violation of copyright. Lightcurve respects the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements to service providers like Lightcurve. In accordance with the DMCA and other applicable laws, Lightcurve maintains a policy that provides for the termination of IP Services, under appropriate circumstances as determined by Lightcurve, if Customer is found to be a repeat infringer and/or if Customer’s IP Services are used repeatedly for infringement (the “Repeat Infringer Policy”). Lightcurve may terminate IP Services at any time with or without notice to Customers. Lightcurve has no obligation to investigate possible copyright infringements with respect to materials transmitted by Customer or any other users of the IP Services. However, Lightcurve will process valid notifications of claimed infringement under the DMCA, and continued receipt of infringement notifications for Customer’s account will be used as a factor in determining whether Customer is a repeat infringer. In addition, Lightcurve may voluntarily participate, on terms acceptable to Lightcurve, in copyright alert and graduated response programs.DMCA COPYRIGHT NOTIFICATIONS:
Pursuant to 17 U.S.C. §§ 512(b)–(d), a copyright holder may send Lightcurve a valid notification of claimed copyright infringement under the DMCA. Lightcurve’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is: Network Operations Lightcurve 2516 South Holgate Street, Tacoma, WA 98402 E-mail: legal@rainierconnect.net Due to the substantial volume of notifications of claimed infringement that Lightcurve receives and processes, we are unable to accept notices of alleged copyright infringement via this designated agent or email address other than notifications of claimed infringement sent pursuant to Sections 512(b)–(d).DISTRIBUTION OF EXPORT CONTROLLED SOFTWARE
Certain encryption software is restricted for export by the US government. You are not permitted to distribute this software to others who live outside the United States.REFUND POLICY
No refunds will be made for amounts less than $5.00.SERVICE AND PERFORMANCE
Lightcurve will make reasonable efforts to assure that Lightcurve Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service. Lightcurve shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to Lightcurve’s Internet Services. Lightcurve shall not be liable for performance deficiencies caused or created by your equipment. You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the Lightcurve Internet Service. Further, you shall ensure that such equipment is technically and operationally compatible with the Lightcurve Internet Service and in compliance with applicable Federal Communications Commission rules and regulations. Lightcurve Internet Service is provided over a shared network and users will contend for bandwidth. As a result, depending, among other things, upon the intensity of customer use of Lightcurve Internet Service, the bandwidth available to you and the speed of service will not always operate at optimum levels. Lightcurve does not guarantee or cap bandwidth. However, if Lightcurve determines, in its sole discretion, that your account is using, or has consistently used, an excessive amount of bandwidth, Lightcurve may terminate your account at any time and without notice. Before taking any such action, Lightcurve shall make a reasonable effort to notify you that such action will be taken. If your use or modification of the software, hardware or equipment supplied by Lightcurve requires a visit to your home or business for repair or correction, Lightcurve reserves the right to charge you for the visit and labor required to correct the situation. Lightcurve does not undertake to correct or repair software, hardware or equipment that it does not supply.WIRELESS ACCESS POINTS
The use of a Wireless Access Point such as a wireless cable modem or wireless switch or router presents security risks that the user needs to be aware of. If you decide to use such a wireless device on your broadband Internet connection and it is not properly configured with a password, WEP Key or WPA Key, others can gain access to your computer(s) and other network devices causing damage to your data, software and the devices themselves. Use of your connection in this manner by others can impinge on your Internet bandwidth and degrade your own service. Further, these unknown persons could use your Internet service for illegal or nefarious purposes. You could be held responsible by law enforcement authorities for these acts of others and possibly become subject to civil or criminal penalties. You acknowledge that you understand this risk and will take steps to properly configure any wireless devices that may be installed on your network so as to prevent unauthorized access to your broadband connection.CUSTOMER RESPONSIBILITIES
Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Lightcurve has no responsibility for any material created on the Lightcurve’s network or accessible using IP Services, including content provided on third-party websites linked to the Lightcurve network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Lightcurve of the content(s) of such sites. Customer is responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.AUP ENFORCEMENT AND NOTICE
Customer’s failure to observe the guidelines set forth in this AUP may result in Lightcurve taking actions anywhere from a warning to a suspension or termination of Customer’s IP Services. When feasible and, in Lightcurve’s sole opinion when appropriate, Lightcurve may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation. Lightcurve reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped, or when Lightcurve reasonably determines that the Customer’s use of the affected IP Services may: (1) expose Lightcurve to sanctions, prosecution, civil action or any other liability; (2) cause harm to or interfere with the integrity or normal operations of Lightcurve’s network or networks with which Lightcurve is interconnected; (3) interfere with another Lightcurve Customer’s use of IP Services or the Internet; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to Lightcurve or other Lightcurve customers. Any failure of Lightcurve to take action in any instance shall not be construed to be a waiver of any right to do so in another instance.EMAIL INACTIVITY POLICY
Mailboxes that are inactive for 180 days will be closed without notice. For the purposes of this policy, a mailbox will be considered “active” if you do any of the following:- Access your mailbox to read your mail
- Send a message from your mailbox
- Set up automatic forwarding of your e-mail
