Lennon Telephone Company (LTC) has adopted this Acceptable Use AUP (“AUP”) to outline the acceptable use of LTC’s Broadband Internet service (“ Broadband Service”). This AUP is in addition to any restrictions contained in the LTC Agreement for Residential Broadband Services (the “Subscriber Agreement”) available at www.lentel.com . Please refer to the Frequently Asked Questions (“FAQs”) at www.lentel.com include explanations of how LTC implements and applies many of the provisions contained in this AUP. All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement. You, the customer, must comply with this AUP. Your failure to do so could result in the suspension or termination of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify LTC so that it can close your account. LTC may revise this AUP from time to time by posting a new version on the Web site at www.lentel.com (the “LTC Website”). LTC will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e‐mail announcements or posting information on the LTC Website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of the LTC Broadband Internet Broadband Service should read any LTC announcements they receive and regularly visit the LTC Web site and review this AUP to ensure that their activities conform to the most recent version. You can send questions regarding this AUP to, and report violations of it at, www.lentel.com . To report illegal content on the Internet go to www.ftc.gov.
In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.
No user of the Broadband Service, Customer Equipment, or the LTC Equipment may, individually or in combination with another:
In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service by, for example, strictly maintaining the confidentiality of your Broadband Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by LTC that connect to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
LTC reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this AUP, or otherwise harmful to LTC's network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP. Neither LTC nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e‐mail, file transfer, blog, newsgroup, and instant message transmissions) made on the Broadband Service. However, LTC and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law. C. Service Restrictions All of LTC’s network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. LTC assumes no responsibility for the [Type text] timeliness, mis‐delivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
As part of the Broadband Service, LTC provides access to personal Web pages and storage spacethrough the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content LTC reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this AUP. For purposes of this AUP, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. LTC may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Broadband Service if we determine that you have violated the terms of this AUP.
LTC manages its network with the goal of delivering a fast, safe and uncompromised broadband Internet experience to all of its customers. But, high‐speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion ofbest possible Broadband Internet experience by all of LTC’s customers. The company uses reasonable network management practices that are consistent with industry standards. LTC tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet. All broadband Internet service providers manage their networks. Many of them use the same or similar tools that LTC does. If the company didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this AUP, LTC can deliver the best possible broadband Internet experience to all of its customers. Visit LTC's website at www.lentel.com for more information.
LTC uses various tools and techniques to manage its network, deliver the Broadband Service, and ensure compliance with this AUP and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. LTC’s network management practices may include
You acknowledge that all of the LTC Internet services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on the LTC Internet Services established by LTC and LTC suppliers. You agree not to intentionally use the LTC Internet Services on a standby or inactive basis in order to maintain a connection. The excessive use or abuse of LTC’s network resources by one Customer may have a negative impact on all other Customers. Accordingly, you may not use the LTC Internet 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 LTC’s sole discretion. Such prohibited actions include, but are not limited to: using the LTC Internet Services to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading, or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of the LTC Internet Services. The Broadband Service is for personal and non‐commercial residential use only. Therefore, LTC reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by LTC in its sole discretion. LTC has established a monthly data consumption threshold per LTC Broadband Internet account of 250 Gigabytes (“GB”). Use of the Broadband Service in excess of 250GB per month is excessive use and is a violation of the AUP. See the LTC’s website at www.lentel.com to learn how LTC applies this AUP to excessive use. Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using
You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Broadband Service, nor represent (as determined by LTC in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with LTC's ability to deliver and monitor the Broadband Service or any part of its network. If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, LTC may, in its sole discretion, suspend or terminate your Broadband Service account or request that you subscribe to a version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. LTC may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans. [Type text] LTC's determination of the data consumption for Broadband Service accounts is final.
LTC reserves the right to immediately suspend or terminate your Broadband Service account and terminate the Subscriber Agreement if you violate the terms of this AUP or the Subscriber Agreement. LTC does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. 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 Broadband Service. LTC has no obligation to monitor the Broadband Service and/or the network. However, LTC and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and LTC users. LTC prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. LTC also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without LTC's intervention. However, if the Broadband Service is used in a way that LTC or its suppliers, in their sole discretion, believe violates this AUP, LTC or its suppliers may take any responsive actions they deem 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 Broadband Service (including but not limited to newsgroups). Neither LTC nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not LTC's exclusive remedies and LTC may take any other legal or technical actions it deems appropriate with or without notice. LTC reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on LTC's servers and network. During an investigation, LTC may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to LTC and its suppliers cooperating with
Upon termination of your Broadband Service account, LTC is authorized to delete any files, programs, data, e‐mail and other messages associated with your account (and any secondary accounts). The failure of LTC or its suppliers to enforce this AUP, 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 AUP 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 LTC and its affiliates, suppliers, and [Type text] agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of the Subscriber Agreement. V. Copyright and Digital Millennium Copyright Act Requirements LTC is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is LTC's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Broadband Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who LTC, in its sole discretion, believes is infringing these rights. LTC may terminate the Broadband Service at any time with or without notice for any affected customer or user.