Effective 1/1/2012

Introduction

Falcon Broadband, Inc. is pleased that you have chosen Falcon Broadband Internet, Telephone and/or video Services (the “Services”). This Acceptable Use Policy (the “AUP”) has been designed to protect our Services, our subscribers, and the community, from inappropriate, illegal or otherwise objectionable activities. Please read this policy prior to accessing the Services. All users of the Services must abide by this AUP. Your violation of this AUP may result in the immediate suspension or termination of either your access to the Services and/or your Falcon Broadband account may incur additional fees. This AUP should be read in conjunction with our Residential Terms of Services Agreement, Privacy Policy, and other applicable Falcon Broadband policies including Commercial Terms of Services agreements when applicable.

By using the Services, you agree to abide by, and require others using the Services via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE FALCON BROADBAND CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.

1. Prohibited Activities: You may not use the Services in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Services to:

  • Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
  • Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
  • Invade another person’s privacy, stalk, harass, or otherwise violate the rights of others.
  • Post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, and defamatory, incites hatred, or is otherwise offensive or objectionable.
  • Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Services, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other malicious code.
  • Collect or store personal data about other users.
  • Use an IP address not assigned to you.
  • Modify or replace Falcon Broadband-provided Services configurations and/or settings
  • Violate any other Falcon Broadband policy or guideline.
  • Resell or redistribute the Services to any third party via any means including but not limited to wireless technology.

2. Harm to Minors: You may not use the Services to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, and including child pornography or obscene material. 

3. Intellectual Property Infringement: You may not use the Services to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Falcon Broadband assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes. 

4. User Content: You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. Falcon Broadband reserves the right to block, refuse to post, or to remove to the best of its ability any information or materials crossing its network, in whole or in part, that it, in Falcon Broadband sole discretion, deems to be offensive, indecent, or otherwise objectionable. 

5. Residential Service Usages: Unless expressly identified by a Commercial Agreement or Commercial Billing Code, the Services are designed for personal residential use and may not be used for commercial purposes. You may not resell or otherwise charge others to use the Services without a Commercial Agreement with Falcon Broadband.  Services.  Without a Commercial Agreement with Falcon Broadband you may not  use the Services for any business operation such as a call center, incoming or outgoing business telephone usage including toll, an entertainment business charging others to view video content or selling food and alcohol while others are viewing video content, as an Internet Service Provider, or for any other business enterprise, including, without limitation, Web Hosting, IP address translation, or similar facilities intended to provide additional access.  The Residential “Unlimited” toll products are specifically intended for residential toll usage ONLY which is defined as less than 1300 minutes of long distance toll per month.   

6. Personal Equipment and systems: You are responsible for any misuse of the Services that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse your account or personal equipment attached to the Services. You are solely responsible for the security of any personal device connected to the Services, including any data stored on that device. Falcon Broadband recommends that you take appropriate security, anti-virus, and backup precautions for any personal equipment or devices connected to the Services.   You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Services, unless expressly authorized by Falcon Broadband. 

7. Hacking/Attempted Unauthorized Access: You may not use the Services to breach or attempt to breach the security of another user or attempt to gain access to any other computer, system, account, or data owned by another person, company, agency, or other organization without knowledge and consent of such entity.  The equipment and the Services may not be used in any attempt to breach any security. This includes, but is not limited to, circumventing the user authentication or security of any software, system, website or other account not owned by you, accessing data not intended for you,  logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks or computers for any reason,  or use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, which are all expressly prohibited.

8. Disruption of Services You may not disrupt the Services in any manner. Nor shall you interfere with computer networking or telecommunications Services to any other user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, release of any computer virus, improper seizing and abuse of operator privileges or attempts to “crash” a host. 

9. Computer Viruses: Software and other downloadable internet content may contain computer viruses, Trojan Horses, Worms and other malicious software or code that can be damaging to your computer system, home networking equipment, or data.  It is your sole responsibility to take appropriate precautions to protect your devices from damage to software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a computer virus or any other malicious software or code content.

10. Electronic Mail: You may not use the Services to send unsolicited bulk or commercial e-mail messages (“spam”). Any unsolicited e-mail must also not direct the recipient to any web site or other internet source that contains malicious code or code that illegitimately attempts to collect information from the email recipient.   “Mail bombing,” or the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.  “Mail Spoofing” or the attempt to misrepresent the true sender of an email is prohibited.  Furthermore, forging, altering or removing electronic mail headers is also prohibited.

11. Bandwidth Limitations: You must comply with the current bandwidth limitations on the Services. Services have an internet bandwidth usage limitation of 250GB of combined downloads and uploads per month. You must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the Services, nor represent (in the sole judgment of Falcon Broadband]) an unusually large burden on the network itself.  In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede Falcon Broadband’s ability to deliver the Services and monitor the Services,. Falcon Broadband may terminate, suspend, or require you to pay additional fees to upgrade your Services if Falcon Broadband, in its sole discretion, determines that that you are using excessive bandwidth.

12. Conflict In the event of a conflict between the Residential or Commercial Terms of Service Agreement and this Acceptable Use Policy, the terms of service agreement will prevail.

13. How to Contact Falcon Broadband For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact Falcon Broadband at one of the following: