Acceptable Use Policy (AUP)

  1. Prohibited Activities. You may not use the network in a manner that does any of the following: violates any applicable local, state, federal or international law, order or regulation, infringes upon the rights of others, interferes with or diminishes the use and performance of the network by others, or interferes with or diminishes the ability of Next Level Infrastructure, LLC (with its employees, agents, affiliates, successors and assigns, “Next Level“) to operate Next Level’s Internet Service in conformance with Next Level’s agreement with the community network. Additionally, you may not use the network:
    • To harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful.
    • To take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
    • To use a public routeable IP address not assigned to you by Next Level.
  2. Intellectual Property Infringement. You may not use the network to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, moral rights, or proprietary rights of any party. Next Level assumes no responsibility, and you assume all risk regarding the determination of whether material is in the public domain or may otherwise be used by you for such purposes.
  3. Misuse of Network. You may be held responsible for any misuse or abuse of the Network that occurs through your account or IP address, even if such uses are inadvertent or unintended. You must therefore take precautions to ensure that others do not gain unauthorized access to the Network, misuse, or abuse the network, including by violating this policy.
  4. Disruption of Service. You may not disrupt the network in any manner. You shall not interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempting to “crash” a host.
  5. Security of Your Devices. You are solely responsible for the security of any device connected to the network, including any data stored on that device. You are responsible for implementing appropriate security precautions for all systems connected to the network to protect against threats such as viruses, spam, Trojan botnets, and other malicious intrusions.
  6. Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content transmitted over the network may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, spambot, worm or other harmful program or that generates levels of traffic sufficient to impede others’ ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.
  7. User Content. You are solely responsible for any information that is transmitted from your IP address or your account on any Internet service. Next Level reserves the right to refuse to post or to remove any information or materials from the network, in whole or in part, that Next Level deems to be illegal, offensive, indecent or otherwise objectionable. Next Level has no obligation to monitor such content or transmissions.
  8. Next Level Has No Responsibility Regarding Your Equipment. Your decision to connect your own equipment to the Next Level Network is at your sole risk and responsibility. You assume all obligations of support, maintenance, configuration and operations of any equipment provided by you. Next Level assumes no responsibility for the condition or repair of any equipment provided by you. Next Level is not liable for any loss or impairment of the network due in whole or in part to a malfunction or defect in equipment provided by you.
  9. FCC Compliance. Should any device or any facility supplied by you not comply with the technical specifications established by the Federal Communications Commission, including but not limited to those relating to signal leakage, Next Level reserves the right to disconnect such device or facility from the network until you cure such non-compliance.
  10. Next Level Not Liable for Circumstances Beyond Next Level’s Control. In no event shall Next Level be liable for any failure or interruption of service resulting in part or entirely from circumstances beyond Next Level’s reasonable control. Disruption of service arising from failures in the community network is specifically not within the control of Next Level. Next Level shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause.
  11. Mutual Limitation of Liability. Neither party shall be liable for any delay or failure of performance due to causes beyond its control, including but not limited to acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies, unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages or other labor difficulties.
  12. Access May Be Suspended for Violations. Next Level may suspend your access to the network without prior notice in the event you violate this Acceptable Use Policy. Next Level will restore your access once an unintentional or inadvertent violation is cured.
  13. Confidentiality of Network Information. Next Level may collect and analyze network traffic in order to manage the performance of the network and to identify violations of this policy and (if applicable) the Terms of Service Agreement. Next Level will take reasonable care to keep this information confidential, along with your customer billing information and information that associates you with an IP address. Next Level will not disclose this data to third parties for marketing purposes. Next Level will disclose this data in response to valid legal process.

 

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