Acceptable Use Policy (AUP)

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Background

THIS ACCEPTABLE USE POLICY (AUP) IS A MATERIAL PART OF ANY CUSTOMER AGREEMENT WITH SIMPLY BITS, LLC FOR THE PROVISION OF SERVICE(S). BY YOUR USE AND ACCEPTANCE OF SIMPLY BITS’ SERVICE(S), YOU ARE ACKNOWLEDGING THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRESENTED. IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICE(S) PROVIDED BY SIMPLY BITS.

SIMPLY BITS RESERVES THE RIGHT TO CHANGE THIS AUP AT ANY TIME AND ANY MODIFICATION(S) SHALL BE EFFECTIVE WHEN POSTED. YOUR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH MODIFICATION(S).

VIOLATION OF ANY PROVISION OF THIS AUP MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM SIMPLY BITS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. NO CREDITS WILL BE ISSUED FOR AN INTERRUPTION IN SERVICE RESULTING FROM AUP VIOLATIONS.

Open Internet Policies | Network Management

Simply Bits is committed to providing internet services as an open platform for innovation, entertainment and free expression. The Simply Bits network does not block access to or discriminate against any lawful web site, application or service.

The purpose of this disclosure is to provide information regarding our network management practices to enable you to make informed choices regarding the purchase and use of our services. Simply Bits does not block any lawful content, applications, services, or your use of non-harmful devices. Simply Bits does not discriminate in transmitting lawful network traffic except as reasonably necessary to manage our network effectively for the benefit of our customers as described below.

Congestion Management and Usage Metering

In an effort to provide excellent service to all our customers, we closely monitor the overall bandwidth usage of our customers. Simply Bits’ congestion management techniques are tailored on an area-by-area basis to ensure that under congested network conditions all customers in that area receive their fair share of the service. Our technique does not manage congestion based on specific online activities, protocols or applications that a customer uses.

If a certain area of the network nears a state of congestion, our congestion management technique will ensure that all customers have a fair share of network access. This technique will identify which customer accounts are using the greatest amounts of bandwidth relative to other customers in that area, and their internet traffic may be temporarily managed for a period of twenty-four (24) hours or until the congestion period passes, whichever is greater. Customers will still have online access to the internet, but they could experience longer download/upload times or slower web surfing.

Congestion management is only activated when congestion is detected in an area of the network. In regular intervals, network equipment is polled to identify what areas may be experiencing congestion. When a specific area is determined congested, the customers serviced from that area are analyzed and then managed based on plan and usage thresholds until the congestion has been alleviated. No specific types of online activities, protocols or applications are targeted by these techniques. Simply Bits reserves the right to apply usage metering based on network management and usage within any network area.

Network Security

Simply Bits uses a number of tools and techniques to protect its network and customers from malicious and unwanted internet traffic such as preventing the distribution of viruses or other harmful code and preventing the delivery of spam. Simply Bits works to identify these potential types of threat vectors to mitigate their impact on the overall network.

Network Speeds

Simply Bits has engineered its network to enable customers to enjoy the speeds to which they subscribe; however, Simply Bits does not guarantee that a customer will achieve those speeds at all times. Unless a customer purchases a dedicated internet connection, no internet service provider (“ISP”) can guarantee a particular speed at all times. Simply Bits offers it plans with an “up to” or maximum speed. The actual speed and latency of your internet connection is dependent on several variables, some of which are beyond the control of Simply Bits, including:

1. Your personal computing device. The performance of your computer, tablet or internet access device, including its age, processing capability, the operating system, the number of applications running simultaneously, the number of devices attached to and using the connection and the presence of any adware or viruses.
2. Congestion or high usage levels. If a large number of visitors are accessing a website or a particular destination at the same time, your connection will be affected if that site or destination does not have sufficient capacity to serve all visitors.
3. Gating. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to your connection with Simply Bits.
4. Distance. The distance packets travel (round trip time of packets) between your computer and its final destination on the internet, including the number and quality of the networks of various operators in the transmission path. Since the internet is a “network of networks,” your connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks could affect the overall speed of your internet connection.
5. Type of connection. Wi-Fi connections between your computer and the router or modem may be slower than the internet connection we provide. In-home or on premise Wi-Fi connections also may be subject to greater performance fluctuations, caused by factors like interference and congestion. We recommend that you confirm that your Wi-Fi connection is able to support the speed that we deliver and is not interfering with our signal.
6. Other. We engineer every fixed wireless connection to continue to work in heavy rain; however severe storms or other atmospheric conditions may temporarily degrade connectivity, though such instances are rare.

Natural obstructions (i.e. trees or changing foliage) or man-made impediments (i.e. new building construction) that were not in the path or line-of-sight between your antenna and our service distribution at time of install could have an effect on your signal. We have diagnostic tools that allow us to look at the quality of the link and determine if service has degraded. If we determine that there has been a no-fault degradation in service, our installation technician will visit your location and adjust the antenna at no charge.

Our equipment must comply with certain FCC regulations concerning radar avoidance (FCC 14-30 | Revision of Part 15 – U-NII Devices in the 5 GHz Band)

Customer Security Responsibilities

You are solely responsible for any breaches of security affecting equipment under your control. If your equipment or network is involved in an attack on another server or system, it will be shut down.

System and Network Security

Violations of system or network security may result in criminal and civil liability. Simply Bits may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Simply Bits. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Enquiries regarding security matters may be directed to noc@simplybits.com.

Simply Bits is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Simply Bits urges its customers to assume that all of their online communications are insecure. Simply Bits cannot take responsibility for the security of information transmitted over Simply Bits' facilities.

Password Protection

The customer is responsible for protecting customer's password(s) and for any authorized or unauthorized use made of customer's password(s). The customer will not use or permit anyone to use Simply Bits' service to guess passwords or to access other systems or networks without authorization. Simply Bits will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

The customer is expected to be familiar with and to practice good internet etiquette. The customer will comply with the rules appropriate to any network to which Simply Bits may provide access. The customer should not post, transmit, or permit internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against Simply Bits by offended users. Simply Bits reserves the right to refuse or terminate service at any time for violation of this section.

Copyright Infringement - Software Piracy Policy

The Simply Bits network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Under the Digital Millennium Copyright Act (DMCA), copyright owners have the right to notify Simply Bit’s registered agent if they believe that a Simply Bits customer has infringed on their work(s). When Simply Bits receives a complaint notice from a copyright owner, Simply Bits will notify the customer of the alleged infringement by providing them a copy of the submitted DMCA notice. As required by law, Simply Bits enforces a graduated response policy to complaints that may lead to suspension or termination of service. Simply Bits may terminate services if we receive more than three (3) notices. Please be aware that no refunds or pro-rations will be given for installation and/or service fees if your account is cancelled due to excessive DMCA notices.

Network Responsibility

Customers have a responsibility to use the Simply Bits network responsibly. This includes respecting the other customers of Simply Bits. Simply Bits reserves the right to suspend and or cancel service with any Customer who uses the Simply Bits network in such a way that adversely affects other Simply Bits customers. This includes but is not limited to: attacking or attempting to gain unauthorized access to servers and services that belong to Simply Bits or its customers (i.e., computer hacking), and/or participating in behavior which results in reprisals that adversely affect the Simply Bits network or other customers' access to the Simply Bits network. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any Simply Bits service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Simply Bits services or products is prohibited. Using the Simply Bits network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Simply Bits network are open to the public. You are solely responsible for your usage of the Simply Bits network and servers and any statement you make on servers hosted within the Simply Bits network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Child Pornography on the Internet

Simply Bits will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their actions over the Simply Bits network, and will be liable for illegal material accessed or posted. Violations of the Child Protection Act may be reported to the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) at 1-866-DHS-2-ICE. Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children via its toll-free 24-hour hotline, 1-800-THE-LOST.

Email

You may not use Simply Bits’ services to send bulk, commercial or unsolicited ("spam") email messages. The service may not be used to collect responses from unsolicited email sent from accounts on other internet hosts or email services that violate this AUP or the acceptable use policy of any other internet service provider. In addition, "mail bombing," 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.

If the service is disconnected, whether voluntarily or by termination, all user names and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until Simply Bits deletes them as part of its normal policies and procedures. There is no obligation for Simply Bits to retain or make any user name, email address or stored email retrievable once the service is disconnected.

IP Address Overlap

Simply Bits administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Simply Bits staff. Any server found using any IP address which was not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

VoIP Usage Restrictions

VoIP services from Simply Bits may not be used in conjunction with the following: MDU or MTU’s, auto dialers, broadcast fax, call center applications, foreign exchange services, public telephone services, public access smart-pay phones, A/D conversion PBX services, call-back services, WATS services, predictive calling/dialing systems, automatic outbound dialing systems, any type of ACD system, or the functional equivalent of any such system herein described, unless previously approved by Simply Bits.

Billing

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's network to the internet. The customer may request that the customer's network be disconnected from the internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Refer to Simply Bits’ Terms and Conditions for additional information.

Suspension

If Simply Bits, in its sole discretion, determines that a customer's network has become the source or target of any violation concerning the AUP, Simply Bits reserves the right to suspend network access to that customer. While Simply Bits will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, Simply Bits will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their network before, during and after the suspension period.

Cancellation

Simply Bits reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Refer to Simply Bits’ Terms and Conditions for additional information.

Disclaimer of Responsibility

Simply Bits is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred; accordingly, we do not assume any responsibility through our AUP to monitor or police internet-related activities. Simply Bits disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Sub-Networks, resellers and managed servers of Simply Bits must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUP BY YOU.

Permitted Uses - Residential Service

Residential internet services are provided for customer's personal, residential, non-business and non-professional use. This means that the residential customer may not use them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that a residential user may not resell or transfer the services to any other person for any purpose, or make any charge for the use of the service, without express written permission from Simply Bits in advance. The residential customer agrees that customer's use of the service for any commercial or governmental purpose will obligate the customer to pay Simply Bits' higher rates for commercial service on account of all periods, including past periods, in which customer uses, or used, the service for commercial or governmental purposes. Simply Bits reserves the right to immediately terminate or modify the service, if Simply Bits determines, in its sole discretion, that the customer's service is being used for non-residential use.

Disclaimer of Liability

Simply Bits shall in no way be liable or responsible for any loss, damage, or expense that customer may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the service or if the quantity of the service supplied is no longer available or suitable for customer's requirements. SIMPLY BITS’ EQUIPMENT AND SERVICES ARE NOT AUTHORIZED FOR CUSTOMER’S USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. CUSTOMER MAY NOT PLACE RELIANCE ON ANY SERVICE PROVIDED BY SIMPLY BITS FOR USE IN ANY REMOTE MONITORING APPLICATION OR SERVICE, INCLUDING THOSE THAT RELY ON CUSTOMER’S ON PREMISE WI-FI. SIMPLY BITS MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AUP, AND SIMPLY BITS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLY BITS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT SIMPLY BITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Last updated April 2016