Acceptable Use Policy

Last modified: May 25, 2022

Acceptable Use Policy

By using Internet Services (defined below) provided by Keystone WISP LLC., its affiliates or subsidiaries (“Keystone WISP”), you (“you” or “Customer”) agree to comply with this Acceptable Use Policy (“AUP”). This AUP may be revised from time to time and your use of Internet Services after changes are posted on Keystone WISP’s website at https://keystonewisp.com/legal/aup shall constitute your acceptance of any changed or additional terms.

Introduction

The AUP is designed to protect Keystone WISP’s assets, the assets of its customers and the Internet community from irresponsible or illegal activities of Keystone WISP’s Customers and Users (defined below). Adverse activities may disrupt, damage, or degrade Keystone WISP Internet Services, pose a threat to Keystone WISP’s assets, or expose Keystone WISP to claims of civil or criminal liability or other legal sanctions. Moreover, because of the various conventions used in the industry (including but not limited to blocking, filtering, and blacklisting) these activities may impair Keystone WISP’s ability to interconnect with other providers of Internet Services. These adverse activities may relate to the content stored or transmitted by Customers or its Users or the nature of transmissions themselves, such as sending large numbers of unsolicited messages (traditionally referred to as spam).

Customers are responsible for avoiding the prohibited adverse activities and strictly following the AUP terms set forth herein.

AUP Coverage

The AUP applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively “Internet Services”). Customer is responsible for the actions of others who may be using the Internet Services under Customer’s account (“Users”). It is Customer’s obligation to take whatever measures are necessary and appropriate to project access to Customer’s account (as an example: to keep the access password secured). If Customer or its User(s) violate the AUP, Keystone WISP may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.

Customer may have access through Keystone WISP networks and Internet Services to search engines, news syndication, subscription web services, chat applications, bulletin boards, web pages, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.

Keystone WISP is aware that some of its Customer may themselves be providers of Internet-based services, and that information reaching Keystone WISP networks or facilities from those Customers may have originated from Customer or from another third-party. Keystone WISP reserves the right to take action against Customer and directly against such Customers’ subscribers, even though Keystone WISP’s corrective action may affect other non-offending subscribers of the Keystone WISP Customer.

AUP Enforcement

Customer’s failure to observe the guidelines set forth in this AUP may result in Keystone WISP taking actions ranging from a warning to a suspension of privileges or termination of Services. Keystone WISP reserves the right, but does not assume the obligation, to strictly enforce this AUP. When feasible, Keystone WISP may provide Customer with notice of an AUP violation via e-mail or other methods and demand that such a violation is immediately corrected.

Keystone WISP reserves the right to act immediately and without notice to suspend or terminate Internet Services in response to a court order or other legal requirement that certain conduct should be stopped or when Keystone WISP determines, in its sole discretion, that conduct may:

  • expose Keystone WISP to sanctions, prosecution, civil action or any other liability,
  • cause harm to or interfere with the integrity or normal operations of Keystone WISP’s networks or facilities,
  • interfere with another person’s use of Keystone WISPs Internet Services or the Internet, or
  • otherwise present a risk of harm to Keystone WISP or Keystone WISP Customers or other parties Keystone WISP interconnects with.

Keystone WISP’s decisions with respect to the interpretation of the AUP and appropriate remedial actions are final and shall be determined by Keystone WISP in its sole discretion. Keystone WISP may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Keystone WISP assumes no obligation to inform you that your information has been disclose and, in some cases, may be prohibited by law from providing such notice.

Keystone WISP does not accept any obligation to proactively monitor the activities of those who use its Network Services or exercise any editorial control over any material transmitted, hosted or posted using Network Services to ensure that its Customers and Users comply with the AUP and/or the law, although it reserves the right to do so. If Keystone WISP is alerted to violations or potential violations of this AUP, Keystone WISP may take whatever measures it deems necessary and appropriate to stop or prevent such violations, including the actions described in this AUP. For example, Keystone WISP may in its sole discretion refuse to transmit, screen, or edit content prior to deliver of the Network Services, block access to certain categories of Internet Protocols or certain web sites as Keystone WISP determines necessary to enforce these policies.

If your Service is suspended or terminated for any AUP violation, you must get approval from Keystone WISP (outside of the normal ordering process) prior to reactivating or ordering new service. In any such case, Keystone WISP may in its discretion decline to reinstate your Network Services. If Keystone WISP approves you for reinstatement or new service, set-up fees, reactivation fees or deposits may apply. If Keystone WISP discovers that you have renewed Network Services or ordered new Network Services following termination for an AUP violation without the prior written consent of Keystone WISP, Keystone WISP may terminate your Network Services without further notice. In such case, you are responsible for any applicable early termination charges.

Keystone WISP will not issue any refunds, credits or other forms of compensation for the period when Network Services have been suspended as a result of violations or alleged violations of this AUP.

Keystone WISP shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from Keystone WISP’s exercise of its rights under this AUP.

Prohibited Actions

Keystone WISP is committed to complying with the laws and regulations governing use of the Internet and e-mail exchanges and to preserving for all of its customers the ability to use Keystone WISP’s Network Services and the Internet without interference or harassment from other users.

You are prohibited from using Network Services in any way that is unlawful, interferes with use of Keystone WISP’s network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes upon intellectual property rights, results in the publication of threatening or unlawful material, constitutes spam or e-mail abuse, or presents security or privacy risks.

Customer will not resell or provide Services to unauthorized third parties, whether as part of a commercial enterprise or otherwise.

Customer is prohibited from engaging in any other activity, whether legal or not, that Keystone WISP determines in its sole discretion to be harmful to its subscribers, operations, or networks.

Unlawful Activities

Keystone WISP Network Services shall not be used in connection with any violation of any applicable local, tribal, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

By using Network Services, Customer represents and warrants to Keystone WISP that Customer (and its Users) are not residents of any country or affiliated with any organization prohibited to do business within the United States as defined and set forth by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) at http://www.treas.gov/ofac. Accounts registered with false or misleading information may be terminated immediately and without notice.

Interaction with Minors

Keystone WISP has a zero tolerance policy regarding use of its Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this Service to harm or intimidate a minor. You agree to comply with all federal and state laws pertaining to the protection of minors, including the Children’s Online Privacy Protection Act and including reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children at https://www.missingkids.org.

Spam and E-mail Abuse

Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes a violation of this AUP and Keystone WISP reserves the right to seek damages and other available relief against Customer, as applicable.’

Spam and e-mail abuse is prohibited on Keystone WISP Network Services. Examples of spam and e-mail abuse include but are not limited to the following activities:

  • Sending unsolicited e-mail messages and “mail-bombing” (sending mass unsolicited messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient) using Network Services
  • using another mail server to relay mail without the express permission of the owner
  • using another computer, without authorization, to send multiple e-mail messages for the purpose of misleading recipients as to the origin
  • using IP addresses that the Customer does not have a right to use
  • collecting the responses from unsolicited e-mail messages
  • maintaining a site that is advertised via unsolicited messages, regardless of the origin of the unsolicited messages
  • spamming, or sending unsolicited commercial e-mail, sending unsolicited messages with petitions for signatures, or any chain mail-related materials, or requests for charitable donations
  • sending messages that are harassing or malicious or otherwise could reasonable be predicted to interfere with another party’s quiet enjoyment of the Keystone WISP Network Services or the Internet (eg. through frequency, size, content or otherwise)
  • sending bulk messages without identifying within the message a reasonable means of opting our or unsubscribing from receiving additional messages from the sender
  • forging headers or identifies in order to disguise the origin of e-mail
  • use of redirect links in unsolicited commercial e-mail to advertise a website or service
  • posting a single message, or messages to online forums or newsgroups, that could be reasonably expected to provoke complaints
  • posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information
  • sending bulk messages in quantities that exceed standard industry norms or that create a potential for the disruption of the Keystone WISP network or of the networks with which Keystone WISP interconnects
  • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends
  • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties
  • 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.

Spam Damages: Spam related damages are often very difficult to quantify. In those cases where the actual damages cannot be reasonably calculated Customer agrees to pay Keystone WISP liquidated damages in the amount of two dollars (US$2.00) for each individual piece of ‘spam’ or unsolicited bulk e-mail transmitted from or otherwise connected with Customer’s account, in addition to any other rights and remedies Keystone WISP may have in contract, law and equity.

Security Violations

It is the Customer’s responsibility to ensure the security of its network and the machine that connect to and use Network Services. You are responsible for configuring and securing your services to prevent damage to the Keystone WISP network and/or the disruption of Services to other customers, and ensuring that your customers and end users use the Network Services in an appropriate manner. Customer is required to take all necessary steps to manage the use of Network Services in a such a manner that network abuse is prevented or minimized to the greatest extend possible. It is he Customer’s responsibility to take corrective actions on vulnerable or exploited systems to prevent continued abuse. Violations of system or network security are prohibited and may result in criminal and/or civil liabilities.

Network Services may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of Keystone WISP’s or another party’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Example of violations of system or network security include but are not limited to:

  • Intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing or other action for the unauthorized interception of data or harvesting of e-mail addresses;
  • hacking — attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without the express consent of the owner of the system or network;
  • impersonating others in order to obtain another user’s account password or other personal information;
  • using the Network Services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (eg. phishing), or engaging in modem hijacking;
  • using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communications;
  • unauthorized monitoring of data or traffic on any network without the express consent of the owner of the system or network;
  • 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;
  • knowingly uploading files that contain viruses, “trojan horses”, “worms”, or any similar software, programs, or scripts that may damage the operation of another’s computer or property of another;
  • using manual or electronic means to avoid any use limitations placed on Network Services and
  • gaining unauthorized access to private networks.

Network Usage

Where a Keystone WISP Service account, service or feature description specifies a limit on bandwidth, disk utilization, simultaneous connections, and/or aggregate data download or upload, use in access of those limits is not permitted without an appropriate change in the account type or status and may incur additional charges for such usage.

Bandwidth, disk utilization, simultaneous connections, and aggregate data downloads or uploads will be computed or determined by Keystone WISP from time to time in developing its product and service offerings. In the event Keystone WISP determines that an account is exceeding the relevant bandwidth, disk utilization, aggregate data download or upload limits, simultaneous connections, or reasonable session times the account owner will generally be notified via e-mail. If the excess continues after such notification, the owner may be requested to upgrade the type of account or to modify the activity creating the excess use, or the account may be terminated at Keystone WISP’s sole discretion.

If excess bandwidth, disk space utilization, simultaneous connections, aggregate data download or upload, or session length is determined to adversely affect Keystone WISP’s ability to provide service, immediate action may be taken by Keystone WISP. The account owner may be notified by e-amil as soon as practicable thereafter.

Customer Responsibilities

Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded or uploaded, created, accessed or transmitted using Keystone WISP’s Network Services. Keystone WISP takes no responsibility and assumes no liability for any material created or accessible on or through the Keystone WISP networks using Network Services, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, the Customer (or its Users) may encounter. As the provider of Network Services, Keystone WISP is only a forum and is not liable for for any statements, representations, or content provided by the users of Network Services in any public forum. Keystone WISP shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Keystone WISP becomes aware that such material may violate this AUP, other applicable terms of use or contract provisions, and/or expose Keystone WISP to civil or criminal liability, Keystone WISP reserves the right to block access to such material and suspend or terminate the Service of any user creating, storing or disseminating such material. Keystone WISP further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Keystone WISP deems responsible for the wrongdoing.

Customer agrees to indemnify and hold Keystone WISP harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) made by any third party against Keystone WISP as a provider of the Network Services arising out of or relating to any violations of this AUP by Customer (or its Users).

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding a violation of this AUP by a Keystone WISP Customer (or its User) should be directed to the abuse@keystone-wisp.com e-mail. Where possible, please include details that would assist Keystone WISP in investigating and resolving such complaint (as an example e-mail headers, technological identifies, copies of offending transmissions, times, Internet Protocol addresses, and other such details).

Revisions to this AUP

Keystone WISP reserves the right to modify this AUP at any time, becoming effective when posted to Keystone WISP’s website. Notice of any change to this AUP may be, but is not required to be, provided to the Customer via e-mail. Customer must respond in a timely manner to complaints concerning misuse of the Network Services provided by and obtained from Keystone WISP. Failure to responsibly manage the use of Services provided by and obtained from Keystone WISP may be cause for termination of Network Services to the Customer and depending on the terms under which you acquired your Network Services could lead to the imposition of early termination fees.