Acceptable Use Policy for Commercial Services
Please read this Acceptable Use Policy for Commercial Services (“AUP”) carefully. Astound Business Solutions, LLC and its affiliates (collectively, “Astound”) offer a variety of communications services (“Services”) to commercial and governmental customers. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC. Your use of Astound’s Services constitutes your acceptance of and agreement to comply with the provisions of this AUP to the extent its provisions are applicable to the Services you use. You are responsible for ensuring that all users of Services comply with this AUP. This AUP applies to your use of Services in addition to and in conjunction with the provisions of any Master Services Agreement, Service Order, Standard Terms and Conditions for Enterprise Services, Small Business Services Subscriber Agreement, IRU Agreement, Standard Terms and Conditions for Commercial Bulk Video Services or other contract documents you have entered into with Astound (collectively, your “Contract”). To the extent the provisions of this AUP conflict with any provisions of your Contract, the provisions of your Contract control. Astound may modify this AUP at any time without notice. Your continued use of the Services after such modification constitutes acceptance of the modified AUP.
Potential Consequences of Violating this AUP.
Although Astound does not normally monitor, screen or otherwise access the content of data transmitted using any Service, Astound reserves the right to do so at any time for reasonable network management purposes, to identify violations of this AUP, and to cooperate with law enforcement activities. Astound reserves the right, in its sole discretion, to (i) remove or block any traffic which Astound determines is illegal, deceptive, harmful, offensive or otherwise in violation of this AUP, and/or (ii) suspend or terminate your Services without notice and without liability to Astound if a violation of this AUP occurs through your Services. Any violation by you of this AUP grants Astound permission to take action to restrict or terminate your access to and use of Services. You agree to indemnify, defend and hold Astound and its affiliates, suppliers, and agents harmless from and against all claims and expenses (including reasonable attorneys’ fees and costs) resulting from your violation of this AUP. Your indemnification obligations will survive any termination of Service. Astound’s failure to enforce this AUP in any one or more instances does not constitute a waiver of Astound’s right to enforce this AUP at any time in the future.
Prohibited uses of Services include, but are not limited to, the following:
Illegal or Unlawful Use. Using Services to engage in, undertake, accomplish, instigate, encourage or further any illegal or unlawful purpose or activity. This includes any and all illegal or unlawful purposes and activities that are not expressly described elsewhere in this AUP.
Making Robocalls or Robotexts. Using Services to make, attempt to make, or facilitate the making of unauthorized robocalls and/or robotexts.
Unauthorized Hacking. Using Services to perform, attempt to perform, encourage or enable unauthorized hacking of any kind. This includes, but is not limited to: (i) breaching or circumventing the network security system of any host, network, server, database or user account, whether on Astound’s network or on another carrier’s network, without permission; (ii) initiating, performing, participating in or assisting in the performance of denial of service or DDoS attacks; (iii) using or distributing tools designed to circumvent or compromise network security, such as ransomware, spyware, malware, password cracking or network probing algorithms or analyzers, encryption circumvention devices, or Trojan Horse programs.
Fraudulent Activity. Using Services to engage in, commit, encourage or further fraudulent activities or other deceptive practices. This includes, but is not limited to, identity theft, credit card fraud, forgery, or impersonation of any person or entity.
Violating Intellectual Property Rights. Using Services in a manner that violates the intellectual property rights of Astound or of any third party. This includes, but is not limited to, (i) modifying, disassembling, decompiling, preparing derivative works of, reverse engineering or otherwise attempting to gain access to the source code of any of the software components of your Services, (ii) using the software components of your Services for the development, production or marketing of a service or product substantially similar to your Services, or (iii) transmitting, reproducing, or distributing information, data, software or other material that is protected by copyright, trademark, patent, trade secret or other proprietary rights laws, rules or regulations without obtaining permission of the owner.
Privacy Violations. Using Services in a manner that violates the privacy of others. This includes, but is not limited to, collecting (or attempting to collect) or disseminating personal information about third parties without their consent.
Offensive or Objectionable Use. Using Services in a manner that a reasonable person could deem to be offensive or objectionable, regardless of whether or not the use is lawful. This includes, but is not limited to, using Services to: (i) harass, annoy, or threaten others; (ii) transmit or disseminate material which a reasonable person could deem to be objectionable, defamatory, offensive, indecent, vulgar, hateful or otherwise inappropriate; or (iii) send or collect responses from unsolicited bulk communications (e.g., “spam”).
Causing Network Performance Degradation. Using Services in a manner that causes (or is likely to cause) performance degradation of Astound’s network and/or inhibits, interferes with or impedes other authorized users of Astound’s network from making normal and reasonable use of their Services. This includes, but is not limited to, the generation of excessive levels of network traffic, regardless of intent, purpose or knowledge.
Unauthorized Resale. Unauthorized resale of Services. Unless you are an authorized wholesale partner of Astound, Astound’s commercial Services are exclusively for your internal business use and may not be re-sold or otherwise distributed outside your organization. If you desire to re-sell Astound’s Services, please contact Astound’s Wholesale team about becoming an authorized wholesale partner.
Violating Other Provider’s Policies. Using Services in a manner that violates the rules, regulations, or policies established by or applicable to any non-Astound network, server, database, or website that you access using Astound’s Services.
As a user of Services, it is your responsibility to secure your network from external threats such as DDoS attacks, ransomware, viruses, worms and other methods of unauthorized intrusion. In all cases, you are solely responsible for the security of any device you choose to connect to Service, including any data stored or shared on that device. You are responsible for any misuse of Services, even if the misuse was committed without your authorization. Therefore, you must take steps to ensure that others do not gain unauthorized access to Services or use Services in an unauthorized manner.
Digital Millennium Copyright Act.
Astound is committed to complying with U.S. copyright and related laws. Astound reserves the right to terminate, in appropriate circumstances, the service provided to any customer or user in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Astound will terminate the subscriptions of repeat copyright infringers. Astound’s copyright compliance policies do not affect any other rights Astound may have under law or contract.
For more information, please see Astound’s DMCA Policy on Astound’s website: https://www.astound.com/business/legal-disclosures/dmca-policy/