Acceptable Use Policy for Internet Services

By using our services you agree to the following:

Contents

I. Prohibited Uses and Activities
II. Customer Conduct and Features of the Service
III. Network Management and Limitations on Data Consumption
IV. Violation of this Acceptable Use Policy V. Copyright and Digital Millennium Copyright Act Requirements

Pixius’ goal is to provide its customers with the best Internet service possible. In order to help accomplish this, Pixius has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of the Pixius High-Speed Internet service (the “Service”). This Policy is in addition to any restrictions contained in the Pixius Subscriber Agreement (the “Subscriber Agreement”) available at home Internet terms and conditions for residential customers and at business terms and conditions for business customers. The Frequently Asked Questions (“FAQs”) at http://www.pixius.com/faqs includes explanations of how Pixius implements and applies many of the provisions contained in this Policy. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Subscriber Agreement.

Your Obligations

All Pixius High-Speed Internet customers and all others who use the Service (the “customer,” “user,” “you,” or “your”) must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Pixius so that it can close your account and ensure all Pixius equipment has been retrieved and materials returned to Pixius promptly.

Policy Revisions

Pixius may revise this Policy from time to time by posting a new version on the Web site at http://www.pixius.com/acceptable-use.html or any successor URL(s) (the “Pixius.com Web site”). Pixius will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the Pixius.com Web site, but is not required to. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Pixius High-Speed Internet Service should read any Pixius announcements they receive and regularly visit the Pixiuswireless.com Web site and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and report violations of it to support@pixius.com.

I. Prohibited Uses and Activities

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Pixius Equipment, either individually or in combination with one another, to:

Conduct and information restrictions

  • undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that might disrupts a server, account, blog, newsgroup, chat, or similar service;
  • initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  • participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • falsify, alter, or remove message headers;
  • falsify references to Pixius or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;

Technical Restrictions

  • access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • copy, distribute, or sublicense any proprietary software provided in connection with the Service by Pixius or any third party, except that you may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • residential accounts may not use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
  • use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
  • service, alter, modify, or tamper with the Pixius Equipment or Service or permit any other person to do the same who is not authorized by Pixius;

Network and Usage Restrictions

  • restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Pixius (or Pixius supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Pixius (or Pixius supplier) facilities used to deliver the Service;
  • resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. If this is a residential account the Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit). If this is a business account the Service is for business purposes and you agree not to use the Service for operation as an Internet service provider or any services typically delivered by an Internet service provider including, but not limited to hosting, email or e-commerce (shopping carts);
  • connect the Pixius Equipment to any computer outside of your Premises;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and
  • accessing and using the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subscribed to a Service plan that expressly permits you to do so.

II. Customer Conduct and Features of the Service

Your obligations – In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Pixius recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Pixius and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Pixius that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

Addressing Inappropriate Content or Transmissions

Pixius reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Pixius’ network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Pixius nor any of its affiliates, suppliers, employees or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Pixius and its affiliates, suppliers, employees and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Subscriber Agreement, and applicable law.

Electronic Mail Requirements

The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this Policy. Pixius is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Pixius is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Pixius’ sole discretion. In the event that Pixius believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Pixius (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, Pixius may at any time reserve any identifiers on the Service for Pixius’ own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted unless the account or customer is knowingly or unknowingly, involved with any legal proceeding, such as an investigation, subpoena or search warrant.

Our Mail Retention Schedule

Number of days of inactivity:

  • 60+ Days: Customer mailboxes will be placed on hold, still allowing incoming messages to be received, but cannot be logged into without contacting technical support.
  • 90+ Days: Customer mailboxes will be suspended and all existing messages will be purged from our file servers. This will disallow incoming email messages and cannot be logged into without contacting technical support.
  • 120+ Days: The mailbox and all data will be completely removed from our mail servers. The account can be recreated if it has not already been taken by another customer.

Requirements for audio, video and instant messages – Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Pixius assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all audio, video, and instant messages associated with that account (and any secondary accounts) will be permanently deleted unless the account or customer is knowingly or unknowingly, involved with any legal proceeding, such as an investigation, subpoena or search warrant.

Requirements for personal web pages and file storage – As part of the Service, Pixius may provide access to personal Web pages and storage space through the Personal Web Pages and Online Storage features (collectively, the “Personal Web Features”). You are solely responsible for any information that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. Pixius reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I of this Policy. For purposes of this Policy, “material” refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, and logos), executable programs and scripts, video recordings, and audio recordings. Pixius may remove or block content contained on your Personal Web Features and terminate your Personal Web Features and/or your use of the Service if it is determined that you have violated the terms of this Policy.

III. Network Management and Limitations on Data Consumption

Pixius manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as Pixius works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. Pixius tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

The need to engage in network management is not limited to Pixius. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Pixius does. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, Pixius can deliver the best possible broadband Internet experience to all of its customers. Visit Pixius’ Frequently Asked Questions page at http://www.pixius.com/faqs for more information.

Pixius uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that Pixius may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Residential Service is for personal and non-commercial residential use only. Therefore, Pixius reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical residential user of the Service as determined by the company in its sole discretion. Pixius has established a monthly data consumption threshold per Pixius High-Speed Internet account of 250 Gigabytes (“GB”). Use of the Service in excess of 250GB per month is excessive use and is a violation of the Policy. See the Network Management page at http://www.pixius.com/faqs for more information and to learn how Pixius applies this Policy to excessive use. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Pixius in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Pixius’ ability to deliver and monitor the Service or any part of its network.

If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Pixius may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels. Pixius may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. Pixius’ determination of the data consumption for Service accounts is final.

IV. Violation of this Acceptable Use Policy

Results of violation – Pixius reserves the right to immediately suspend or terminate your Service account and terminate the Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement. Your responsibilities outlined in the Subscriber Agreement continue even in the event of the Subscriber Agreement is terminated as a result of this Policy.

Enforcement of Policy – Pixius does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. Pixius has no obligation to monitor the Service and/or the network. However, Pixius and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Pixius users. Pixius prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Pixius also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Pixius’ intervention. However, if the Service is used in a way that Pixius or its suppliers, in their sole discretion, believe violates this Policy, Pixius or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service (including but not limited to newsgroups). Neither Pixius nor its affiliates, suppliers, employees or agents will have any liability for any of these responsive actions. These actions are not Pixius’ exclusive remedies and Pixius may take any other legal or technical actions it deems appropriate with or without notice.

Pixius reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Pixius’ servers and network. During an investigation, Pixius may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Pixius and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Pixius is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The failure of Pixius or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

You agree to indemnify, defend and hold harmless Pixius and its affiliates, suppliers, employees and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Subscriber Agreement.

V. Copyright and Digital Millennium Copyright Act Requirements

Pixius’ DMCA policy – Pixius is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Pixius’ policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Pixius, in its sole discretion, believes is infringing these rights. Pixius may terminate the Service at any time with or without notice for any affected customer or user.

Reporting infringements to Pixius – Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Pixius’ authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Pixius’ receipt of a satisfactory notice of claimed infringement for these works, Pixius will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Pixius will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Copyright owners may send Pixius a notification of claimed infringement to report alleged infringements of their works to:
Pixius Communications, LLC
301 N. St. Francis
Wichita, KS 67202
Phone: 316-219-8500
Fax: 316-219-8600
Email: abuse@pixius.com

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c) (3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Pixius, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive notification – If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Pixius. Upon Pixius’ receipt of a counter notification that satisfies the requirements of DMCA, Pixius will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Pixius will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Pixius’ designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g) (3) of the U.S. Copyright Act.