Terms, Conditions and Acceptable Use Policy For All Residential Services Provided By Nor-Del Cablevision Limited
In this document NOR-DEL CABLEVISION LIMITED may also be referred to as NOR-DEL and have the same meaning and
understanding as NOR-DEL CABLEVISION LIMITED.
ALL SERVICES provided by NOR-DEL, Digital Television, Internet and Home Phone (where available) are for the personal use of the person subscribing to the service and may not be used in any way to interfere with the use or enjoyment of any other subscriber on the NOR-DEL network or system. NOR-DEL hereby affirms that it will use any and all remedies available to determine any such activities and use any remedial measures to cause the cessation of any misuse, in NOR-DEL's sole judgment, of NOR-DEL SERVICES, including, but not limited to, prosecution for theft.
NOR-DEL will make every effort to provide service to NOR-DEL customers without undue interruption, but NOR-DEL DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY PROVIDED SERVICE. NOR-DEL WILL NOT BE LIABLE FOR ANY INTERRUPTONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. IT IS NOR-DEL's STRONG RECOMMEMDATION THAT SUBSCRIBERS TO THE HOME PHONE SERVICE HAVE AN ALTERNATE MEANS OF CONTACTING 911 (CELL PHONE ETC) IN THE EVENT OF AN EMERGENCY, DURING A NATURAL DISASTER OR PROLONGED OUTAGES.
Nor-Del Cablevision Limited may modify this Acceptable Use Policy at any time without notifying its users. For this reason, Nor-Del Cablevision Limited users should consult the Nor-Del Cablevision Limited website (www.nor-del.com/policy/) regularly to ensure that their actions are in compliance with the most recent version of the Acceptable Use Policy. In the event of any conflict between this Acceptable Use Policy and the Nor-Del Cablevision Limited Terms and Conditions of Use, this Acceptable Use Policy will govern.
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.
Nor-Del Cablevision Limited provides a variety of Internet Services (the Services) to residences and businesses (the Customer).
1.1 This Acceptable Use Policy is designed to foster an online environment of mutual respect in which everyone is able to enjoy the benefits of Nor-Del Cablevision Limited. We believe that the restrictions set out in this Acceptable Use Policy represents a fair balance between the freedom of the individual and the need for some basic rules to ensure that Nor-Del Cablevision Limited’s Internet access is not used in an abusive or illegal way.
1.2 Nor-Del Cablevision Limited users are responsible for ensuring that their accounts are used in accordance with this Acceptable Use Policy. If Nor-Del Cablevision Limited has reason to suspect that a user, or anyone using a user’s account, is violating this Policy, then the account in question may be suspended pending an investigation. If, after an investigation, Nor-Del Cablevision Limited determines that an account has been used in violation of this Policy, Nor-Del Cablevision Limited may, in its discretion, terminate the user account.
If you do not agree to abide by this Acceptable Use Policy please notify Nor-Del Cablevision Limited Customer Service immediately at firstname.lastname@example.org.
1.3 Nor-Del Cablevision Limited does not actively monitor its user’s use of its services. We rely on our users to govern themselves and to protect the integrity of the network by reporting any violations of this Acceptable Use Policy to email@example.com
1.4 Nor-Del Cablevision Limited has the right, but not the obligation, to investigate any violation or alleged violation of this Acceptable Use Policy, including the right to examine any information or material on Nor-Del Cablevision Limited’s servers.
1.5 Nor-Del Cablevision Limited has the right, but not the obligation, to remove any content that it deems, in its sole discretion, to be in violation of any part of this Acceptable Use Policy.
1.6 Nor-Del Cablevision Limited has the right, but not the obligation, to take any steps it deems necessary to prevent violations of this Acceptable Use Policy from occurring.
1.7 The failure of Nor-Del Cablevision Limited to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Nor-Del Cablevision Limited users must not use Nor-Del Cablevision Limited to encourage, facilitate or engage in any illegal activities, including, without limitation:
- defamation: posting or transmitting any material which is defamatory under any applicable law;
- fraud: posting or transmitting any information that you know or ought to know is false, and that you intend others to rely on;
- unlawful material: posting or disseminating unlawful material
- false advertising: posting or transmitting any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations;
- copyright violation: posting or transmitting any information, software, photograph, video, graphic, music, sound and other material in violation of another person’s copyright;
- trade-mark violation: posting, transmitting, displaying or using any words or symbols that violate any other person’s rights in its trade-mark or trade-name.
3.1 Nor-Del Cablevision Limited users must not use Nor-Del Cablevision Limited e-mail to:
- send unsolicited bulk e-mail (so-called “Spam”);
- send, or cause to be sent, large volumes of unsolicited e-mail to a single or multiple people or entities (so-called “E-Mail Bombing”);
- repeatedly send e-mail to any person or entity who does not wish to receive it. If a recipient asks to stop receiving e-mail from a Nor-Del Cablevision Limited user, then that Nor-Del Cablevision Limited user must not send that person further e-mail;
- subscribe to any e-mail list or service on behalf of a third party without that third party’s consent.
3.2 Nor-Del Cablevision Limited users must not engage in any of the activities described in paragraph 3.1 from another provider’s e-mail service and use a Nor-Del Cablevision Limited account as an e-mail return address or “drop” for responses.
3.3 Nor-Del Cablevision Limited users must not forge, alter or remove any e-mail header.
Any e-mail address at the nor-del.com domain is property of Nor-Del Cablevision Limited and may be terminated or re-assigned without notice.
3.4 NOR-DEL email customers shall be limited to sending and/or receiving no more than 150 (ONE HUNDRED AND FIFTY) emails in any 1 (ONE) hour period.
The Customer is responsible for any misuse of the Services that originate from their account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access to the account. Customers must ensure that others not gain unauthorized access to the Services.
4.1 Nor-Del Cablevision Limited users must not:
disrupt or interfere with the normal operation of Nor-Del Cablevision Limited systems, networks, or activities in any way that adversely
affects the ability of other people, or systems to use Nor-Del Cablevision Limited services or the Internet, including, but not limited to:
- denial of service attacks;
- flooding of networks;
- attempts to overload a service;
attempts to cause system crashes, or attempt to do so;
- use of any unauthorized program to connect the user to any Nor-Del Cablevision Limited Internet Relay Chat (“IRC”) server, including, but not limited to, IRC bots or clonebots;
- gain access or attempt to gain access to the private systems or data of Nor-Del Cablevision Limited, without the prior consent of Nor-Del Cablevision Limited.
4.2 Nor-Del Cablevision Limited users must not use their Nor-Del Cablevision Limited accounts to:
- circumvent or attempt to circumvent security or authentication systems on any host, network hardware, or user accounts, including, but not limited to, logging into any server, account or network without authorization and electronically probing the security of any system or network; or
- disrupt or interfere with the normal operation of any system or network operated by any third party, or attempt to do so.
- gain access or attempt to gain access to the private systems or data of Nor-Del Cablevision Limited, or any third party without the prior consent of Nor-Del Cablevision Limited or the third party.
4.3 No user of any NOR-DEL SERVICE shall use or permit to be used, any equipment that will enable theft of any NOR-DEL SERVICE, not subscribed, nor interfere with the use by any other subscriber to NOR-DEL SERVICES. ANY VIOLATION WILL RESULT IN THE IMMEDIATE TERMINATION OF THE OFFENDING CUSTOMER’S SERVICE AND MAY RESULT IN THE LAYING OF CHARGES FOR THEFT.
5.1 Nor-Del Cablevision Limited users must not:
- post a single article or substantially similar articles to an excessive number of newsgroups, or cross-post to an excessive number of newsgroups;
- post articles on a newsgroup which are off-topic according to the newsgroup charter;
- post binary or encoded binary files to newsgroups not specifically designated for that purpose;
- post commercial messages on a non-commercial Nor-Del Cablevision Limited newsgroup without prior approval from Nor-Del Cablevision Limited;
- engage in any of (a), (b), (c) or (d) from a provider other than Nor-Del Cablevision Limited and use an account on Nor-Del Cablevision Limited as an e-mail return address or “drop” for responses, or
- engage in any of (a), (b), (c) or (d) from a provider other than Nor-Del Cablevision Limited for the purpose of drawing attention to a service hosted by or on Nor-Del Cablevision Limited’s network.
Nor-Del Cablevision Limited reserves the right to discontinue access to any Usenet newsgroup at any time and for any reason.
Nor-Del Cablevision Limited believes in freedom of expression and the right of individuals to decide for themselves what they want to see and listen to. We do not believe it is the place of an ISP to censor or regulate the Internet. However, users must not use Nor-Del Cablevision Limited to transmit or post any information or image that is criminally obscene or otherwise prohibited under any applicable law.
Nor-Del Cablevision Limited assumes NO responsibility for Internet content available through the Services. Customers are responsible for restricting access to sexually explicit material on the Internet, by purchasing the appropriate filtering software, or by monitoring Internet use. Content questions or complaints should be addressed to the content provider.
7.1 False Pretences. Users must not use Nor-Del Cablevision Limited to impersonate any person or use a fictitious user name with any of Nor-Del Cablevision’s services, including in any e-mail, Usenet posting, or Internet Relay Chat (“IRC”) site. This restriction does not preclude the use of nicknames in IRC, the use of anonymous remailer services, or postings to any site that permits pseudonyms.
7.2 Unsolicited Advertising. Users must not use Nor-Del Cablevision Limited to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to any person except in those areas and on those websites that are designated for such a purpose.
7.3 Harassment, Threats and Abuse. Users must not use Nor-Del Cablevision Limited to harass, threaten, or abuse any person or group of people by any means.
7.4 Crude or Offensive Postings. Users must not use Nor-Del Cablevision Limited to post offensive or crude messages or images on publicly accessible pages or sites, except where such messages or images are appropriate having regard to the nature of the site. Nor-Del Cablevision Limited has the right, but not the obligation, to remove messages or images that Nor-Del Cablevision Limited, in its sole discretion, determines are offensive.
7.5 Multiple access. Users must not maintain more than one simultaneous connection to Nor-Del Cablevision Limited or any Nor-Del Cablevision Limited service, IRC Chat group, or newsgroup.
7.6 Disruptive Conduct. Users must not use Nor-Del Cablevision Limited to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects other users, individuals or entities.
8.1 You must comply with the current bandwidth/network traffic, data storage and other limitations on the Services.
Users must ensure that their activity does not improperly restrict, inhibit or degrade any other customer’s use of the Services, nor represent (in the sole judgment of Nor-Del Cablevision Limited) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, disrupt, inhibit, degrade or impede Nor-Del Cablevision Limited’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
Customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Nor-Del Cablevision Limited. For example, you cannot provide Internet access to others through a wireless or dial-up connection, host shell accounts over the Internet, provide email or news service, or send a news feed unless express permission is granted by the customer agreement.
You may not provide network services to others via the Nor-Del Cablevision Limited.
8.2 NOR-DEL's Internet packages offer reasonable network traffic to fit individual customer's needs. It is recognized there are those who deliberately
hogthe available bandwidth, to the detriment of all subscribers to the INTERNET. THIS PRACTICE WILL NOT BE ALLOWED AND NOR-DEL WILL TAKE ANY AND ALL REMEDIES AVAILABLE TO DISCOURAGE THIS PRACTICE, INCLUDING, BUT NOT LIMITED TO, CHARGING FOR EXCESSIVE USE, OR DISCONTINUING THE OFFENDER’S SERVICE.
REASONABLE USE, as generally accepted in the industry, for combined UPLOAD & DOWNLOAD TRAFFIC. NOR-DEL's current
REASONABLE USEhas been established to ensure the proper management of the bandwidth for our subscribers. Any subscriber determined by NOR-DEL to be consistently, in NOR-DEL's SOLE JUDGEMENT, disregarding these guidelines to the detriment of other NOR-DEL subscribers shall be subject to the remedies noted above.
Each subscriber's maximum monthly bandwidth allotment as per package chosen is published in our Entertainment Guide, posted on our Website and must be adhered to. Failure to do so may result in the subscribers subjected to the remedies above.
For further clarification of disallowed activities, noted in 8.1, the following are included but not limited to, peer to peer file sharing programs, serving or streaming video, or operating any form of shell account for the dissemination of information or services intended for the sole personal use of the NOR-DEL authorized subscriber. NO SUBSCRIBER OR OTHER INDIVIDUAL having access to the NOR-DEL SYSTEM, shall operate or permit to be operated, any equipment that is intended to provide UNAUTHORIZED ACCESS to any service intended only for authorized subscribers. Although NOR-DEL DOES NOT routinely monitor the SYSTEM, NOR-DEL has the capacity, by various means to monitor the SYSTEM, for any infractions to the ACCEPTABLE USE POLICIES, as detailed in this document. Any subscriber or person found in NOR-DEL's sole judgment to contravene or attempt to contravene the integrity or security of the system shall be subject to any and all remedies available to NOR-DEL, including but not limited to legal action.
9.1 This Acceptable Use Policy is subject to change without notice. The current version of the Acceptable Use Policy is always available at http://otterville.nor-del.com/pages.php?section=support.pages&pull=AcceptableUse.
10.1 Please direct any questions you may have regarding this Acceptable Use policy and complaints regarding violations of this Policy by other Nor-Del Cablevision Limited users to firstname.lastname@example.org.