Terms of Service
As a condition of access to and use of TRANSCEND BROADBAND's
Wireless Broadband Service (the "Service") and Equipment, you are
required to enter into a TRANSCEND BROADBAND Service Agreement
(the "Service Agreement") and to comply with the requirements of
this Acceptable Use Policy (the "Policy"). The term "Service" includes
your access to and use of TRANSCEND BROADBAND Internet websites associated
with the Service. By entering into the Service Agreement, establishing an
account with TRANSCEND BROADBAND, or by using the Service, you signify
your agreement to the terms, conditions and notices of this Policy. "You"
when used in this Policy shall mean the TRANSCEND BROADBAND customer of
record and end users of the wireless access devices (the "Equipment") or
computers or other devices attached to the Equipment.
If you violate any of the provisions of this Policy, TRANSCEND
BROADBAND may take action to restrict or terminate your access to the
Service. We reserve the right, at our discretion, to update or revise
this Policy, any other policy or statement on any TRANSCEND BROADBAND
website, and any product offerings or programs described on any TRANSCEND
BROADBAND website.
You must use the Service in accordance with the terms of this Policy
and the Agreement, and in accordance with all federal, state and local
laws, ordinances, and regulations.
TRANSCEND BROADBAND strongly recommends that Customers protect all
computers or other devices connected to the Internet with firewalls and
virus protection software that is kept up-to-date, so that your account
does not become an unwitting source of spam or malicious software that
would require us to suspend or terminate your service. TRANSCEND BROADBAND
can recommend, provide, install, and maintain such protection for you at
modest cost. TRANSCEND BROADBAND also strongly recommends that in-home or
in-office wireless networks be installed and configured for maximum
encryption, so that unauthorized persons do not gain access to your
information or illegally gain access to our Service, which could also
result in suspension or termination of your account. TRANSCEND BROADBAND
can recommend, provide, and install such networks for you using equipment
that will provide the same high level of encryption as our wireless
network.
User Conduct, Prohibited or Unlawful Use, Excessive Use
In order to maintain our network to meet the needs of the users of the
Service, you may not use the Service or the Equipment for any purpose that
is unlawful or in any manner which could damage, disable, overburden or
impair the operation of the TRANSCEND BROADBAND Network or the Service or
any other party's use or enjoyment of the Service.
Specifically, you may not:
- Attempt to gain unauthorized access to data, accounts, servers,
systems or networks associated with the Service, or to probe, scan or
test the vulnerability of a system or network associated with the
Service or those of any other party;
- Interfere with Service to any user, host or network including,
without limitation, mail-bombing, flooding, or attempting to overload
the system;
- Forge or falsify any TCP-IP packet header or any part of the header
or address information in an e-mail or a newsgroup posting or otherwise
conceal the sender's or the recipient's identity;
- Use the Service to engage in activities that violate any terms or
conditions of any other network access provider or Internet service
provider.
Additionally, you may not, by use of the Service or another service,
upload, post or otherwise distribute or facilitate distribution of any
content, including text, communications, software, images, sounds, data,
or other information that, in TRANSCEND BROADBAND's judgment:
- Is threatening, abusive, libelous or defamatory, indecent or obscene,
fraudulent, invasive of another's privacy, or pornographic;
- Victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, disability or any other reason;
- Contains viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
- Damages TRANSCEND BROADBAND's network and Service, including, without
limitation, overloading servers on the network or causing portions of the
network to be blocked by other network providers;
- Use the Service to send unsolicited mass e-mailings from any TRANSCEND
BROADBAND account or via another service which in any way implicates the
use of this Service or any TRANSCEND BROADBAND e-mail address or that is
relayed from any TRANSCEND BROADBAND or third party's mail servers without
permission.
TRANSCEND BROADBAND reserves the right to take all legal and technical
steps available to prevent unsolicited bulk e-mail or other unauthorized
e-mail from being sent from or transmitted through the TRANSCEND BROADBAND
Network. The transmission of unsolicited bulk email may result in civil
and criminal penalties against the sender.
TRANSCEND BROADBAND reserves the right to limit the amount of data
that you may upload and/or download each month ("bandwidth") based on the
type of Service you have ordered and the price associated therewith. If
TRANSCEND BROADBAND concludes, in its sole discretion, that you are
exceeding what TRANSCEND BROADBAND considers to be a reasonable use for
such Service ordered, TRANSCEND BROADBAND may change your service as
provided for herein with notice or alternatively, suspend or terminate
your service in its sole discretion.
Your participation in online communication accessed through the Service
is not edited, censored or otherwise controlled by TRANSCEND BROADBAND.
However, TRANSCEND BROADBAND reserves the right to monitor content which
is transmitted or accessed through the Service, and to remove content,
disable sites, or suspend or terminate the Service if TRANSCEND BROADBAND
determines such content or user practices are harmful, offensive, or
otherwise in violation of this Policy.
By posting or submitting content to any TRANSCEND BROADBAND website,
you grant TRANSCEND BROADBAND the right to use, reproduce, display, adapt,
modify, distribute and have distributed the content in any form, anywhere
and for any purpose; and you also warrant and represent that you own or
otherwise control all of the rights to the content and that public posting
and use of your content by TRANSCEND BROADBAND will not infringe or
violate the rights of any third party.
You acknowledge and agree that copyrights, trademarks, service marks,
patents and other proprietary rights and laws protect the content and
materials available on any TRANSCEND BROADBAND website or through the
TRANSCEND BROADBAND Service. Except as expressly authorized, you agree
not to use the Service in any manner that would infringe, violate, dilute,
or misappropriate any such rights with respect to any material.
The TRANSCEND BROADBAND name, logo, and design marks are trademarks
of TRANSCEND BROADBAND, and may be used only with the express written
permission of TRANSCEND BROADBAND.
TRANSCEND BROADBAND takes customer violations seriously and will
investigate complaints and, where appropriate, may remove content,
suspend or terminate services, or take other action as necessary.
TRANSCEND BROADBAND disclaims, to the maximum extent permitted by law,
all warranties, representations or other endorsements, express or implied,
with regard to the information accessed from, or through, this Service,
the systems which provide it, and the Internet, including all warranties
of merchantability or fitness for a particular use, or non-infringement
of any third-party rights. TRANSCEND BROADBAND does not assume any
liability for the completeness, accuracy or usefulness of any information
disclosed or materials accessed. In no event shall TRANSCEND BROADBAND
(or any persons or entities related thereto) be liable for any special,
indirect, or consequential damages associated with or arising from use of
this Service in any way or use of any TRANSCEND BROADBAND websites
associated with the Service, including any loss of use, data or profits,
regardless of the form of action. Any failure by TRANSCEND BROADBAND to
enforce this Policy in every instance in which it might have application
does not amount to a waiver of TRANSCEND BROADBAND's rights.
Please send reports of any activity in violation of law or this Policy
to abuse@transcendbroadband.com. TRANSCEND BROADBAND will reasonably
investigate incidents involving such violations. TRANSCEND BROADBAND may
involve and will cooperate with law enforcement officials if any criminal
activity is suspected.
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