ACCEPTABLE USE POLICY

High Speed Internet Services

Why is Rezonate providing this Policy to my establishment?

Rezonate’s goal is to provide its customers with the best commercial Internet service possible. In order to help accomplish this, Rezonate has adopted this Acceptable Use Policy (the “Policy”). This Policy outlines acceptable use of Rezonate’s Commercial Internet service, Fiber services, Ethernet services, and other Internet-based communications services (each and collectively, the “Service”). This Policy is in addition to any other restrictions contained in any applicable terms and conditions or other agreements. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the applicable Services agreements (each and collectively, “Commercial Services Agreements”).

All Rezonate Commercial Services customers and all others who use the Service (the “customer,” “user,” “you,” or “your”) must comply with this Policy. Your establishment’s failure to comply with this Policy could result in the suspension or termination of its Service account. In these cases, termination or other charges may apply. If your establishment does not agree to comply with this Policy, it must immediately stop all use of the Service and notify Rezonate so that it can close your establishment’s account.

 

How will my establishment know when Rezonate changes this Policy and how will it report violations of this Policy?

Rezonate may revise this Policy from time to time. For a copy of this document, please call 305-599-6884 or go to https://www.rezonateindustries.com/acceptable-use-policy. Rezonate will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the Rezonate web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any Rezonate announcements they receive and regularly visit the Rezonate web site and review this Policy to ensure that their activities conform to the most recent version. Your establishment can send questions regarding this Policy to, and report violations of it at https://www.rezonateindustries.com/contact. 

To report a child exploitation incident involving the Internet please call 305-599-6884.

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I.  Prohibited Uses and Activities
II. Customer Conduct and Features of the Service
III. Network Management
IV. Data Consumption
V. Violation of this Acceptable Use Policy
VI. Copyright

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I. Prohibited Uses and Activities

What uses and activities does Rezonate prohibit?

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-Provided Equipment, or the Rezonate 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 large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send large messages or files that 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 large numbers of email 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 designed to facilitate this activity;

• collect responses from unsolicited bulk messages;

• use IRC (Internet Relay Chat) or other chat services or tools to flood chats, or use unattended clones, bots, or other automated programs to engage in chats;

• falsify, alter, or remove message headers;

• falsify references to Rezonate 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;

• 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, her or their 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 your establishment, logging into or making use of a server or account your establishment is 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 Rezonate or any third party, except that your establishment may make one copy of each software program for back-up purposes only;

• distribute programs that make unauthorized changes to software (cracks);

• service, alter, modify, or tamper with the Rezonate Equipment or Service or permit any other person to do the same who is not authorized by Rezonate;

Network and usage restrictions

• restrict, inhibit, compromise, 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 or tools implementing authorized internal establishment policies);

• restrict, inhibit, compromise, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Rezonate (or Rezonate supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Rezonate (or Rezonate supplier) facilities used to deliver the Service;

• make the Service (i) available to any third party unless done with Rezonate’s written approval in accordance with an applicable Commercial Services Agreement. It is not a violation of this Policy for a Customer to make the Service available to its authorized employees, contractors or to other users (i.e., the public, customers of an establishment or hotel or motel guests and patrons) in the common or public areas of the site at which Customer receives the Service, so long as such use does not violate the terms and conditions of Customer’s Commercial Services Agreement;

• resell the Service or otherwise make available to anyone outside the Service Location(s) the ability to use the Service, in whole or in part, directly or indirectly, unless expressly permitted by the applicable Commercial Services Agreement;

• connect the Rezonate Equipment to any computer outside of your establishment’s Service Location(s);

• interfere with computer networking or telecommunications service to any user, host or network;

• interfere with Rezonate’s ability to control or block ports for safety and security purposes and as part of its overall network management;

• interfere with Rezonate’s use and control of its domain name server (“DNS”) used in connection with the Service; and

• access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless otherwise expressly permitted by the applicable Commercial Services Agreement.

 

II. Customer Conduct and Features of the Service

What obligations does my establishment have under this Policy?

In addition to being responsible for its own compliance with this Policy, your establishment is also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by an employee, contractor, customer, or guest with access to your Service account. Your establishment is solely responsible for the security of any device (including data on those devices) it chooses to connect to the Service. 


Your establishment is responsible for securing the Customer-Provided Equipment and any other Service Location(s) equipment or programs not provided by Rezonate that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

How does Rezonate address inappropriate content and transmissions?

Rezonate 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 Rezonate’s network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither Rezonate nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made on the Service. However, Rezonate and its affiliates, suppliers, 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 Commercial Services Agreement, and applicable law.

What requirements apply to electronic mail?

The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I in this Policy. As described below in Section III of this Policy, Rezonate uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

Rezonate is not responsible for deleting or forwarding any email sent to the wrong email address(es) by your establishment or by someone else trying to send email to your establishment or its employees, contractors, or users. Rezonate is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at Rezonate’s sole discretion.  In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) that is hosted by or at the direction of Rezonate may be permanently deleted as well.

In the event that Rezonate believes in its sole discretion that any subscriber name, account name, or email 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, Rezonate (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, her or their identifier. In addition, Rezonate may at any time reserve any identifiers on the Service for Rezonate’s own purposes. 

Rezonate Service plans limit the storage of messages on Rezonate’s systems to a specified number of days and may set an upper limit on the size and/or number of messages that you may send or receive through the Service. Neither Rezonate nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the mis-delivery of, failure to deliver, or the untimely delivery of messages.

Rezonate’s email servers and other systems employ various virus detection and prevention tools that it updates frequently to respond to the latest threats on the Internet. These tools will automatically remove viruses and other unwanted material from emails whenever possible. This applies both to emails your establishment sends as well as to emails your establishment receives. Rezonate’s systems also may scan all incoming and outgoing email traffic over the Service using automated tools applying recognized and commonly used techniques for identifying and blocking spam and other unwanted or harmful code or content.

What requirements apply to instant, video, and audio messages?

Each user is responsible for the contents of his, her or their instant, video, and audio messages and the consequences of any of these messages. Rezonate 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 instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well

What requirements apply to web hosting services?

Rezonate may provide various web hosting services that your establishment can subscribe to and which include, among other features, domain name hosting, website hosting, file storage, and file transfer (collectively, the “Web Hosting Services”). Your establishment is solely responsible for any information that it or others publish or store on the Web Hosting Services and for compliance with all laws related to such information.

What requirements apply to my establishment’s Service account Internet reputation?

Rezonate provides the Service for use in your establishment. Most everything your establishment does using the Service will be directly attributable to it and affect its reputation. However, because Rezonate provides the systems to deliver the Service, your establishment can do things using the Service that are directly attributable to Rezonate and affect its reputation. Most obviously, if your establishment uses the Service to send spam (or what spam reporting services or recipients classify as spam) or uses the Web Hosting Services for an improper purpose such as phishing, these activities may affect Rezonate’s reputation because of its ownership of the IP addresses associated with the Service. These activities also violate this Policy.

Rezonate reserves the right to suspend or terminate Service accounts when your establishment’ use of the Service or any of its features negatively impacts Rezonate’s reputation as determined in its sole discretion. Any use of the Service or its features that results in your establishment’ Service account, or any associated Rezonate information, being listed on spam reporting web sites, or anti-phishing or anti-spyware services, may result in Rezonate suspending or terminating your establishment’ Service account. 

In these situations, Rezonate prefers to work directly with your establishment to address the problems causing the harm to Rezonate’s reputation so that they do not happen again.

 

III. Network Management

Why does Rezonate manage its network?

Rezonate 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 Rezonate works to promote the use and enjoyment of the Internet by all of its customers. Rezonate uses reasonable network management practices that are consistent with industry standards. Rezonate 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, Rezonate’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 Rezonate. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that Rezonate does. If the company did not 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, Rezonate can deliver the best possible broadband Internet experience to all of its customers.

How does Rezonate manage its network?

Network management activities employed by Rezonate may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and (iii) using other tools and techniques that Rezonate may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

 

IV. Data Consumption

Are there restrictions on data consumption that apply to the Service?

The Service is for commercial use only in a small, medium, or large establishment as determined by the applicable Commercial Services Agreement. Therefore, Rezonate reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical commercial user of the Service as determined by the company in its sole discretion, or where it exceeds published data consumption limitations. 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) user generated content sites. Your establishment must also ensure that its 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 Rezonate in its sole discretion) an overly large burden on the network. In addition, your establishment must ensure that its use of the Service does not limit or interfere with Rezonate’s ability to deliver and monitor the Service or any part of its network.

If your establishment uses the Service in violation of the restrictions referenced above, that is a violation of this Policy and a breach of your Commercial Services Agreement. Rezonate’s determination of the data consumption for Service accounts is final.

V. Violation of this Acceptable Use Policy

What happens if your establishment violates this Policy?

Rezonate reserves the right immediately to suspend or terminate your establishment’s Service account and terminate the Commercial Services Agreement if it violates the terms of this Policy or the Commercial Services Agreement.

How does Rezonate enforce this Policy?

Rezonate has no obligation to monitor and does not routinely monitor the Service and/or the network. However, Rezonate and its suppliers reserve the right at any time to monitor bandwidth, usage, data consumption, 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 Rezonate users.

Rezonate prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Rezonate also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Rezonate’s intervention. However, if the Service is used in a way that Rezonate or its suppliers, in their sole discretion, believe violates this Policy, Rezonate 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, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Rezonate nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Rezonate’s exclusive remedies and Rezonate may take any other legal or technical actions it deems appropriate with or without notice.

Rezonate reserves the right to investigate suspected violations of this Policy and to examine material on Rezonate’s servers and network. During an investigation, Rezonate may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. Your establishment expressly authorizes and consents to Rezonate 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 establishment’s Service account, Rezonate is authorized to delete any files, programs, data, email and other messages associated with your establishment’s account (and any secondary accounts).

The failure of Rezonate 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. Your establishment agrees 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.

VI. Copyright

What is Rezonate’s DMCA policy?

Users of the Service and copyright owners should refer to the Rezonate Digital Millennium Copyright Act (“DMCA”) Policy at https://www.rezonateindustries.com/dmca to learn more about how Rezonate handles notifications of alleged copyright infringement and its repeat infringer policy.