Internet Acceptable Use Policy

Click! Network Internet Acceptable Use Policy - 

Updated November 17, 2014

Click! Network’s ongoing management of the system (the Network), combined with the acceptable use practices in this Acceptable Use Policy (AUP), is intended to provide Click! Network’s customers (including commercial, carriers and Click! Authorized ISPs/resellers and their customers and end-users) and other users of Click! Network’s, services and website (each a User) with a connection to the Internet (the Service) that is used responsibly. By using the Network and the Service, the User agrees to be bound by this AUP.

To protect the Network, the Service, and Users who could be adversely affected through another User’s abuse of these privileges, Click! Network has the right at any time and without prior notice to terminate, disable or block the Service of any User who contravenes the terms and conditions of this AUP. The Service to Users who are severe or repeat infringers of this AUP will be terminated immediately.

Click! Network may revise this AUP from time to time without prior notice by posting a new version at Revised versions of this AUP are effective immediately. Click! Network will use reasonable efforts to notify Click! Network’s Authorized ISPs of changes to this AUP and, will require them to notify their end-users and customers as well, however, all Users are subject to the terms and conditions of the AUP as revised from time to time whether or not any notice of revisions is provided. Users should visit this website regularly to ensure that their activities conform to the most current AUP. 

User Responsibilities

Each User is responsible for the activities of its customers or end-users and, by accepting service from Click! Network, agrees to inform its customers and/or end-users of this AUP. 

Users are responsible for any use or misuse of the Service that violates the AUP by anyone else the User permits to access the Service.

I. Prohibited Uses and Activities

The Acceptable Use Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or impede Click! Network from providing the Service or operating its business. These prohibited uses and activities include, but are not limited to:

  • Undertaking or accomplishing any unlawful activity
  • Possessing, producing, receiving, transporting or distributing child pornography.
  • Posting, storing, sending, transmitting, or disseminating any information or material which is harassing, threatening or intimidating.
  • Uploading, posting, publishing, transmitting, reproducing, or in any other way infringing copyrights of third parties 
  • Transmitting unsolicited bulk or commercial messages commonly known as “spam.”
  • Sending numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or sending very large messages or files that disrupt a server, account, newsgroup, or chat service.
  • Initiating, perpetuating, or in any way participating in any pyramid or other illegal scheme.
  • Participating in the collection 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.
  • Collecting responses from unsolicited bulk messages.
  • Falsifying, altering or removing message headers.
  • Falsifying references to Click! Network, its network or affiliates by name or other identifier, in messages.
  • Impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, or performing any other similar fraudulent activity (for example, “phishing.”) Phishing uses fraudulent email addresses that appear to be from a legitimate Internet address with a justifiable request or that link or direct to a fraudulent website in order to get personal information including passwords, bank accounts, credit card information in order to withdraw money from victim’s bank accounts. 
  • Violating the rules, regulations, or policies applicable to any network, service, computer database, or Website you access. 
  • For Users other than Click! Network’s Authorized ISPs, reselling the Service or otherwise making it available to anyone outside the premises of the User (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. Users that subscribe to residential Services may use the Service for personal and non-commercial use only and shall not use the residential Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit).
  • Restricting, inhibiting or interfering with the ability of any person to access, use or enjoy the Internet, the Service or any equipment used to connect to the Service, or creating an unusually large burden on the Network, knowingly or unknowing, including without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horses or other harmful, limiting, destructive or debilitating feature.
  • Operating a server in connection with the Service, including, but not limited to mail, news, file gopher, telnet, chat, Web, or host configuration services, multimedia streamers or multi-user interactive forums unless so allowed in selected Service.
  • Interfering with computer networking, communications 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.
  • Disrupting any network services or transmission of data or otherwise restricting, inhibiting, disrupting or impeding Click! Network’s ability to monitor or deliver the Services.
  • Engaging in excessive usage of the Service as defined in the Bandwidth and Network Management Policy.

II. Inappropriate Content

There may be content on the Internet or otherwise available through the Service that may be offensive to some individuals, or which may not be in compliance with applicable laws or regulations. Click! Network does not assume responsibility for the content contained on the Internet or otherwise available through the Service. Users assume the risk of accessing content through the Service, and Click! Network shall not have any liability for any claims, losses, costs actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Adults should remain involved with and be aware of Internet usage by their children and may want to use a program capable of restricting access to inappropriate material.

III. Copyright Infringement Complaints and Digital Millennium Copyright Act Requirements

Click! Network requires all Users to comply with U.S. copyright and related laws. Accordingly, Users may not store any material or content on, disseminate or make available for dissemination 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. Using the Service for the transmission or storage of copyright-protected material without the consent of the relevant rights holders may be an infringement under U.S. copyright law and could give rise to criminal and civil liability.

Click! Network does not assume any responsibility for material available, transmitted, stored or otherwise accessible through the Service. However, owners of copyrighted works who in good faith believe that material appearing on the Internet infringes their rights under U.S. copyright law and resides on the Service or is made available as part of the Service may report alleged infringements by sending Click! Network a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to the address listed below. 

Upon receipt of a satisfactory notice, Click! Network will respond expeditiously to remove or disable the allegedly infringing work or disable access to it, and to notify the affected User of the Service of the removal or disabling of access.  

A User who receives a notification of alleged infringement from Click! Network as described above, and believes in good faith that the alleged infringing works have been removed or blocked by mistake or misidentification, may send a counter-notification that complies with the DMCA to Click! Network at the address listed below. 

Upon receipt of a satisfactory counter-notice, Click! Network will promptly 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. Consistent with the requirements of the U.S. Copyright Act, if the copyright owner does not bring a lawsuit in district court within 14 days, Click! Network will restore the material to its location on its network.

IV. Violation of AUP

Click! Network in its sole discretion, will determine what actions will be taken in response to a violation on a case-by-case basis. Click! Network may suspend, limit or terminate the Service of any User without notice if Click! Network determines that the User (or anyone accessing the User’s Service) has violated the AUP. The Service of a User who engages in severe or repeat violations of this AUP will be terminated immediately. In addition, Click! Network may, if circumstances warrant (i) institute legal action; and/or (ii) cooperate with law enforcement authorities in bringing legal proceedings against violators. 

Click! Network shall not be liable to User or to any third party for any damages, losses, costs or expenses of any nature caused by or arising out of the exercise of Click! Network’s rights under this AUP or any actions taken to enforce its terms, including but not limited to suspension or termination of the User’s Service.  

Although Click! Network has no obligation to monitor the Services and/or the Network, Click! Network reserves the right to monitor bandwidth usage to operate the Service; to identify violations of the AUP; and/or to protect the Network and Users. Any correspondence that Click! Network transmits to the User with respect to bandwidth usage, violation of the AUP, or protection of Click! Network will be sent to the User (and if the correspondence relates to a customer or end-user of a Click! Authorized ISP), it will be sent via Click! Network’s Authorized ISP. Click! Network 's actions or inaction shall not constitute review or approval of User’s use of the Service.

Violations of this AUP, notices pursuant to the DMCA, and any abuse of the Service may be reported to the following address:

Click! Network may investigate suspected violations of this AUP, including the gathering of information from any Users involved or affected and the complaining party, if any, and examine material stored on servers and the Network.

Upon termination of the Service, Click! Network is authorized to delete any files, programs and data associated with the User’s account. 

Click! Network’s Bandwidth and Network Management Policy 

Click! Network is designed for typical usage by typical residential and commercial users of broadband internet access services.  Bandwidth on our network is a limited, shared resource among Click! Network’s customers (including commercial, carriers and Click! Network Authorized ISPs/resellers and their customers and end-users) and other users of Click! Network’s broadband internet access service (Users). Activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. By using the network and the service, the User agrees to be bound by this Policy.

Click! Network strives to provide Users the best experience when using our network and may use tools and techniques to manage its network, deliver the service, and ensure compliance with this Policy and the Acceptable Use Policy. 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 User e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that Click! Network may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all Users.

Users must comply with the current bandwidth, data throughput, file storage and other limitations on the Service. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole but reasonable judgment of Click! Network) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Click! Network’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.

Click! Network does not discriminate against or prevent Users of its service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices, provided that such applications and services do not harm the network or the provision of broadband Internet access service, facilitate theft of service, or harm other users of the service. Similarly, Click! Network does not impair or degrade particular content, applications, services or non-harmful devices so as to render them effectively unusable, subject to the policies and procedures outlined herein. 

The use of certain network management tools and techniques to conserve bandwidth may cause some Users to notice slower Internet performance, such as longer download and upload times or slower responses while surfing the Internet or playing games. The effects of network management typically will be noticeable only for a brief period of time, if at all. The network management tools and techniques employed by Click! Network do not and will not target specific usages or applications (such as peer-to-peer) and instead focus in a content-neutral manner on bandwidth usage in real time, with the goal of providing reasonable and equitable access to the network for all similarly situated customers. In other words, to the extent that the use of network management practices may affect the performance or other characteristics of Internet service, they are designed to affect all similarly situated customers equally.

Excessive use means bandwidth or data usage that is significantly higher than typical usage for which our network is designed. Excessive Users consume so much data that their usage could negatively impact the Service provided to other customers. In order to ensure an optimized Internet experience for all Users, data guidelines have been assigned to all Internet services, and are subject to change.

Internet usage above the designated package cap may incur incremental charges to the User. 

DOCSIS 1.1 Residential Services 
Package Package Description Data Guideline per billing cycle
3 Mbps 3 Mbps down 256 up  250 GB
10 Mbps 10 Mbps down/768 Kbps up 250 GB
15 Mbps 15 Mbps down/1 Mbps up 250 GB
DOCSIS 1.1 Commercial Services
3 Mbps 3 Mbps down 256 up  250 GB
10 Mbps 10 Mbps down/1 Mbps up 250 GB
15 Mbps 15 Mbps down/2 Mbps up 250 GB
DOCSIS 3.0 Residential Services
Package Package Description Data Guideline per billing cycle
6 Mbps 6Mbps down/1Mbps up 300 GB
12 Mbps 12Mbps down/2Mbps up 350 GB
20 Mbps 20Mbps down /5Mbps up 400 GB
30 Mbps 30Mbps down /6Mbps up 450 GB
55 Mbps 55Mbps down /8Mbps up 500 GB
100 Mbps 100Mbps down/10Mbps up 600 GB
DOCSIS 3.0 Commercial Services
Package Package Description Data Guideline per billing cycle
6 Mbps 6Mbps down/1Mbps up 300 GB
12 Mbps 12Mbps down/2Mbps up 400 GB
20 Mbps 20Mbps down /5Mbps up 500 GB
30 Mbps 30Mbps down /6Mbps up 600 GB
55 Mbps 55Mbps down 10Mbps up 700 GB
100 Mbps 100Mbps down/10Mbps up 800 GB

Click! Network collects data on User traffic pattern usage through the use of traffic management software, and reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.

Residential services are designed for personal use of the Internet and do not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with Click! Network’s residential services, nor may you provide network services to others via Click! Network’s  residential services. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums. 

Commercial services are intended only for business and commercial, non-residential usages.

If Click! Network in its sole but reasonable discretion determines that User has exceeded the Excessive Use threshold or is using the Service in a manner significantly uncharacteristic of a typical User of the service to which User has subscribed (residential or commercial), Click! Network reserves the right to (a) adjust, suspend, limit or terminate Service at any time and without notice; or (b) require the User to upgrade his service level or pay additional fees in accordance with Click! Network’s then-current, applicable rates and charges for such service; or (c) use any technology to be chosen by Click! Network at its sole discretion to limit the user’s service for purposes of conserving bandwidth.