Click! Network Internet Acceptable Use Policy
Updated November 14, 2014
Click! Network, a division of Tacoma Power, (“Click!”) is committed to providing an optimum experience for high-speed Internet cable modem customers. Click! enables cable modem customers (“Customers”) of our authorized Internet service providers (“ISP”) to connect to the Internet through our high-speed backbone network (“Service”). Customers, anyone accessing the Internet through any Customer’s account or anyone who uses Click! Network may be referred to in this Acceptable Use Policy (“AUP”) as “Users,” “you” or “your.”
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 www.clickcabletv.com. 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.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICES AND NOTIFY YOUR ISP THAT YOU ARE TERMINATING SERVICE.
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.
If you have any concerns or questions regarding this AUP, please contact your selected Internet Service Provider.