Internet Terms and Conditions

INTERNET TERMS AND CONDITIONS

To the extent the Customer (“You”) receives Internet Service from Eastern Telephone & Technologies, Inc. (“Eastern”), the Customer agrees to abide by the following terms and conditions. These terms and conditions are incorporated into the terms of your Master Service Agreement and creates a legally binding obligation on you.

1. As a part of Eastern’s Internet service, Eastern may provide you with access to free software downloads for things like virus protection, spam filtering, and pop up blockers. So long as you are Eastern’s customer, you have a limited license to use such software for your personal use only. You are prohibited from reverse engineering, copying, or otherwise modifying any of the software code. In the event you cancel your high speed Internet service with Eastern, you agree to stop using such software and destroy any copies of the software you have made on your computer or otherwise.
2. You understand that all speed and throughput levels for Eastern’s Internet services stated in the Service Order are “up to” levels and represent the higher end of the ranges of speed and throughput you can expect to receive from Eastern’s Internet service. Because there are many factors outside of Eastern’s control, including, but not limited to, your Wi-Fi device and/or computer configuration, that may affect the speed of your Internet service, Eastern does not guarantee that Eastern’s Internet service will perform at any speeds or throughput levels.
3. If, in Eastern’s sole judgment, you are uploading and/or downloading an unreasonable amount of data, Eastern reserves the right to impose a reasonable usage based charge and/or change your subscription to a higher Internet service package as a condition of continuing service with Eastern.
4. You understand and acknowledge that Eastern reserves the right to restrict any content or services that may otherwise be available through your Internet connection if Eastern determines, in our sole judgment, that: (i) such content is illegal; or (ii) our network or business is put at risk by such content.
5. In general, Eastern 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 Equipment, or the Eastern Equipment, either individually or in combination with one another, to:
   1. Prohibited uses and activities:
      1. 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;
      2. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
      3. 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;
      4. transmit unsolicited bulk or commercial messages commonly known as “spam;”
      5. send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
      6. initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
      7. participate in the collection of very 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 (including “spyware”) designed to facilitate this activity;
      8. collect responses from unsolicited bulk messages;
      9. falsify, alter, or remove message headers;
      10. falsify references to Eastern 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 (for example, “phishing”);
      11. 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.
   2. Technical restrictions:
      1. access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system;
      2. 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
      3. 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;
      4. copy, distribute, or sub-license any proprietary software provided in connection with the Service by Eastern or any third party, except that you may make one copy of each software program for back-up purposes only;
      5. distribute programs that make unauthorized changes to software;
      6. use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
      7. service, alter, modify, or tamper with the Eastern Equipment or Service or permit any other person to do the same who is not authorized by Eastern.
   3. Residential Network and usage restrictions:
      1. use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting);
      2. use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit);
      3. use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers.
   4. Commercial Network and usage restrictions:
      1. use the Service for operation as an Internet service provider.
   5. Residential and Commercial Network and usage restrictions:
      1. resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of Eastern-provided WiFi service in accordance with its then-current terms and policies;
      2. restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or impede others’ ability to use, send, or retrieve information;
      3. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Eastern (or Eastern supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Eastern (or Eastern supplier) facilities used to deliver the Service;
      4. connect the Eastern Equipment to any computer outside of your Premises;
      5. interfere with computer networking 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; or access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.