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BHC, LC Acceptable Use Policy

Last Updated:  October 14, 2014

Introduction

BHC,LC through its subsidiaries HNc Services Inc. and BroadNet connect (HNc|BNc) is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission and text messaging and preserving for all of its customers the ability to use the Network (as defined below) without interference or harassment from other users.  This Acceptable Use Policy ("AUP") is designed to help achieve these goals.

By using the Services (as defined below) provided by BHC, LC, you agree to comply with this AUP and to remain responsible for your authorized users of the Services.  BHC, LC reserves the right to change or modify the terms of this AUP at any time, effective when posted on BHC,LC's web site at www.hncbnc.com.  Your or any authorized users' use of the Services after changes to the AUP are posted to such website shall constitute your acceptance of any changed or additional terms.

Scope of the AUP

This AUP applies to the internal data center facilities, servers, networking equipment and software systems that are within our reasonable control (the "Network") and to your or any authorized users' use of any service provided by BHC, LC over the Network (collectively with the Network, the "Services").

Prohibited Activities

General Prohibitions:  BHC, LC prohibits use of the Services in any way that (i) is unlawful, harmful to or interferes with use of the Network, or the network of any other provider, (ii) interferes with the use or enjoyment of the Services or third party services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, or (v) constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.  Failure to adhere to the rules, guidelines or agreements applicable to your or your authorized users' use of the Services is a violation of this AUP.

Unlawful Activities:  The Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights:  The Services shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of BHC, LC or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content:  The Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others.  In addition, BHC, LC reserves the right to decline to provide the Services if your content is determined by BHC, LC to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Inappropriate Interaction with Minors:  Your or your authorized users' use of the Services must comply with all applicable laws pertaining to the protection of minors, including when appropriate.  BHC, LC will report actual or suspected cases of child exploitation to the National Center for Missing and Exploited Children.  For more information about online safety, visit www.ncmec.org.

Child Pornography:  The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography.  Suspected violations of this prohibition may be reported to BHC, LC at the following e-mail address:  info@hncbnc.com.  BHC, LC will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from the Network.

Spam/E-mail/Usenet Abuse:  Violations of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.  Spam/E-mail or Usenet abuse is prohibited using the Services.  Examples of Spam/E-mail or Usenet abuse using the Services include but are not limited to the following activities:

  • sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient;
  • sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
  • sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
  • sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
  • sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Network or of the networks with which BHC, LC interconnects, by virtue of quantity, size or otherwise;
  • using another site's mail server to relay mail without the express permission of that site;
  • using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
  • using IP addresses that you do not have a right to use;
  • collecting the responses from unsolicited electronic messages;
  • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
  • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);
  • using distribution lists containing addresses that include those who have opted out;
  • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
  • falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
  • using redirect links in unsolicited commercial e-mail to advertise a website or service;
  • posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
  • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
  • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
  • using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet service provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

You are responsible for ensuring and maintaining security of your systems and the machines that connect to and use the Services, including implementation of necessary patches and operating system updates.

The Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of BHC, LC's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.  Examples of system or network security violations include but are not limited to:

  • unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
  • hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
  • impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
  • using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
  • distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
  • knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
  • engaging in the transmission of pirated software;
  • using any software or device designed to defeat system time-out limits or to allow an authorized user's account to stay logged on while such authorized user is not actively using the Services;
  • using manual or automated means to avoid any use limitations placed on the Services;
  • providing guidance, information or assistance with respect to causing damage or security breach to the Network, or to the network of any other Internet service provider;
  • failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted by you or your users using the Services.  BHC, LC has no responsibility for any material created using the Services, stored on the Network or accessible using the Services.  You are responsible for taking prompt corrective action(s) to remedy a violation of this AUP and to help prevent similar future violations.

AUP Enforcement and Notice

Your failure to observe the guidelines set forth in this AUP may result in BHC, LC taking actions anywhere from a warning to a suspension or termination of your Services.  When feasible, BHC, LC may provide you with a notice of an AUP violation via e-mail or otherwise allowing you to promptly correct such violation.

Notwithstanding the foregoing, BHC, LC reserves the right to act immediately and without notice to you to suspend or terminate affected the Services in response to a court order or government notice that certain conduct must be stopped or when BHC, LC reasonably determines, that the conduct may: (1) expose BHC, LC to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of the Network or networks with which BHC, LC is interconnected, (3) interfere with another BHC, LC customer's use of the Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to BHC, LC or BHC, LC's customers.

BHC, LC has no obligation to monitor content of any materials distributed or accessed using the Services.  However, BHC, LC may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Network and its customers.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a BHC, LC customer (or its authorized users) should be directed to info@hncbnc.com.  Where possible, complaints should include details that would assist BHC, LC in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright Complaints

If you believe that a copyrighted work has been copied and posted, stored or transmitted using the Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") at info@hncbnc.com.

Contact Information

Any notification that BHC, LC sends to you pursuant to this AUP will be sent via e-mail to the e-mail address on file with BHC, LC, or may be in writing to your address of record.  It is your responsibility to promptly notify BHC, LC of any change to your contact information.