Orchard Wireless Acceptable Use Policy

 

What is this Document?

 

This is Orchard Wirelessís Acceptable Use Policy (AUP), which is part of your Terms of Service. By ordering a service from Orchard Wireless or by using a service provided by us, you accept this policy and agree to follow the rules explained in it. This document is just as binding as the Terms of Service.

 

We may revise this policy at will. Changes are in force as soon as the revised document is published. "Published" means uploaded to our website. Any changes will apply instantly only to the portion of the Terms of Service contained in this document.

Orchard Wireless will provide a 30 Day notice for any changes to other parts of the Terms of Service not included in this document.

 

You are responsible for keeping up with the provisions of the AUP. However, there is nothing peculiar or tricky in this document, nor will there be in future. Courteous, law-abiding behavior almost always falls within the limits of the AUP.

 

Definitions

 

Customer, I, you, your: ††††††† means a person, a company, or legal entity who subscribes to a service provided

by Orchard Wireless

User: ††††††††††††††††††††††††††††††††††††† Also refers to a person, company or legal entity who subscribes to a service provided by Orchard Wireless, but also includes someone who also uses the same service.

Service: ††††††††††††††††††††††††††††††††† Any service provided by Orchard Wireless

Equipment:†††††††††††††††††††††††††††† Means any hardware or device provided by Orchard Wireless for use by a customer.

AUP:††††††††††††††††††††††††††††††††††††††† Acceptable Use Policy

 

What is an Acceptable Use Policy (AUP)

 

Every reputable Internet provider has an Acceptable Use Policy, or AUP. Its purpose is to describe what kinds of behavior are acceptable while you are using the ISP's services--or rather, to describe what kinds of behavior are not acceptable, why this is so, and what will happen if you engage in them in violation of the AUP.

 

Some of the rules are based on the law, and some on the Internet conventions that have developed in the last two or three decades. These conventions are not arbitrary. Internet users created them by discovering, by trial and error, what works and what doesn't.

 

The Internet only works if the people using it cooperate to use the Internet sensibly.

 

What happens if you violate the AUP?

 

If you do something illegal or otherwise in violation of the guidelines given here, we will take action.

If you do something blatantly illegal or directly harmful to life or property, we may immediately suspend or close your account and shut down your access to the Internet. Especially: If you use your Orchard Wireless account or Orchard Wireless service to send unsolicited bulk messages, we will close your account.

 

We are required by law to report some kinds of behavior to law enforcement, including (but not limited to) child abuse and child pornography of any kind, terrorism, and certain kinds of threats.

 

If you do something less directly harmful, Orchard Wireless will send you a warning or make contact with you.

 

If you continue to violate the AUP, Orchard Wireless will close your account. You have the right to disagree with us, but the decision is Orchard Wirelessís alone.

 

If someone else uses your account to do something which violates the AUP, you are still responsible and may have your account suspended or closed. If this is done without your knowledge, you are still responsible. If you can convince us that you will control access to your account more closely in future, we may reinstate your account without prejudice.

 

In any event, whether your account is suspended or closed, Orchard Wireless does not owe you credit. If you lose access because of your own or your users' behavior, you will not get a refund. Outstanding charges still apply. There may be a disconnection and or reconnection fee that may be charged.

 

Basics

 

Orchard Wireless offers access to the Internet. However, the Internet is not owned, operated, managed by, or in any way affiliated with Orchard Wireless. The Internet is a separate network of computers independent of Orchard Wireless. Your use of the Internet is solely at your own risk and is subject to all applicable local laws and regulations. Your access to the Internet is dependent on numerous factors, technologies, and systems, most of which are beyond Orchard Wirelessís authority and control.

 

Usage Limits

 

Orchard Wireless will have a base usage limit depending upon your plan of choice. For internet access this normally is measured in gigabytes. You may be charged an overage fee or overage data blocks if you go over your base limit. Orchard Wireless will send an email to you when you get close to your base limit.

 

Servers

 

You are not to run a dedicated server, serving resources accessible to the internet outside the Orchard Wireless network using your Orchard Wireless service. This includes Http, ftp, or any other major protocol based resource / service.

Note that we do not mind small amounts of usage with regard to remote control applications such as RDP or VNC as well as limited personal use such as file transfers between home and work.

 

Throttling

 

Throttling policies are common with most reputable internet service providers.

We may place some throttling or bandwidth shaping based on the tier you purchase.

Large transfers may switch on a throttle on your internet connection. Surfing will rarely trigger the throttle. There is no extra charge or other bill with regard to the throttle. It is there to keep surfing at acceptable speeds for everyone, and so that the network remains reliable.

 

Your Username and Password

 

You are not to give your username and password to anyone outside your household as they may use it elsewhere on the Orchard Wireless network. You are liable for any activity by anyone connecting through your subscribed service, or by using your username and password.

 

Local Laws

 

All local laws must be followed when using a service provided by Orchard Wireless

Unacceptable Conduct

You need to avoid certain activities in connection with your Orchard Wireless service besides outright crime.

harassing anyone

violating anyone's privacy

attempting to use Orchard Wireless as a starting point for an activity that will intentionally hurt or annoy someone

harassing, threatening, or abusing Orchard Wireless staff

excessive posting or otherwise abusing Usenet

sending bulk unsolicited emails (spam)

using Orchard Wireless for any spam-related purpose

making available any software, script, product, or service that will violate this AUP (this includes, but is not limited to, programs for the distribution of spam)

forging or falsifying any information, including (but not limited to) TCP/IP packet headers or any part of the header information in an email message or Usenet posting

email "bombing" or flooding

any attempt to overload Orchard Wireless's, or any other, system

network-unfriendly activity or "hacking" that interferes with normal network operations

attempts to gain unauthorized access to ("hack into") Orchard Wireless's servers, or to access Orchard Wireless data, accounts, systems or networks, or to find security holes in an Orchard Wireless system, whether these attempts are electronic or otherwise

any activity which could damage, disable, overload or impair Orchard Wireless's services

Intentionally leaving open SMTP ports so as to allow the sending of unsolicited email by a third party. That is, if you are running a mail server on an Orchard Wireless account, you may not leave it open for email relay.

Please note that Orchard Wireless reserves the right to send announcements and other email to its customers. That is not spam. You agree to receive such email when you order an Orchard Wireless service.

 

Unacceptable Data

 

"Data" means text, pictures, software, recordings, or any other form of information. In the event of complaints against your data, Orchard Wireless alone will determine whether the file or information in question is unacceptable. Orchard Wireless supports the uncensored flow of information and ideas over the Internet. We do not monitor the content you are receiving or transmitting in the form of email, web pages, or other data. We do not exercise editorial control over the content of any web site, email message, Usenet posting, or other data created through or accessible via our service except as required by law. However, we may remove any materials that we believe to be illegal or in some other way violate Orchard Wireless's policies, or may subject us to liability.

 

If you run your own web server, email server, or any other kind of server, you are totally responsible for those servers and their content. Make sure you are aware of any laws regarding the material you are providing, including copyright laws. You should contact Orchard Wireless to talk about running your own server as it may violate the server-specific clause above.

 

Do not upload, email, post or otherwise distribute data which is:

unlawful or illegal under the laws of the United States or Wisconsin

threatening

abusive

harassing

libelous

defamatory

obscene

deceptive

fraudulent

invasive of another's privacy

inaccurate

intended to victimize, harass, degrade, or intimidate a person or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other reason

Intended for use in distributing unsolicited bulk mail, "hacking," or other proscribed activities.

 

More Unacceptable Activities

 

If you shouldn't do it in "real life," you shouldn't do it on the Internet or when using the telephone. Do not do any of these things using the Orchard Wireless service:

fraud

false advertising

unsolicited advertising

copyright violations

use of trademark or service mark to which you have no rights

trade secret violations

any intentional disruption of communication

You may not use Orchard Wireless to work around some other ISP's rules or to abuse another service.

You may not use any part of the Orchard Wireless service to support an activity done elsewhere which violates this AUP. For instance, you can't link to a web site hosted at Orchard Wireless in unsolicited bulk email even if you send it from another service.

 

Valid Return Email Address

 

All emails sent by you must have a valid return email address.

 

Moving of Orchard Wirelessís Equipment

 

No equipment supplied by Orchard Wireless may be removed from its installed position unless you have permission from Orchard Wireless. It remains property of Orchard Wireless.