NYMBLE™ HIGH SPEED INTERNET SERVICE ACCEPTABLE USE POLICY
This Acceptable Use Policy (“the Policy”) governs use of Nymble Internet Service (“the Service”). All subscribers to the Service are required to comply with this Acceptable Use Policy. Failure to comply with the Policy is grounds for termination of the Service.
The Acceptable Use Policy is subject to revision from time to time. Subscribers should review the Policy periodically to ensure continuing compliance, as detailed below:
Concerns about possible violations may be reported to us in the same manner.
The Service enables residential Users to enjoy the benefits of a connection to the Internet that is reliable, affordable, and meets their needs. In order to delivering the most reliable and affordable service, Nymble has adopted this Acceptable Use Policy (“Policy”). The Policy outlines acceptable use of the Service. This Policy is in addition to any restrictions contained in any other terms and conditions of Service, available at www.Nymble.com.
The Service provides access to the Internet, which is used by millions of other users. Each user of the Internet benefits by being able to share resources and communicate with other members of the Internet user community. However, as with any community, the benefits and information available through the Service and the Internet in general must be balanced with the duties, obligations, and responsibilities each user has to ensure that all users are able to use the Service and Internet as they wish without disruption, interference, or other negative consequences.
In general, the Policy 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.
Nymble may revise this Policy from time to time by posting a new version on the website and providing notice in writing, via automated service messaging, electronically, or other similarvia any other reasonable mechanism. Revised versions of this Policy are effective seven (7) days after posting. Subscribers should review the Policy periodically to ensure continuing compliance.
Use of the Service is subject to the rules and guidelines stated herein. Each user is responsible for ensuring that the use of the Service complies with this Acceptable Use Policy.
ANY SUBSCRIBER USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS, AS AMENDED OR REVISED FROM TIME TO TIME, SHOULD IMMEDIATELY STOP USE OF THE SERVICE AND NOTIFY THE RESPECTIVE NYMBLE CUSTOMER SERVICE GROUP SO THAT THE SUBSCRIBER’S ACCOUNT MAY BE CLOSED FOR A REFUND. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO OTHERWISE APPLICABLE LAW, NO REFUNDS ARE AVAILABLE FOR PREPAID SERVICES NOTWITHSTANDING ANY REASONABLE CHANGES OR REVISIONS TO THE SERVICE OR THE TERMS, CONDITIONS, AND APPLICABLE LEGAL RESTRICTIONS GOVERNING SUCH SERVICE.
Prohibited activities include, but are not limited to the following activities undertaken or accomplishing any unlawful purpose:
Attempts to engage in prohibited activities will be treated as violations of this Policy.
Attempts to engage in prohibited activities will be treated as violations of this Policy.
Users are responsible for any misuse of the Service, even if the misuse was committed by a spouse, child, family member, friend, guest, employee, agent, customer, or other person provided with access to the User’s service. Accordingly, Users must take steps to prevent unauthorized access to and misuse of the Service.
The Service may not be used to breach the security of another userUser or in any effort to gain unauthorized access to any other person’s computer, software or data. “Hacking” is prohibited. The Service may not be used in any 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 the subscriber, logging on to or using a server or account without authorization, or probing the security of other networks. Use or distribution of tools designed for defeating security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, are prohibited.
Any attempt to disrupt any portion of the Service is a violation of the Policy. The Service also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The knowing or intentional transmission or dissemination of any information or software which contains a virus or other harmful feature is also a violation.
Nymble Users are solely responsible for the security of any device connected to the Service, including any files or data stored on the device. In particular, Nymble recommends against enabling file or printer sharing while connected to the Internet. At a minimum, any files or services a subscriber elects to make available for remote access via the Internet should be password protected. Strong security protection is recommended.
Some content available on the Internet may be offensive to some individuals, or may violate the law. Material which may be considered to be highly offensive or pornographic is widely available on the Internet. The technology is available to deliver these materials to individual computers without request. The technology is also available to make it difficult to exit a website without being forwarded to additional, related sites. Nymble userUsers should be aware that even inadvertent contact with certain websites could result in the automatic downloading of files containing objectionable materials. Such files may remain on the personal computer after the connection is terminated.
Nymble is not responsible or liable for any content contained on the Internet, and Nymble userUsers assume all responsibility and risk associated with accessing content on the Internet. Parents may want to use a program which restricts access to offensive material on the Internet. No such program is 100% effective and Nymble is not responsible for the effectiveness or operation of such programs. Questions about the operation or effectiveness of such programs should be referred to the software publisher. Content questions or complaints should be addressed to the content provider.
Users are solely responsible for any information which they publish on the web or through other Internet services, and it is the user’s User’s responsibility to ensure that only intended recipients receive the content. Nymble reserves the right to remove or to refuse to post any information or materials deemed to be offensive, indecent, or otherwise inappropriate in violation of this Policy, regardless of whether such material or its dissemination is unlawful. By reserving the right to remove or to refuse to post such information, Nymble is not undertaking any obligation to do so and has no liability for failing to do so.
Nymble has no obligation to monitor transmissions or postings made or received via the Service; however, it reserves the right to monitor such transmissions and postings from time to time and to disclose the same in accordance with this Service Agreement.
Each User is required to ensure that all content transmitted, published, or distributed via the Service is in compliance with this Policy, and each User assumes all responsibility for the results of the transmission, publication, or distribution of any content via the Service. Nymble is not responsible for, and has no liability for, any claims arising from the reproduction, publication, distribution, or display of such content through the Service.
SPAM is defined as any unsolicited commercial email or any bulk e-mailing (unsolicited or otherwise) that poses a risk of disrupting service on the Nymble network. It is usually sent in large quantities to recipients who have not specifically opted or chosen to receive it.
SPAM poses significant problems for Nymble’s IP network, and significant aggravation and inconvenience for Nymble’s customers users as well as other internet users.
It is Nymble’s policy that SPAM on its network will be neither supported nor condoned. Any Nymble User (network user) who is found to either be:
will receive a warning upon a first offense that such activity is not allowed over Nymble network and will not be tolerated. Any subsequent infraction is grounds for termination of all Internet access service.
Use of Internet Relay Chat (IRC)
The Service may be used to participate in “chat” discussions. Except as otherwise provided or described in the terms and conditions of service, Nymble does not monitor chat discussions and is not liable for any communications made via Internet chat.
Sending messages which disrupt another Internet user’s equipment, including software, hardware, or user display, is a violation of this Policy.
Flooding of chat discussions is prohibited. No more than two simultaneous chat connections may be maintained at one time. Automated programs such as “bots” or “clones” may not be used when the account holder is not physically present at the device.
Limitations on Bandwidth, Data Storage and Other Service Parameters
The Service dynamically allocates most of its IP addresses. Any individual assignment may change frequently, which should have no adverse impact on typical use of the Service. However, this may result in the Subscriber being unable to predict what IP address will be assigned for their use. It is strictly forbidden for Subscribers to intentionally by-pass the dynamic assignment of an IP address to any device attached to Nymble’s network.
Nymble service is designed to deliver limited speed and data allowances, depending on the package being purchased, and Nymble may otherwise establish additional appropriate limitations on use of bandwidth, data storage, or other aspects of the Service. Subscribers must comply with all such limitations prescribed by Nymble.
Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, and does not improperly restrict, inhibit, disrupt, degrade or impede Nymble’s ability to deliver and monitor the Service, backbone, network nodes, and/or other network services.
Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party. Users may not use the Service to provide Internet access to others through a dial-up connection, host shell accounts over the Internet, provide email or news services, or send a news feed.
Nymble Internet service is sold only for personal and non-commercial use of the Internet, and Users may not use the Service for commercial purposes (whether or not for profit).
No User may run a server in connection with the e Service without specific written consent from Nymble, which consent shall not be unreasonably withheld. Examples of prohibited uses of Service include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums.
Copyright / Intellectual Property Infringement
The federal Digital Millennium Copyright Act (“DMCA” or “Act”) directs how online service providers like Nymble address claims of online copyright infringement. As required by the DMCA, we have adopted a policy to suspend or terminate access to Users who repeatedly infringe copyrights. Customers against whom Nymble receives DMCA infringement allegations will receive a warning letter regarding the allegations; if Nymble receives additional allegations that remain unresolved, the customer Usermay be subject to the suspension or termination of Internet service.
If a customer User contests a complaint of infringement in accordance with the DMCA, the complaint will not count toward that account’s infringement total, unless: (i) it is determined by a court that the complaint was valid; or (ii) the account holder later agrees that the complaint was valid.
Nymble accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
Violation of the Acceptable Use Policy
Although Nymble has no obligation to monitor the Service or the Internet, it reserves the right to monitor bandwidth, usage, and content as required to operate and monitor the Service; to identify violations of this Policy; and to protect the Service, its userUsers, and other users of internet services. Except as necessary to manage the network, Nymble does not routinely monitor the Service for violation of this Policy, but it will respond appropriately if made aware of inappropriate use of the Service.
In the event of a suspected violation of this Policy, Nymble may take any responsive action it deems appropriate. Remedial actions may include, without limitation, removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, or immediate suspension or termination of the Service, and Users expressly waive, to the fullest extent under the law, any claims against Nymble based on these remedial actions., and Users further specifically agree and understand that Nymble has no liability for any such actions.
The above actions are not Nymble’s exclusive remedies; ite may take any other legal, equitable, or technical action it deems appropriate, but prefers to inform customers Users of inappropriate activities and give them a reasonable period of time in which to take corrective action. Nymble prefers to have customers Userss directly resolve any disputes or disagreements they may have with others, whether customers Users or not, without intervention. Nymble, however, reserves the right to investigate suspected violations of this Policy. Such investigation may include gathering information from the userUser or userUsers involved and from the complaining party, if any; and examining material on Nymble’s servers and network. During an investigation, Nymble may suspend service and/or remove material which potentially or allegedly violates this Policy.
Nymble will cooperate fully with law enforcement authorities in the investigation of suspected criminal violations. Such cooperation may include providing the username, IP address, or other identifying information about a subscriber, and Nymble may also cooperate with other Internet Service Providers, telecommunications common carriers, or other network or computing facilities in order to enforce this Policy.
Upon termination of service for any reason, Nymble is authorized but not required to delete any files, programs, data, and email messages, or other information associated with the account, and it has no liability based on any deletions or failure to delete.
The failure of Nymble to take any action under this Policy in one instance shall not be construed as a waiver of any right to take such action in another instance at a later time.
Nymble reserves the right to seek and obtain reimbursement from User or Users for any damage or injury to its system, or business, whether temporary or permanent, which is caused by a User or by persons accessing a User’s connection. Violations of the law will be referred to the appropriate authorities.
This Acceptable Use Policy may be revised by Nymble at any time. Subscribers should review the Policy periodically to ensure compliance.
NYMBLE™ INTERNET SERVICE MINIMUM EQUIPMENT REQUIREMENTS
The following details the minimum technical requirements for all workstations and laptops that will be connected to NYMBLE Internet Service:
PC (Intel or AMD processor)
Wireless Networking (When applicable)
Wireless Networking (When applicable)
Actual speeds experienced by the subscriber may vary depending on the number, performance, and configuration of the following:
For optimal performance, consult your equipment manufacturer/software developer for required upgrades, configuration updates, or troubleshooting guides.