Acceptable Use Policy

Important Note:
New Source Broadband may revise this Acceptable Use Policy (the "Policy") from time to time without notice by posting a new version of this document on the New Source Broadband Web site at www.nsb-pklake.com (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of the New Source Broadband High-Speed Internet Service should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy and complaints of violations of it by New Source Broadband customers and users can be directed to: genmgr@nsb-pklake.com .
 
Introduction
New Source Broadband provides Internet service to Residential and Business customers (the "Service") that allows subscribers to connect to the Internet through the network of New Source Broadband and other underlying providers of the Service. Use of the Service is subject to the terms of this Policy. As a customer or user of the Service, you are responsible for ensuring that your use of the Service complies in all respects with this Policy. ANY CUSTOMER OR USER WHO DOES NOT AGREE TO BE BOUND BY THIS POLICY SHOULD IMMEDIATELY STOP USE OF THE SERVICE AND NOTIFY THE NEW SOURCE BROADBAND CUSTOMER SERVICE DEPARTMENT SO THAT THE CUSTOMER'S OR USER'S ACCOUNT MAY BE CLOSED.
 
Illegal Activity
The use of the Service for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:
• Posting or disseminating material which is unlawful (such as child pornography or obscene material);
• Disseminating material which violates the copyright or other intellectual property rights of others;
• Pyramid or other illegal soliciting schemes;
• Any fraudulent activities, including impersonating any person or entity in person or electronically or forging anyone else's digital or manual signature.

Security
You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, guest, employee or customer with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password.
The Service may not be used to breach the security of another customer or user or to attempt to gain access to any other person's computer, software or data, without the consent of such person. 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is prohibited. The Service may not be used to collect, or attempt to collect, personal information about third parties without their consent.
You may not disrupt the Service. The Service may not be used to 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 abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is prohibited. The Service may not be used to violate the rules, regulations, or policies applicable to any network, server, computer database, or web site that you access. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. New Source Broadband recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by the manufacturer of the applicable file or printer sharing devices. Any files or devices you do choose to make available for remote access should be protected with a strong password or as otherwise appropriate.
 
Inappropriate Content
There may be content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly to children. Neither New Source Broadband nor any of its underlying providers assume any responsibility for the content contained on the Internet or otherwise available through the Service. You expressly assume the risk of accessing content through the Service, and neither New Source Broadband nor any of its underlying providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may wish to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.
You are solely responsible for any information that you publish, disseminate, or make available on the Internet, including but not limited to content posted or stored on your Personal Web Features (as defined below). You must ensure that any content that you disseminate is appropriate for its intended recipient(s). For example, you must take proper precautions to prevent minors from receiving inappropriate content. New Source Broadband reserves the right, but not the obligation, to refuse to post or to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.
Neither New Source Broadband nor any of its underlying providers have any obligation to monitor transmissions made on the Service. However, New Source Broadband and its underlying providers have the right to monitor such transmissions from time to time for violations of this Policy and to disclose, block or remove the same in accordance with your Subscriber Agreement and any other applicable agreements and policies.
By using the Service to reproduce, publish, display, transmit and distribute content, a user is warranting that any content that the user may reproduce, publish, display, transmit, or distribute complies with this Policy. Through these actions, a user also authorizes New Source Broadband and its underlying providers to reproduce, publish, display, transmit and distribute such content as necessary to deliver the content in a timely manner.
 
Electronic Mail
The Service may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have explicitly requested them.
You agree that you will not use email for the propagation of chain letters, junk mail or "spam." The Service may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. You agree not to use email to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Continuing to send email messages to anyone that has expressly requested not to receive email from you is considered to be harassment. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email Services that violate this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Service. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not such email is commercial in its nature are prohibited.
Forging, altering or removing electronic mail headers is prohibited.
You may not reference New Source Broadband or the New Source Broadband network (e.g. by including "Organization: New Source Broadband" in the header or by listing an IP address that belongs to New Source Broadband or the New Source Broadband network) in any unsolicited email even if that email is not sent through the New Source Broadband network.
You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt or affect of disrupting a server or account.
New Source Broadband is not responsible for forwarding email sent to any account which has been suspended or terminated. Such email will be either returned to sender, ignored, deleted, or stored temporarily at New Source Broadband's sole discretion.
In the event that New Source Broadband believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, New Source Broadband (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, New Source Broadband may at any time reserve any identifiers on the Service for New Source Broadband's own purposes.
 
Instant Messaging
Users alone are responsible for the contents of their instant messages and the consequences of any such instant messages. Neither New Source Broadband nor any of its underlying providers have any obligation to monitor instant messaging transmissions made on the Service. However, New Source Broadband and its underlying providers have the right to monitor such transmissions from time to time for violations of this Policy and to disclose, block or remove the same in accordance with your Subscriber Agreement and any other applicable agreements and policies.
You agree that you will not use instant messaging for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use instant messaging to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Continuing to send messages to anyone that has expressly requested not to receive messages from you is considered to be harassment.
New Source Broadband assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.
 
Personal Web Page and File Storage
If, as part of the Service, New Source Broadband ever provides you with access to personal web pages and storage space. You will be solely responsible for any information that you publish or store on the Personal Web Features. You must ensure that the intended recipient of any content made available through the Personal Web Features is appropriate. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. New Source Broadband reserves the right to remove, block or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this Policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings.
Neither New Source Broadband nor any of its underlying providers have any obligation to monitor the contents of your Personal Web Features. However, New Source Broadband and its underlying providers have the right to monitor such contents from time to time for violations of this Policy and to disclose the same in accordance with your Subscriber Agreement and any other applicable agreements and policies. If New Source Broadband determines, or complaints are received by New Source Broadband, regarding language, content or graphics contained on your Personal Web Features, New Source Broadband may remove or block the content from our Service and terminate your Personal Web Features and/or your use of the Service if New Source Broadband determines that you have violated the terms of this Policy.
 
Network, Bandwidth, Data Storage and Other Limitations
You must comply with all the current bandwidth, data storage and other limitations on the Service established by New Source Broadband and its vendors and providers. In addition, you may only access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the Service with a static IP address or using any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.
You must ensure that your activity does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of New Source Broadband) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede New Source Broadband's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.
You may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of New Source Broadband. For example, you cannot provide Internet access to others through a dial up or wireless connection (unless you are subject to a Service plan that permits otherwise), host shell accounts over the Internet, provide email or news service, or send a news feed. You may not use the Service for commercial purposes unless you have Subscribed under a Business account Plan.
You may not run a server in connection with the Service, nor may you provide network services to others via the Service unless you are subject to a Service plan that permits otherwise. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, wifi, and dhcp, and multi-user interactive forums.

VPN Usage
New Source Broadband allows customers to utilize VPN software in accordance with our Acceptable Use Policy and other terms of service; however, we do not provide any technical support for them. To get support, please contact your software company's system administrator.
 
Copyright Infringement
New Source Broadband is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate 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. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is New Source Broadband's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either deemed to infringe third party copyright or other intellectual property rights, including repeat infringers, or those who New Source Broadband believes in its sole discretion is infringing such rights. New Source Broadband may terminate the Service at any time with or without notice for any such customer or user.
Copyright owners may report alleged infringements of their works made on or over the Service by sending New Source Broadband's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon New Source Broadband's receipt of a satisfactory notice of claimed infringement, New Source Broadband will either remove the allegedly infringing work(s) from the Service or will block access to the work(s). New Source Broadband will then notify the affected customer or user of the Service that it has removed or blocked access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to New Source Broadband. Upon New Source Broadband's receipt of a counter notification that satisfies the requirements of DMCA, New Source Broadband will 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. In all events, you expressly agree that New Source Broadband will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send New Source Broadband a notification of claimed infringement to report alleged infringements of their works made on or over the Service to:

New Source Broadband
PO Box 161847
Fort Worth, TX 76161-1847

Claimed infringement forms must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to New Source Broadband, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with New Source Broadband's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
 
Violation of Acceptable Use Policy
New Source Broadband does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although New Source Broadband has no obligation to monitor the Service and/or the network, New Source Broadband and its underlying providers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and New Source Broadband users.
New Source Broadband prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way which New Source Broadband or its underlying providers, in their sole discretion, believe violate this Policy, New Source Broadband or its underlying providers may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither New Source Broadband nor its underlying providers will have any liability for any such responsive actions. The above described actions are not New Source Broadband's exclusive remedies and New Source Broadband may take any other legal or technical action it deems appropriate.
New Source Broadband reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on New Source Broadband's Servers and Network. During an investigation, New Source Broadband may suspend the account or accounts involved and/or remove or block material which potentially violates this Policy. You hereby authorize New Source Broadband and its underlying providers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include New Source Broadband providing available personally identifying information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, New Source Broadband is authorized to delete any files, programs, data and email messages associated with your account.
The failure of New Source Broadband or its underlying providers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the state of residence where the Service is provided to the customer.