Clear Choice Communications Acceptable Use Policy
Clear Choice Communications (CCC) has adopted this Acceptable Use Policy to encourage the use of its network and services by its Customers and users in a legal and responsible manner that does not interfere with, degrade or disrupt CCC’s network, the Internet, or use by other customers or users. All customers of CCC broadband services are bound by this Acceptable Use Policy. By using CCC’s network and/or services, Customers consent to be bound by this Acceptable Use Policy.
CCC may update this Acceptable Use Policy from time to time. Please consult this site periodically for the most recent revision of the Acceptable Use Policy. Any changes will be effective when posted.
Customer Responsibilities
The Customer is responsible for maintaining the security of its system, such as implementing necessary patches and operating updates, firewalls, anti-virus protection software and securing its mail servers/FTP servers against unauthorized use, in order to prevent use of the services or CCC’s network in a way that violates this Acceptable Use Policy. CCC is not responsible for the loss of data, passwords, financial information or the like.
CCC takes no responsibility for any content created or accessible on or through the Services or CCC’s network. CCC is not obligated to monitor any content but reserves the right to do so. All data stored or transmitted must be legal under all applicable U.S. laws. The Customer is solely responsible for determining the legality of all data which is stored or transmitted on its account.
Prohibited Actions
CCC’s network and the Services are to be used only for lawful purposes. CCC prohibits the use of its network and Services in any way that is unlawful; interferes with the use of its network or the Internet; creates a security risk; infringes intellectual property rights; or constitutes Spam or E-mail abuse.
Unlawful Use
No Customer or its users shall use the Services or CCC’s network in connection with any activity that constitutes a criminal or civil violation of applicable local, state, federal, national or international law, regulation, ordinance or rule. All illegal activity is prohibited, and CCC will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.
Network/Internet Interference
Any use which interferes with CCC equipment or the CCC network’s ability to function, or with use or enjoyment of the Services by other customers, is prohibited. No Customer shall perform actions that cause unusual load on CCC servers (for example, mail servers, web servers, usenet servers or name servers, etc.) that cause slowness or denial of service to other CCC customers.
Security Risk
Use of CCC’s network or Services to commit network abuse (for example, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", or "teardrop") or otherwise compromise the security of hosts or networks is prohibited.
CCC Service shall not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of CCC’s or a third party’s server, network, network access or control device, software, data or information; including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security measures without express authorization of the owner of the secured network.
Infringing Intellectual Property Rights
No Customer or its users shall use the Services or CCC’s network to transmit, retransmit, or store any content or to engage in any activity that infringes, dilutes, misappropriates or otherwise violates the intellectual property rights (for example, copyright, patent, trademark, trade secret) of CCC or any other person or entity.
The Customer will indemnify and hold harmless CCC against any loss, damage, cost and expense which CCC may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted by Customer or its users and any claims or suits resulting from the Customer’s or its users’ use of the Services including, without limitation, the expense and cost of defending any and all such claims and actions, except when such claims result solely from the negligence of CCC or CCC’s failure to perform its obligations to Customer under its Services agreement. The provisions of this paragraph shall survive termination of the Services or Customer’s agreement with CCC for use and provision of the Services.
If you believe your copyrighted work is being hosted on a CCC IP address in violation of applicable law protecting intellectual property rights, please contact our office with the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyright work that you claim is infringed;
- identification of where the material (including URL if possible) that you claim is infringing is located;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notification of copyright infringement should be sent to:
Sheldon Sagedahl
Clear Choice Communications
PO Box 304
Sebeka, MN 56477
Telephone: 218-898-1234
E-mail: sheldons@cchoice.net
Spam or E-Mail Abuse
CCC prohibits e-mail abuse and usenet news abuse. Examples of prohibited e-mail abuse are:
- sending unsolicited commercial e-mail, unsolicited mass mailings, Spam or flood usenet newsgroups
- using CCC’s network to provide software or lists for mass mailing unsolicited email
- using, creating or maintaining Spam advertising sites or services located on CCC IP space (even if the Spam originates elsewhere)
- using third party mail servers to relay Spam
- using IP addresses that the Customer does not have a right to use
- participating in pyramid schemes or email chain letters
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with a third party’s use and enjoyment of the Services or the Internet
- forging of any header or any part of the header information in any e-mail or newsgroup posting, or taking any action in order to obtain services to which such user is not otherwise entitled.
If you have questions about what constitutes spam, please refer to http://spam.abuse.net.
CCC Action in Response to Prohibited Actions
When possible and when it is not detrimental to the rights or property of CCC or third parties, CCC shall provide the Customer with written notice via e-mail or otherwise of an apparent violation of this Acceptable Use Policy, so that the conduct or problem may be corrected without impact on the Services. However, CCC shall have the right to act immediately and without notice, and without liability to Customer or any of Customer’s users, to suspend or terminate Services in response to a court order or governmental notice requiring that the conduct be stopped, or when CCC believes that the conduct or problem poses an imminent risk of harm to rights or property of CCC or third parties.
Should a Customer become the target of a network attack, CCC shall have the right to take any action (for example, temporary suspension of the Customer's account) needed to return server or network operation to normal.
If CCC is informed of a claim of copyright, trademark or other infringement of intellectual property rights involving a Customer’s account, CCC will attempt to notify the Customer of those allegations and secure a response. CCC may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which CCC believes may create, constitute, or contribute to copyright, trademark or other infringement of intellectual property rights. The Customer waives the right to assert any claims against CCC for any such removal or termination.
Disclaimer
This Site is provided "as is" and without express or implied warranties of any kind, including implied warranties of merchantability or fitness for any particular purpose. We do not represent or warrant that this Site will be uninterrupted or error free. In no event, will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Site. CCC will use its best efforts to maintain, but does not guarantee, the privacy of e-mail, network use, and the contents of user directories.
User Transmissions
We are always pleased to receive your comments and suggestions. If you post comments, suggestions, ideas, etc. (collectively "Submissions") in response to any content on this Site, you grant us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media.
For further explanation of this Acceptable Use Policy, or to determine whether your intended activities are permissible under the terms of this Acceptable Use Policy, contact CCC at helpdesk@cchoice.net or via phone at 218-898-1234.
This Acceptable Use Policy is to be interpreted under the law of Minnesota.