Basin Broadband Acceptable Use Policy

Basin Broadband, Inc. agrees to provide and the Client agrees to receive access to Basin Broadband, Inc.' Internet telecommunications network according to the following Terms and Conditions:

1. Basin Broadband, Inc. exercises no control whatsoever over the content of the information passing through it from the internet. The client should understand that there are no guarantees of accuracy from many sources on the internet, and in some cases, little or no censorship.

2. Service Limitations. Basin Broadband, Inc. access is provided on an "as is, as available" basis. Because of continually increasing traffic, there may be times when connection to a particular site is refused or slow. End User/Client hereby acknowledges that the Services are subject to certain conditions generally beyond the control of Basin Broadband, Inc., including the type and condition of the equipment (personal computer, modem, etc.) of End Users. The Service may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of the Service. Basin Broadband, Inc. makes, and End User/Client acknowledges, no warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to Basin Broadband, Inc. service, equipment or any information or software therein. Basin Broadband, Inc. will not be responsible for any damage or loss of income incurred either as a result of using the service or inability to access the service. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruption however caused, including equipment failure. Basin Broadband, Inc. does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice.

3. Basin Broadband, Inc. may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Client agrees to indemnify and hold harmless Basin Broadband, Inc. from any claims resulting from Clients use of the service which damages Client or another party. Basin Broadband, Inc. has established its network operation in compliance with the Digital Millennium Copyright Act. If a valid question of copyright infringement exists upon our network, please send an email notice of alleged infringement to our designated agent:

4. Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Basin Broadband, Inc. or of any computer system or network that is accessed via Basin Broadband, Inc.' service, will result in the immediate suspension of services. These unauthorized activities include, but are not limited to: guessing at or using passwords other than Client's own, accessing information that does not have public access permissions, and accessing any computer system on which Client or the public are not welcome.

5. Any access to other networks through Basin Broadband, Inc. service must comply with the Acceptable Use Policy for that network.

6. Use of any information obtained via Basin Broadband, Inc. communication service is at Client's own risk. Basin Broadband, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.

7. It is contrary to Basin Broadband, Inc. policy for any user of any of these services to effect or participate in any of the following activities through an Basin Broadband, Inc. provided service:

A. To post messages substantially similar in content to ten (10) or more Usenet or other newsgroups, forums, listservs or other similar groups or lists (each a "List");

B. To intentionally post to any List articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

C. To send unsolicited Emailings to more than twenty-five (25) email users, if such unsolicited Emailings could reasonably be expected to provoke complaints. Except as otherwise defined under applicable law, "Unsolicited Email" does not include any message addressed to an individual (i) with whom the sender has a preexisting and ongoing business or personal relationship, (ii) from a non-commercial organization or entity of which the individual is a pre-existing member or (iii) a posting to a List that does not otherwise violate this Policy. Basin Broadband, Inc. recognizes the fact that Spamming is illegal, and will not tolerate such activities outside of this ISP. On the net itself, spamming has been ruled as illegal activity. If proof is presented that an Basin Broadband, Inc. client has been involved in Spamming, that account will immediately be made inactive until such time as the client can be contacted to resolve the issue. ****Spam Defined: An inappropriate attempt to use a mailing list, or USENET or other networked communications facility as if it was a broadcast medium (which it is not) by sending the same message to a large number of people who didn't ask for it. To falsify user information provided to Basin Broadband, Inc. or to other users of the service in connection with use of an Basin Broadband, Inc. service;

D. To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a Basin Broadband, Inc. account, remailer, or otherwise through an Basin Broadband, Inc. service or using an Basin Broadband, Inc. account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the forgoing activities if such use of another party's service could reasonably be expected to adversely affect a Basin Broadband, Inc. service; E. To engage in any other activity which is either in violation of law, threatens the integrity of any computer system, or violates generally accepted standards of Internet conduct and usage including but not limited to denial of service attacks; web page defacement; port and network scanning and unauthorized system penetrations.

8. Basin Broadband, Inc. considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Basin Broadband, Inc.' terms and conditions of service. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to Basin Broadband, Inc. services in accordance with the End User/Client's Services agreement with Basin Broadband, Inc..

A. In addition, Basin Broadband, Inc. reserves the right, where feasible, to implement technical mechanisms which block postings and messages as described above before they are forwarded or otherwise sent to their intended recipients.

B. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Basin Broadband, Inc.' terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Basin Broadband, Inc. will respond as appropriate to these other activities as well.

C. Finally, Basin Broadband, Inc. respects the privacy and anonymity of its End Users who agree to the Terms and Conditions of Basin Broadband, Inc.' Service. Basin Broadband, Inc. will strive to provide for and uphold such rights.

9. The benefits of, or rights conferred by, this Agreement are non-transferable. Use of Basin Broadband, Inc. service is expressly limited to the Client whose name appears on the account. Dial-up services are for attended use only. Users are not permitted to stay connected when they are not at the terminal doing internet work.

10. Spam/Virus Protection. Basin Broadband, Inc., provides direct broadband connections to the Internet. It is the responsibility of the customer to protect their computers from Internet born threats.

11. Service is payable monthly in advance. Service should be canceled in writing prior to first day of the month. Service is automatically renewed each month unless canceled by the Client. Only a written (send email to request to terminate service relieves Client of the obligation to pay the monthly charge. Client and Basin Broadband, Inc. jointly agree that all requests to cancel service must be made in writing (send email to by the 28th of the month in which service is to end. Service will terminate on the last day of the month prepaid. Any cancellation after the 1st will be considered billable time. Basin Broadband, Inc. will not refund any prepaid service fees. Client agrees that any setup fee is non-refundable.

12. If automatic "Bank Draft" is the form of payment, the account will be debited monthly, within the first five days of the month to cover service for that month, at the "then current" rate. Automatic debits will continue until the Client cancels the service in writing (send email to based on the conditions stated in Item #8 above. Client agrees to compensate Basin Broadband, Inc. the sum of $25.00 "Bank Draft" is returned without having given proper notice cancellation as required in Item #8 above.

13. Basin Broadband, Inc. reserves the right to change the rates and otherwise modify these Terms and Conditions without notification.

14. Basin Broadband, Inc. reserves the right to terminate Client's access to the service upon any breach of this Agreement by Client. Accounts in payment default on the fifteenth day of the month are subject to suspension of service.

15. Basin Broadband, Inc. reserves the right to cancel any account for any reason it deems reasonable, or for any client conduct that Basin Broadband, Inc., in its sole and absolute discretion, deems unacceptable.

16. These Terms and Conditions supersede all previous representations, understanding or agreements and shall prevail notwithstanding any variance with Terms and Conditions of any order submitted.

17. Use of Basin Broadband, Inc. service constitutes acceptance of the Terms and Conditions.

18. Monthly Usage Quota. Basin Broadband has established quotas for broadband usage, based on the total number of GigaBytes transferred during the month. Rates are set based on these amounts. If a customer begins exceeding the current rate plan to which the customer is signed up for, Network Monitoring Equipment at Basin Broadband may throttle the speed. Many times, increased usage is a result of employees adding streaming audio such as Internet Radio, or loading PTP file sharing programs like Kaaza and BearShare. Although we don't prohibit these activities, we must discourage these as they will seriously degrade a business class network.

Basin Broadband, Inc. will notify the customer in the event that bandwidth is exceeding the rate plan, and give the customer the opportunity to move to a higher plan. If the customer does not notify Basin Broadband, Inc. to change the plan, Basin Broadband, Inc. may charge $5 per GB for overage at the conclusion of the following month, and may continue to throttle the customers bandwidth.

19. Nothing contained in this policy shall be construed to limit Basin Broadband, Inc.' actions or remedies in any way with respect to any of the foregoing activities, and Basin Broadband, Inc. reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Basin Broadband, Inc. service, and levying cancellation charges to cover Basin Broadband, Inc.' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Basin Broadband, Inc. reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.


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