Business Acceptable Use

Business Acceptable Use
COMMERCIAL CUSTOMER ACCEPTABLE USE, EMAIL RETENTION AND DMCA POLICIES
PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THE ACCEPTABLE USE, EMAIL RETENTION AND DMCA POLICIES SET FORTH BELOW
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WOW! INTERNET, CABLE AND
PHONE a provider of retail web hosting, e-mail, electronic commerce, and domain name services (“Services”). In
these Policies, we refer to the operating company subsidiary of WOW! Internet, Cable and Phone that owns and/or
operates the cable television system in your area pursuant to a cable television franchise or other authorization with
the state or local franchising authority as “WOW!”, “we”, “us” or “our” and you as the “Customer”, “you” or
“your.” In order to use the WOW! Services, you must read, understand and agree to abide by this Policy. WOW!
MAY REVISE, AMEND OR RESTATE THIS POLICY FROM TIME TO TIME BY POSTING A NEW
VERSION OF THIS DOCUMENT ON THE WOW! WEB SITE AT HTTP://WWW.WOWWAY.BIZ (OR ANY
SUCCESSOR URL(S)). REVISED, AMENDED OR RESTATED POLICIES ARE EFFECTIVE IMMEDIATELY
UPON POSTING. ACCORDINGLY, CUSTOMERS AND USERS OF THE WOW! SERVICES SHOULD
REGULARLY VISIT OUR WEB SITE AND REVIEW THIS POLICY TO ENSURE THAT THEIR ACTIVITIES
CONFORM TO THE MOST RECENT VERSION.
BY ESTABLISHING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS
POLICY AND OTHER POLICIES ADOPTED BY WOW!, AS AMENDED AND REVISED FROM TIME TO
TIME. THIS POLICY APPLIES TO CUSTOMERS RECEIVING SERVICE THROUGH COMMERCIAL
ACCOUNTS. COMMERICAL CUSTOMERS ARE SUBJECT TO THE FURTHER TERMS CONTAINED IN
THE BUSINESS CUSTOMER AGREEMENT AND THE BUSINESS CUSTOMER AGREEMENT GENERAL
TERMS AND CONDITIONS (THE “BUSINESS TERMS”), AND OTHER POLICIES ADOPTED BY WOW!.
A.
ACCEPTANCE
1.
YOU AGREE TO ADHERE TO THE POLICIES AND TO REFRAIN FROM THE EXAMPLES
OF PROHIBITED CONDUCT, SET FORTH BELOW;
2.
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT
TO WOW! THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3.
IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR
SERVICES.
B.
ACCEPTABLE USE POLICY
A. Customer must use the Service in a manner that is ethical and in conformance with prevailing community
standards. WOW! shall have the sole and non-reviewable right to determine whether Customer’s use violates this
standard.
B. Customer must use the Service in a manner that respects the integrity of our system and all components thereof.
Customer will not use or allow others to use the Service to disrupt WOW!’s network or equipment, or equipment
owned by other WOW! customers. For example, Customer agrees not to: (i) use or allow others to use the Service to
disrupt other Internet Service Providers’ service, including but not limited to by e-mail bombing or the use of mass
mailing programs; (ii) access or attempt to access other users' systems; (iii) disrupt others' use of the network; (iv)
damage or change WOW!’s or other users' computer hardware or software in any way, whether directly or
indirectly.
C. Customer must use the Service in a manner that does not create routing patterns that are inconsistent with the
effective use of a shared network. WOW! shall have the sole and unreviewable right to determine whether
Customer’s use violates this standard.
D. Customer shall not use the WOW! equipment or the Service, directly or indirectly, for any unlawful purpose. For
example, Customer shall not use the Service to: (i) post, store, disseminate or transmit through the Service any
information, data or material (including any message or series of messages) that violates or infringes in any way
upon the rights of others (including copyright, trademark or other intellectual property rights), that is unlawful,
threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, or in the circumstances
would be obscene, pornographic or indecent, constitutes hate speech or is otherwise objectionable, violent,
offensive, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate
(regardless of whether this material or its dissemination is unlawful), or that encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate any law; (ii) engage in activities that are
determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software; (iv) engage in or promote gambling contrary to
any laws, or display or promote any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary
to any laws; (v) export encryption software over the Internet or otherwise, to points outside Canada or the United
States, contrary to any export control laws; (vi) advertise, transmit, store, post, display, or otherwise make available
child pornography or other forms of illegal pornography or obscene speech or material. WOW! shall notify law
enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through
WOW!’s Services; (vii) advocate, promote or provide assistance in carrying out violence or any other unlawful
activity against any persons, animals or any governments, businesses or other entities; (viii) describe or display a
weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms,
ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws; and (ix)
promote products or services that involve a significant risk of death or injury to any persons, or damage to business
or other entities or property.
Customer also shall not link Customer’s home page to material or content that violates the Service's Acceptable Use
Policy or as specified by rules that WOW! may, from time to time, promulgate to govern Customer conduct. WOW!
shall have the sole and unreviewable right to determine whether content violates these standards.
E. The Service is for use only at Customer’s specified business service location(s). Customer may not make the
Service available to anyone other than Customer’s business or Customer’s business’ authorized employees,
contractors, or other authorized users (i.e. members of the public, customers of an establishment, hotel or motel
guests and patrons, or persons in a residence hall or apartment building) unless done with WOW!'s written approval
in accordance with an applicable Business Customer Agreement. Unless otherwise allowed by WOW!’s agreement
with you, Customer shall not resell or otherwise offer or make the Service available to other users, locations or
tenants, and shall not charge others to use the Service, in whole or in part, directly or indirectly, or on a bundled or
unbundled basis. Customers are specifically prohibited from permitting other users and/or locations to access the
WOW! Internet service, whether through wireless or other means. Customers may not connect the WOW!
Equipment to any computer outside of Customer’s business service location(s).
F. Customer shall not utilize excessive "bandwidth" (i.e. volume of data transmitted or received) arising out of the
Service at any time and on an on-going basis. WOW! reserves the right to suspend or terminate Service accounts
where data consumption is not characteristic of a typical commercial user of the Service as determined by the
company in its sole discretion, or where it exceeds published data consumption limitations. Customer must comply
with all current bandwidth, data storage, and other limitations on the Service established by WOW!. Customer must
ensure that Customer’s activity (including, but not limited to, use made by Customer or others of any personal Web
features) does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the
sole judgment of WOW!) an unusually large burden on the network. In addition, Customer must ensure that
Customer’s activities do not improperly restrict, inhibit, disrupt, degrade or impede WOW!’s ability to deliver the
Service and monitor the Service, backbone, network nodes, and/or other network Services. Violation of this policy
may, at WOW!’s option, result in termination, suspension or limitation of Service, imposition of excessive
bandwidth usage charges and/or imposition of limitations or restrictions on Customer’s bandwidth usage, as more
particularly described in the Business Customer Agreement.
G. Neither WOW! nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or
postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as
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well as materials available on online storage features such as websites and servers) made on the Service. However,
WOW! and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time
to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the
Business Customer Agreement, and applicable law.
H. Customer may not use the Service for spamming. This includes but is not limited to the following activities:
• Sending bulk unsolicited messages
• Sending e-mails which provoke complaints from the recipients
• Sending junk email
• Using distribution lists that include people who have not given their permission to be included in such a
distribution process
• Posting commercial ads to Usenet groups that do not permit them
• Posting articles that contain binary encoded data to non-binary newsgroups
• Sending excessive and repeated off-topic messages to newsgroups
• Sending excessive and repeated cross-postings
• Harassing other Internet users including but not limited to transmitting any threatening, libelous or obscene
materials.
• Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes
or contests, or any other duplicative or unsolicited messages (commercial or otherwise).
• Posting or transmitting through the Service any material that constitutes or contains advertising or any solicitation
with respect to products or service.
•
Maintaining an open SMTP relay
I. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or
not the e-mail is commercial in nature, are prohibited.
J. Customer will not use, nor allow others to use, the Service to intentionally transmit computer “viruses,” worms,
“Trojan horses” or other harmful software programs and Customer will use Customer’s best efforts to prevent the
unintentional transmission of such viruses or other harmful software.
K. Customer will not impersonate another user, falsify one's user name, age or identity in e-mail or in any post or
transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not forge any message
header of any electronic transmission, originating or passing through the Service, or perform any other similar
fraudulent activity.
L. Customer must respect the property rights of others, including those conferred by copyright, trademark and other
laws that protect intellectual property rights. Except as allowed by applicable law, Customer shall not upload, post
or otherwise make available on the Service any material protected by copyright, trademark, or trade secret or other
proprietary right without the express permission of the owner thereof. Customer may upload public domain
materials and is responsible for and assumes all risks with respect to the determination of whether materials are in
the public domain.
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Customer shall at all times adhere to WOW!’s DMCA Policy and Procedure for Making Claims of Copyright
Infringement.
Except as expressly permitted under copyright law, no copying, redistribution, publication or commercial
exploitation of downloaded material will be permitted without the express prior written consent of WOW! and,
where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be
made.
M. Customer will not access any other person's computer or computer system, software, or data without their
knowledge and consent; breach the security of another user; or 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
Customer, logging into or making use of a server or account Customer are not expressly authorized to access, or
probing the security of other hosts, networks, or accounts. Customer will not engage in any activity that might be
used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering
activity)
N. Customer will not use or distribute tools designed or used for compromising security, such as password guessing
programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention
devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in
conjunction with a residential home network, or if explicitly authorized by the destination host and/or network.
Unauthorized port scanning, for any reason, is strictly prohibited.
O. Customer will not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation,
regardless of intent, purpose or knowledge, to the Service or any WOW! (or WOW! supplier) host, server, backbone
network, node or service, or otherwise cause a performance degradation to any WOW! facilities used to deliver the
Service.
P. Customer will not distribute programs that remove locks or time-outs built into software (cracks).
Q. Customer will not initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme.
R. Customer will not participate in the collection of e-mail addresses, screen names, or other identifiers of others
(without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of
software (including "spyware") designed to facilitate this activity.
S. Customer will not collect responses from unsolicited messages.
T. Customer will not service, alter, modify, or tamper with the WOW! equipment or Service or permit any other
person to do the same who is not authorized by WOW!.
U. Customer will not connect the WOW! equipment to any computer outside of Customer’s authorized business
locations.
V. Customer will not collect, or attempt to collect, personal information about third parties without their consent.
W. Customer will not 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.
X. Customer will not violate the rules, regulations, or policies applicable to any network, server, computer database,
or Web site that Customer accesses.
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Y. Customer is fully responsible for Customer’s account and is responsible for any misuse of the Service, even if the
misuse was committed by an employee, a contractor, customer or guest with access to Customer’s Service account.
Customer is solely responsible for the security of any device Customer chooses to connect to the Service, including
any data stored or shared on that device. Customer is responsible for maintaining the confidentiality of all Service
logins and passwords. It is also Customer’s responsibility to secure the Customer Equipment and any other service
location(s) equipment or programs not provided by WOW! that connect to the Service from external threats such as
viruses, spam, bot nets, and other methods of intrusion.
Z. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups as well as
any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements,
solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs
explicitly permit them. Customer is responsible for determining the policies of a given newsgroup before posting to
it. WOW! reserves the right to discontinue access to any newsgroup at any time for any reason.
AA. Unless otherwise allowed by WOW!’s agreement with you, Customer will not run programs, equipment, or
servers from the Premises that provide network content or any other services to anyone outside of Customer’s
Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of
prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services
and servers
BB. Users alone are responsible for the contents of their instant, video and audio messages and the consequences of
any such messages. WOW! assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store
instant, video or audio messages. WOW! assumes no responsibility for the timeliness, mis-delivery, deletion, or
failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video,
and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
CC. Customer is solely responsible for any information or content that Customer or others (including Customer’s
employees, contractors, guests and customers with access to the Service) publish or store on any personal web page.
WOW! 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
this material or its dissemination is unlawful.
DD. As part of the Service, WOW! may provide web hosting services that your business can subscribe to and which
include, among other features, domain name hosting, website hosting, file storage, and file transfer (collectively, the
"Web Hosting Services"). Customer is solely responsible for any information that it or others publish or store on the
Web Hosting Services. Customer is also responsible for ensuring that all content made available through the Web
Hosting Services is appropriate for those who may have access to it. For example, Customer must take appropriate
precautions to prevent minors from receiving or accessing inappropriate content. WOW! 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, deems to be in violation of this Policy. For purposes of this Policy, "material" refers to all forms of
communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable
programs and scripts, video recordings, and audio recordings. WOW! may remove or block content contained on
your business’ Web Hosting Services and terminate its Web Hosting Services and/or your business’ use of the
Service if we determine that your business has violated the terms of this Policy.
EE. Customer must agree and adhere to the Digital Content License Agreement, which applies with respect to
WOW!’s provision in connection with the Services of certain objects including their API's as well as images,
photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic
documentation.
FF. WOW! provides the Service for use in your business. Because WOW! provides the systems to deliver the
Service to you, there are some things that your business can do using the Service that are directly attributable to
WOW! and affect its reputation. For example, if your business uses the Service to send spam (or what spam
reporting services or recipients classify as spam) or uses the Web Hosting Services for an improper purpose such as
phishing, these activities may affect WOW!’s reputation because of its ownership of the IP addresses associated
with the Service. These activities also violate this Policy. WOW! reserves the right to suspend or terminate Service
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accounts when your business’ use of the Service or any of its features, such as Web Hosting Services, negatively
impacts WOW!’s reputation as determined in its sole discretion. For example, any use of the Service or its features
that results in your business’ Service account, or any associated WOW! information, being listed on, for example,
spam reporting web sites such as Spamhaus, SBL, ROKSO, TrendMicro Maps, or SenderScore Blocklist, or antiphishing or anti-spyware services, may result in WOW! suspending or terminating your business’ Service account.
GG. Customer shall not use the Service to provide instructions to others with respect to any prohibited activities
described in this Policy, or to otherwise use the Service to facilitate a violation of this Policy, including advertising,
transmitting, or otherwise making available any software, program, product, or service that is designed to violate
this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial
of service attacks, and piracy of software.
HH. The Service shall not be used in any other manner, whether lawful or unlawful, that WOW! in its sole
discretion determines to be harmful to its customers, operations, network, system, services, reputation, goodwill or
customer relations.
C.
EMAIL RETENTION POLICY
1.
General Policy.
WOW! reserves the right to manage its network for the greatest benefit of the greatest number of subscribers
including, without limitation, the following: rate limiting, rejection or removal of "spam" or otherwise unsolicited
bulk email, anti-virus mechanisms, traffic prioritization, and protocol filtering. You expressly accept that such action
on the part of WOW! may affect the performance of the Service. WOW! reserves the right to enforce limits on
specific features of the Service including, without limitation, email storage (including deletion of dormant or
unchecked email).
Email
Email boxes
Number of boxes depends on customer package.
Size of mail boxes
1 GB per email mailbox
Dormant mailbox deleted (1) At 7 months (210 days)
Maximum attachment size Customers @sigecom.net or @wowway.biz: 25MB
Customers with own domain name: 50MB
Message rules
Action
Timing
Inbox
Read
Delete
Unread (2)
Drafts
Delete
Delete
Junk Folder
Trash
Sent
Sent that is on server
Delete
Delete
Leave message on server
Delete
Delete at time
deactivation
After 120 days
Delete at time
deactivation
After 14 days
After 14 days
On by default
Delete at time
deactivation
Rate limiting for webmail(3)
300 emails per day
6
of
account
of
account
of
account
Rate limiting for Outlook(3)
2000 emails per day
(1) Dormant Mailbox Deleted: When a user does not read or send an email message for at least 210 days their
mailbox is subject to deletion without notice. All associated content including but not limited to messages, calendar
items, and address book will also be subject to deletion. New messages sent to a dormant mailbox that has been
deleted will be returned as undeliverable.
(2) Unread Message Retention in Inbox: Messages that remain in the Inbox on the server, marked as unread, for
more than 120 days after receipt are subject to deletion without notice.
(3) These thresholds are guidelines only, and are subject to change by WOW! without notice.
2.
Policy Changes.
WOW! may revise, amend or restate this policy from time to time by posting a new version on the WOW! web site
at http://www.wowway.biz (or any successor url(s)). Revised, amended or restated policies are effective
immediately upon posting. Accordingly, customers and users of the WOW! Internet service should regularly visit
our web site and review this policy.
3.
Limitation of Liability.
Notwithstanding anything contained in this email retention policy (as it may be amended or restated from time to
time), WOW! and its suppliers reserve the right at all times to delete a customer’s email, files, or other information
that is stored on WOW!’s or its suppliers’ servers or systems. Customer understands and acknowledges that WOW!
shall have no liability whatsoever as a result of the loss or removal of any such email, files, or other information.
D.
DMCA POLICY AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
WOW! requires that all Customers and users of the Service comply with U.S. copyright and related laws. It is
WOW!’s policy in accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable laws
to reserve the right to terminate in appropriate circumstances the Service provided to any customer or user who is
either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who
WOW! believes in its sole discretion is infringing these rights. WOW! may terminate the Service at any time with or
without notice for any affected customer or user. These policies do not affect any other rights WOW! may have
under
law
or
contract.
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 DMCA to report alleged infringements. Pursuant to the DMCA, you may file
a Notification of claimed infringement with the Designated Agent of WOW! if you believe that your rights under
U.S. copyright law (See Title 17, United States Code, Section 512(c)(3)) have been violated. The DMCA provides
the following procedure for parties to follow who wish to file a Notification of claimed infringement with WOW!.
To serve a Notification on WOW!, send your Notification to:
Name of Designated Agent to Receive Notification: Dave Walden
Address to Which Notification Should be Sent: 1674 Frontenac Road, Naperville, Illinois 60563
Telephone Number of Designated Agent: 630-536-3100
Facsimile Number of Designated Agent: 630-536-3108
Email Address of Designated Agent: abuse@wideopenwest.com
Contents of Notification
In order to be effective under the DMCA, the Notification must (i) be in writing, and (ii) provided to the Designated
Agent of WOW!.
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In order for such a complaint to be effective under the DMCA, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single Notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service
provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an
address, telephone number, and if available, an electronic mail address at which the complaining party may be
contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information described in 1 through 6 above, WOW! will, in
accordance with applicable law:
1. Remove or disable access to the material that is alleged to be infringing; and
2. Take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.
Contents of Counter Notification
If a notice of copyright infringement has been filed against you, you may file a Counter Notification with WOW!’s
Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the
following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the
jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's
address is outside of the United States, for any judicial district in which the service provider may be found, and that
the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, WOW! will, in
accordance with applicable law:
1. Promptly provide the complaining party with a copy of the Counter Notification; and
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2. Replace the removed material or cease disabling access to the material within 10 to 14 business days following
receipt of the Counter Notification, unless WOW!’s Designated Agent first receives notice from the complaining
party that an action has been filed seeking a court order to restrain alleged infringing party from engaging in
infringing activity relating to the material on WOW!’s system or network.
NOTE: Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable
for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. See Title
17, United States Code, Section 512(d).
NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal
advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.
E.
LIMITATION OF LIABILITY AND INDEMNITY
(a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT
SHALL WOW!, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND
DISTRIBUTORS (COLLECTIVELY, THE "WOW! ENTITIES" AND EACH, A "WOW! ENTITY")
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM
OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF
ACTION AND EVEN IF ONE OR MORE OF THE WOW! ENTITIES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO
DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS,
INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY,
VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR
DATA OVER OR THROUGH WOW!'S SYSTEMS OR NETWORKS OR THE SYSTEMS OR
NETWORKS OF THIRD PARTIES.
(b) CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES
FROM ONE OR MORE OF THE WOW! ENTITIES. IN SUCH INSTANCE, THE AGGREGATE
LIABILITY OF THE WOW! ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A)
THE AMOUNT ACTUALLY PAID TO WOW! BY YOU UNDER THIS AGREEMENT DURING
THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM
ACCRUED OR (B) THE SUM OF FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY
WOW! HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON VARIOUS
FACTORS INLCUDING THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY
RELEASE THE WOW! ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND
CLAIMS IN EXCESS OF THE LIMITATIONS STATED IN THIS PARAGRAPH.
(c) YOU HEREBY ACKNOWLEDGE AND AGREE THAT WOW! AND ITS SUPPLIERS WILL NOT
BE LIABLE FOR ANY DELAY, OUTAGES OR INTERRUPTIONS OF THE SERVICES.
FURTHER, WOW! SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM
ITS OBLIGATIONS UNDER THIS AGREEMENT, WHERE SUCH DELAY OR FAILURE
RESULTS FROM ANY ACT OF GOD OR OTHER CAUSE BEYOND ITS REASONABLE
CONTROL (INCLUDING, WITHOUT LIMITATION, ANY MECHANICAL, ELECTRICAL,
ELECTRONIC, COMMUNICATIONS OR THIRD-PARTY SUPPLIER FAILURE).
(d) YOU HEREBY RELEASE AND HOLD HARMLESS, AND AGREE TO INDEMNIFY, THE
WOW! ENTITIES AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, SUITS,
LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER
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LITIGATION EXPENSES) INCURRED BY THE WOW! ENTITIES, ARISING OUT OF OR
RELATING TO (A) YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION,
REPRESENTATION OR WARRANTY OF THIS AGREEMENT, OR ANY APPLICABLE POLICY
OR GUIDELINE; (B) YOUR USE THE SERVICES; OR (C) YOUR VIOLATION, ALLEGED
VIOLATION, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT
(INCLUDING, WITHOUT LIMITATION, TRADEMARK, COPYRIGHT, PATENT, TRADE
SECRETS) OR NON-PROPRIETARY RIGHT OF A THIRD PARTY (INCLUDING, WITHOUT
LIMITATION, DEFAMATION, LIBEL, VIOLATION OF PRIVACY OR PUBLICITY).
(e) You are hereby notified that the WOW! Entities are intended third-party beneficiaries of this
Agreement, with a right of enforcement of the exclusions and limitations of liability and the
indemnities contained in this Agreement.
F.
DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WOW!
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. Although WOW! will use commercially reasonable measures to maintain
the security of the Services, WOW! assumes no responsibility for the effectiveness of these security
measures provided by WOW!.
G.
CONSEQUENCES FOR ENGAGING IN PROHIBITED CONDUCT AND OTHER POLICY
VIOLATIONS.
In the event that you or any user of your account engage in any of the activities above or otherwise use the Service
in a way that WOW!, in its sole discretion, believes violates WOW!’s Acceptable Use or other policies, WOW!
may: (i) take any responsive actions that it deems appropriate, including temporary or permanent removal of
content, temporary or permanent blocking of websites, and/or the immediate suspension or termination of all or any
portion of the Services, and (ii) recover costs and expenses from you for any harm caused to WOW! or its suppliers.
WOW! and its agents and suppliers will have no liability for any these responsive actions. IN THESE CASES,
TERMINATION OR OTHER CHARGES MAY APPLY, AS MORE PARTICULALRY DESCRIBED IN THE
BUSINESS CUSTOMER AGREEMENT.
WOW! further reserves the right to investigate suspected violations of its policies. Customer expressly authorizes
WOW! to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii)
system administrators at other Internet service providers or other network or computing facilities in order to enforce
this policy. This cooperation may include: (i) WOW! providing available personally identifiable information about
Customer to law enforcement or system administrators, including, but not limited to, user name, subscriber name,
and other account information; and (ii) temporary or permanent blocking of certain websites. Upon termination of
Customer’s account, WOW! is authorized to delete any files, programs, data and e-mail messages associated with
Customer’s account.
The failure of WOW! or its suppliers to enforce its policies, for whatever reason, shall not be construed as a waiver
of any right to do so at any time. Customer agrees that if any portion of a WOW! policy (including the Acceptable
Use Policy, Email Retention Policy and/or DMCA 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.
H.
MODIFICATION OF POLICIES.
CUSTOMER AGREES AND ACKNOWLEDGES THAT WOW! MAY FROM TIME TO TIME AMEND,
REVISE OR RESTATE THIS AGREEMENT AND/OR ANY OTHER POLICIES THAT APPLY TO ITS
SERVICES.
CUSTOMER SHALL BE NOTIFIED OF ANY AMENDMENTS, REVISIONS OR
RESTATEMENTS THROUGH ELECTRONIC, WRITTEN OR OTHER MEANS. FOR EXAMPLE, WE MAY
NOTIFY YOU OF SUCH CHANGES BY U.S. OR OVERNIGHT MAIL, BY HAND DELIVERY (E.G., AT THE
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TIME OF INSTALLATION OF SERVICE), BY SENDING YOU AN EMAIL OR BY POSTING THE CHANGE
ON OUR WEBSITE AT HTTP://WWW.WOWWAY.BIZ/ (OR AN ALTERNATIVE SITE AS DESIGNATED BY
WOW!). YOU AGREE THAT ANY ONE OF THE FORGOING MEANS OF NOTIFICATION IS
SUFFICIENT. ANY AMENDMENT, REVISION OR RESTATEMENT OF THIS AGREEMENT SHALL BE
EFFECTIVE IMMEDIATELY UPON THE GIVING OF SUCH NOTICE. CUSTOMER’S CONTINUED
ACCESS TO OR USE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE
AMENDED, REVISED OR RESTATED AGREEMENT AND ITS TERMS AND CONDITIONS. BECAUSE WE
MAY FROM TIME TO TIME USE THE METHODS DESCRIBED ABOVE TO NOTIFY YOU ABOUT
IMPORTANT INFORMATION REGARDING THIS AGREEMENT AND OUR POLCIES, SERVICES AND
RELATED MATTERS, YOU AGREE TO REGULARLY CHECK YOUR POSTAL MAIL, E-MAIL, AND ALL
POSTINGS ON OUR WEBSITE AT WWW.WOWWAY.BIZ (OR AT AN ALTERNATIVE SITE AS
DESIGNATED BY WOW!). YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU BEAR THE RISK OF
FAILING TO DO SO.
REVISED AND EFFECTIVE: NOVEMBER 1, 2011
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