Acceptable Use Policy

(Updated October 22, 2018)

TDS BROADBAND SERVICE LLC (“TDS”) HAS ADOPTED THIS ACCEPTABLE USE POLICY (“POLICY”) APPLICABLE TO ALL USERS OF TDS’S HIGH SPEED INTERNET, EMAIL AND WEB BASED SERVICES (“USERS” OR “SUBSCRIBERS’). THIS ACCEPTABLE USE POLICY IS INTENDED TO ADVANCE TDS’S GOAL OF PROVIDING RELIABLE AND HIGH QUALITY SERVICE TO ITS SUBSCRIBERS.

1. APPLICABILITY

THIS DOCUMENT IS AN AGREEMENT THAT GOVERNS THE USE OF SERVICES PROVIDED BY TDS. BY SUBSCRIBING TO THE INTERNET SERVICE, YOU, THE SUBSCRIBER, AGREE TO THE TERMS OF THIS ACCEPTABLE USE POLICY. YOU ARE RESPONSIBLE FOR ANY VIOLATION OF THIS ACCEPTABLE USE POLICY OR MISUSE OF THE SERVICE THROUGH THE USE OF YOUR ACCOUNT, EVEN IF THE MISUSE WAS CONDUCTED BY A THIRD PARTY OR OTHER END USER WITH ACCESS TO YOUR ACCOUNT. IT IS YOUR RESPONSIBILITY TO SECURE YOUR COMPUTER(S), NETWORK AND/OR ANY DEVICE CONNECTED TO THE SERVICE SO THAT SUCH MISUSE IS PREVENTED.

2. REVISIONS TO POLICY

TDS MAY REVISE THIS ACCEPTABLE USE POLICY FROM TIME TO TIME BY POSTING SUCH REVISION ON WWW.HELLOTDS.COM OR ANY SUCCESSOR URL. ANY REVISION OF THIS ACCEPTABLE USE POLICY IS EFFECTIVE IMMEDIATELY UPON SUCH POSTING. AS SUCH, YOU SHOULD REGULARLY VISIT WWW.HELLOTDS.COM AND REVIEW THE POSTED ACCEPTABLE USE POLICY. IN THE EVENT OF A CONFLICT BETWEEN ANY SUBSCRIBER OR CUSTOMER AGREEMENT AND THIS ACCEPTABLE USE POLICY, THE TERMS OF THIS ACCEPTABLE USE POLICY WILL GOVERN.

3. VIOLATIONS

TDS RESERVES THE RIGHT TO INVESTIGATE VIOLATIONS OF THIS POLICY, INCLUDING THE GATHERING OF INFORMATION FROM THE SUBSCRIBER OR OTHER USERS INVOLVED AND THE COMPLAINING PARTY, IF ANY, AND THE EXAMINATION OF MATERIAL ON TDS'S SERVERS AND NETWORK. TDS PREFERS TO ADVISE USERS OF POLICY VIOLATIONS AND ANY NECESSARY CORRECTIVE ACTION BUT, IF TDS, IN ITS SOLE DISCRETION, DETERMINES THAT A USER HAS VIOLATED THE POLICY, TDS WILL TAKE ANY RESPONSIVE ACTION THAT IS DEEMED APPROPRIATE WITHOUT PRIOR NOTIFICATION, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, A WARNING, SUSPENSION OF PRIVILEGES OR TERMINATION OF YOUR SERVICES. TDS RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT NOTICE AT TDS’S SOLE DISCRETION IF YOU OR OTHERS WHO USE YOUR ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. TDS ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION FROM TDS’S WEBSITES THAT VIOLATE THIS POLICY FOR ANY REASON WHATSOEVER AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE. TDS MAY REFER POTENTIAL VIOLATIONS OF LAWS TO THE PROPER AUTHORITIES, MAY COOPERATE IN THE INVESTIGATION OF ANY SUSPECTED CRIMINAL OR CIVIL WRONG, AND WILL COOPERATE WITH AUTHORITIES WHEN REQUIRED TO DO SO BY LAW, SUBPOENA, OR WHEN THE PUBLIC SAFETY IS AT STAKE. TDS ASSUMES NO OBLIGATION TO INFORM YOU THAT YOUR INFORMATION HAS BEEN PROVIDED TO LAW ENFORCEMENT AUTHORITIES AND, IN SOME CASES, MAY BE PROHIBITED BY LAW FROM PROVIDING SUCH NOTICE. TDS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY NATURE SUFFERED BY YOU OR ANY OTHER CUSTOMER, USER, OR THIRD PARTY RESULTING IN WHOLE OR IN PART FROM TDS’S EXERCISE OF ITS RIGHTS UNDER THIS POLICY.

4. BUSINESS RELATED USE

If you are a commercial subscriber of TDS, you must notify TDS if you connect an email server to your Internet Service, and the email server must be connected via a static IP. The remaining content of this paragraph 4 shall not apply to commercial subscribers, except to the extent that your subscription expressly addresses such use.

The remaining content of this paragraph 4 is applicable to the Internet Service provided for personal and family use within a single residential household. You agree that you will not use, nor allow others to use, the Internet Service to operate any type of business or commercial enterprise or to use the Internet Service as an Internet service provider. You may set up one (1) Web page per internet service account for personal use using the Internet Service, but you may not establish a web page using a server located at your home. You agree that you will not use, nor allow others to use, your home computer as a Web Server, FTP Server, file server email server or game server or to run any other server applications. You will not resell or redistribute, or allow others to resell or redistribute, access to the Internet Service in any manner, including by wireless means. It is strongly recommended that any wireless devices behind your cable modem or cable router be encrypted for use only within your single residential household.

5. NO ILLEGAL ACTIVITY/TORTIOUS CONDUCT OR FRAUDULENT USE

The Service may be used only for lawful purposes. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. Any activity or use of the Service that violates system or network security or integrity are prohibited and may result in criminal and civil liability.

Violations under this section (which may be addressed in more detail in other sections of this Policy) include, without limitation, the following:

• Transmitting or distributing material protected by copyright, trademark, trade secret, or other intellectual property rights used without proper authorization.
• Transmitting or distributing material that is obscene, illegal, defamatory, libelous, fraudulent, deceptive, indecent, constitutes an illegal threat, or violates export control laws. For example, exporting encryption software over the internet or otherwise, to points outside the United States, is prohibited.
• Using the Service to impersonate a person or entity.
• Intentionally spreading viruses.
• Using the Service for unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
• Using the Service for unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
• Interfering with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
• Forging the header of any transmitted information packet, email, or Usenet posting.
• Modifying or tampering with any hardware, software, or configuration provided by TDS including but not limited to: routers, switches, and cable modem configuration files.
• Reselling or otherwise redistributing the Service.
• Disrupting any aspect of the Service through any means.
• Assuming or assigning a TDS IP address that was not allocated to the user by TDS or its network.
• Using the Service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool).
• Using the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user.
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and/or harvesting).
• Engaging in the transmission of pirated software.
• Conducting or participating in illegal gambling or soliciting of illegal pyramid schemes.
• Threatening, harassing, abusing, or intimidating others.

6. NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

TDS respects the intellectual property rights of others and expects You to do the same. It is a violation of this Policy to use the Internet Service to unlawfully transmit or store copyrighted material. This includes, but is not limited to digitized music, movies, books, photographs, art or other copyrighted materials or software. If TDS has a reasonable belief, in its sole judgment, that You have violated this Policy, TDS may take any action it deems appropriate, which may include, without limitation, notifying You of a suspected violation, suspending your services or terminating your services. These actions are in addition to and do not affect or modify any other rights that TDS may have under law or contract.

7. NO THREATS OR HARASSMENT

You agree that you will not use, nor allow others to use, the Internet Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

8. NO HARM TO AND PROTECTION OF MINORS

You agree that you will not use, nor allow others to use, the Internet Service to harm or attempt to harm a minor, including but not limited to using the Internet Service to send pornographic, obscene or profane materials, or violating the Children’s Online Privacy Protection Act.

9. NO “SPAMMING"

You agree that you will not use, nor allow others to use, the Internet Service to send materials in a manner inconsistent with federal and state laws, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037). Violation of these laws is a violation of this Policy, and TDS reserves the right to seek damages and other available relief from you and/or any third party, as applicable. These materials include without limitation mass or bulk e-mail, numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content. We reserve the right, in our sole discretion, (a) to determine whether such postings or transmissions constitute an advertisement, promotional material or any other form of solicitation in violation of such laws, and (b) to route all outbound consumer email through TDS’s designated servers to limit potential SPAM generated by virus infected computers. These actions allow TDS to be recognized as a responsible provider of email services to the Internet Service Provider community.

10. NO “HACKING"

You agree that you will not use, nor allow others to use, the Internet Service to access the accounts of others or to attempt to penetrate security measures of the Internet Service or access any other person's computer or computer system, software, or data without their knowledge and consent (“hacking”) or to cause a disruption of service to other on-line users. You agree that you will not use, nor allow others to use, tools designed for compromising network security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

11. NO SYSTEM DISRUPTION

You agree that you will not use, nor allow others to use, the Internet Service to disrupt TDS’s network or computer equipment owned by other TDS customers. You also agree that you will not use, nor allow others to use, the Internet Service to disrupt other Internet service providers or services, including but not limited to by e-mail bombing or the use of mass mailing programs.

12. NO IMPERSONATION OR FORGERY

You agree that you will not, nor allow others to, 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. You agree that you will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Internet Service.

13. NO ABUSE OF NEWSGROUPS OR INTERNET CHAT ROOMS

Users may not SPAM newsgroups or chat rooms and must comply with the written charters, FAQs, rules, or terms of service for those forums the user chooses to participate. Users are responsible for determining the policies of a given group/room before posting to it. Additionally, Users are not permitted to:

• Cross-post the same or substantially similar message excessively
• Post binary files to non-binary groups
• Flood or disrupt a group

14. NO EXCESSIVE BANDWIDTH USAGE

TDS reserves the right to impose limits on TDS internet customers with Excessive Bandwidth Usage, via any means available to TDS. Excessive Bandwidth Usage, as defined by TDS, is usage that places an excessive burden on the TDS network, is above and beyond what is considered normal usage, and/or usage that can impair the TDS network or TDS’ ability to provide service to other TDS customers. You acknowledge that each level of TDS's High Speed Internet Service has limits on the maximum speed at which you may send and receive data at any time, as set forth in the price list or either the Terms of Service or the Commercial Service Agreement, whichever is applicable (the "Service Agreement"). You understand that the actual speeds you may experience at any time will vary based on a number of factors, including, but not limited to, the capabilities of your equipment, Internet congestion, technical properties of the websites, content and applications that you access. TDS may take such steps as it determines appropriate consistent with its Broadband Internet Service Disclosure in the event your usage of the Internet Service does not comply with the package of service you selected or the Service Agreement. Additionally, TDS may use tools and techniques as it determines appropriate in order to efficiently manage its network and to help provide a quality user experience for its subscribers.

15. NO “VIRUSES”

You agree that you will not use, nor allow others to use, the Internet Service to restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Internet Service or the Internet, regardless of intent, purpose or knowledge, including, without limitation, by posting or transmitting any information or software which contain computer “viruses,” worms, “Trojan horses” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses.

16. EMAIL ACCESS & DELIVERY

TDS is not responsible for deleting or forwarding any e-mail sent to the wrong e- mail address by you or by someone else trying to send e-mail to you. TDS is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at TDS's sole discretion. In the event that TDS believes in its sole discretion that any e-mail address on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, TDS reserves the right to block access to and prevent the use of any of the email address. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted in accordance with our storage policies.  Upon any such termination, you will no longer have access to your e-mail or mailbox.

17. TDS MONITORING

TDS may not, as an ordinary practice, proactively or routinely monitor the activity of your Internet Service account for violations of this Acceptable Use Policy and/or the law, though it reserves the right to do so. If TDS is alerted to violations or potential violations of this Policy, however, TDS will take whatever measures it deems necessary and appropriate to stop or prevent those violations. TDS’s failure to enforce this Acceptable Use Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that any portion of this Acceptable Use Policy held invalid or unenforceable will as much as possible be construed consistent with the intent and applicable law; the remaining portions of this Acceptable Use Policy will remain in full force and effect. TDS reserves the right at any time to monitor bandwidth, usage, transmissions, and/or content on the Internet Service from time to time; to seek or identify violations of this Policy; and/or to protect the network, the Internet Service and TDS users.

18. USER RESPONSIBILITY

You are responsible for following the Policy. You are also responsible for the actions of others who may use your account. Users are solely responsible for the security and misuse of any device that is connected to the Service, regardless of whether the misuse was committed by the User or a third party with access to the User's Service account. TDS recommends that Users implement appropriate measures to secure their systems and these measures may include installation of firewalls, antivirus protection with regular updates, regularly checking for and applying security patches for software and operating systems, and general security conscience use of the Service. Further, the speed at which a User connects to the Internet is dependent upon many factors, including a User's hardware and software and the activities in which the user is engaging. TDS does not guarantee or warrant any particular speed of Internet connection.

19. CONTACT INFORMATION

Contact information for Notices. Unless otherwise agreed in writing signed by TDS and you, any notification that TDS sends to you pursuant to this Policy may be in writing to your address of record, or via Email to the Email address on file with TDS. Notification of changes to this Policy may be made at any time by posting a revised Policy on TDS’s website. You must respond in a timely manner to complaints concerning misuse of the Services obtained from TDS. Failure to responsibly manage the use of the services obtained from TDS may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your services, could lead to the imposition of early termination fees.

Contact for Reporting Abuse. Any party seeking to report a violation of this Policy may contact TDS via Email at abuseclaims@tdstelecom.com

Agent for Digital Millennium Copyright Act. Notices and counternotices related to claimed copyright infringements should be directed to the following designated agent by mail or email:

Name: Designated Copyright Agent
Company: TDS Broadband Service LLC
Address: 525 Junction Road, Madison, WI 53717, Attn: Legal Department 
Email: copyrightagent@tds.net