This Acceptable Use Policy (“AUP”) defines acceptable practices relating to the use of OntarioNet’s services by OntarioNet Customers and other users (collectively, “Users”). For purposes of this AUP, OntarioNet’s services means any and all services offered by OntarioNet to its customers (“Services”). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement(s) with OntarioNet and OntarioNet policies. By using the Services, Users consent to be bound by the terms of this AUP.
1. PROHIBITED CONDUCT
A. General. Users will not use the Services to transmit, distribute or store material in a manner that: (a) violates any applicable local, state, federal or international law, order or regulation; (b) may adversely affect the Services or Users; (c) may expose OntarioNet to criminal or civil liability or (d) violate, infringe upon or otherwise misappropriate any third party rights, including intellectual property rights, rights of publicity and privacy rights. Users are prohibited from facilitating the violation of any part of this AUP or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP. OntarioNet may immediately and without prior notice, disconnect the Services and close the account if the User violates this AUP.
B. Inappropriate Content. Users will not use the Services to transmit, distribute or store material that OntarioNet reasonably determines is inappropriate, obscene, indecent, defamatory, libelous, tortious, threatening, abusive, hateful, or excessively violent. Users will also not use the Services to host terrorist-related websites, or sites that advocate human violence and hate crimes. A hate crime is a crime against a person, group, or property motivated by the victim's real or perceived protected social group. You may be committing a hate crime if you targeted someone because of their actual or perceived: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation, and (7) association with a person or group with one or more of these actual or perceived characteristics. Users are solely responsible for any and all information that is accessed using the Services. If minors will have access to the Services, we recommend using an Internet content filter and/or parental controls; but in any event, OntarioNet, is not responsible for content accessed by Users including minors whether or not the User chooses to filter or control content for a minor/child.
C. Intellectual Property. Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users will not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If a domain name is used with any of the Services, it may not be used in violation of the trademark, service mark, or other intellectual property rights of any third party.
D. Harmful Content. Users will not use the Services to transmit, distribute or store material that may be harmful to or interfere with the Services or any third parties’ networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, root kits, password crackers, adware, and key stroke capture programs.
E. Fraudulent/Misleading Content. Users will not use the Services to transmit or distribute material containing fraudulent offers for goods or services, Ponzi schemes, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards, as well as, taking part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature or engaging in phishing activities.
F. Email and Unsolicited Messages. Users will not use the Services to (i) transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints, (ii) send e-mail messages which are excessive and/or intended to harass or annoy others ("Spam") and (iii) send messages on behalf of persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org. Further, Users are prohibited from using the service of another provider to send Spam to promote a site hosted on or connected to the Services. In addition, Users will not use the Services to (a) continue to send e-mail messages to a recipient that has indicated that they do not wish to receive them, (b) send e-mail with forged TCP/IP packet header information, (c) send malicious e-mail, including, without limitation, "mail-bombing", (d) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (e) use an e-mail box exclusively as a storage space for data.
G. Third Party Rules; Usenet. Users will not use the Services in violation of the rules, guidelines or agreements associated with search engines, subscription Web services, chat areas, bulletin boards, Websites, Usenet, or other services accessed via the Services.
H. Inappropriate Actions. Users will not use the Services to conduct activities that may be harmful to or interfere with the Services, a User’s terminal session or any third parties' networks, systems, services, or websites. Users will not engage in any activities designed to harass, or that will preclude or interfere with the use of the Services (e.g., synchronized number sequence attacks or robocalling) by any other User on OntarioNet network or on another provider’s network or the Internet. In addition, Users will not use the Services to access User’s account or the Services after User has terminated User’s account..
I. Illegal Activities. User will not use the Services in a manner that constitutes illegal activities, including but not limited to, death threats, terroristic threats, threats of harm to another individual, invasion of privacy, drug trafficking, human trafficking, racketeering, defamation, slander, child pornography and violations of the Child Protection Act of 1984, or any other applicable law.
J. Security Breaches and Obligations. Users are prohibited from violating or attempting to violate the security of the Services or the computers, accounts, systems, or networks of another party, including but not limited to, circumventing the user authentication or security of any host, network or account. Users will not use the Services to cause security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data, accounts or systems without authorization or logging into a server or account that the User is not expressly authorized to access and denial of service attacks. Users are also prohibited from running any program which makes a Services or resource available to non-subscribed parties, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file services, and IRC bots. Disruptions include port scans, flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information. In the event OntarioNet offers Software to its Customers, Customers must use reasonable care in keeping their software on OntarioNet’s servers up-to-date and patched with the latest security updates.
2. RIGHTS OF ONTARIONET
A. OntarioNet may suspend or terminate the Services of any OntarioNet customer which OntarioNet believes has violated any element of this AUP or whose Services were used to violate the AUP by a User. OntarioNet will suspend the Services of the OntarioNet customer for violation of the AUP on the most limited basis as OntarioNet determines is reasonably practical under the circumstances to address the underlying violation. OntarioNet will attempt to notify the OntarioNet customer via email or other method prior to suspending the Services for violation of the AUP; provided, however, OntarioNet may suspend the Services without notice if OntarioNet becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP that exposes OntarioNet to criminal or civil liability or that exposes OntarioNet network or other users of OntarioNet’s network or property to harm. Such harm to a network may include, but is not limited to, risk of having an IP address placed on blacklists. OntarioNet may take such further action as OntarioNet determines to be appropriate under the circumstances to eliminate or preclude repeat violations.
B. OntarioNet reserves the right to install and use, or to have Users install and use, any appropriate devices to prevent AUP violations.
C. OntarioNet reserves the right to cooperate with legal authorities and third parties in the investigation of any alleged wrongdoing violating this AUP, including the disclosure of the identity of the User that OntarioNet suspects is responsible for the wrongdoing. OntarioNet will not be liable for any damages of any nature suffered by any User, or any third party resulting in whole or in part from OntarioNet's exercise of its rights under this AUP.
D. In most cases, OntarioNet will notify the OntarioNet Customer of complaints received by OntarioNet regarding an alleged violation of this AUP by any Users of that Customer’s Services. If notified, OntarioNet Customer agrees to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP within twenty-four (24) hours of receiving a violation notification. If you are an OntarioNet Commercial Customer, OntarioNet may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. .
3. ONTARIONET DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
A. The Digital Millennium Copyright Act (DMCA) provides copyright owners with a process for notifying service providers that store or host customer content (like websites and hosting services) of alleged copyright infringements made by their users. OntarioNet complies with the DMCA by providing a method to make complaints of violation and notifying OntarioNet customers of claimed infringement.
B. DMCA Notice. All claims alleging copyright infringement for material that the copyright owner, or person authorized to act on its behalf, determines to be residing on OntarioNet's system or network should be promptly sent in the form of written notice to OntarioNet’s designated agent:
City of Ontario
c/o OntarioNet
Attn: Broadband General Manager
303 E. B Street
Ontario, Ca. 91764
909.395.2033
Valid DMCA notifications must include all of the following elements:
Signature of copyright owner or person authorized to act on behalf of the owner;
Identification of copyrighted work claimed to be infringed;
Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
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 the exclusive right allegedly being infringed.
Upon receipt of a valid DMCA notice for copyrighted material residing on OntarioNet's system or network, OntarioNet will remove or disable access to such allegedly infringing material. Copyright owners should know that in some cases Users of our offerings may be unregistered and anonymous, such as visitors to a website. In those cases, our ability to process and act on a DMCA notification may be limited or unavailable.
Note: The DMCA contemplates that those who send notices will act in good faith (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
C. Repeat Infringer Policy. OntarioNet places accounts of Customers for whom we receive multiple DMCA notifications of alleged infringement into a multiple-step DMCA Repeat Infringer Policy. Upon receipt of repeated DMCA notifications (i.e. more than one notification in any 30-day period), the Customer Account will progress from one policy step to the next one.
Actions that OntarioNet may take under this repeat infringer policy include sending alerts of increased visibility to the Account’s customer of record. In order to acknowledge these alerts, we may require the Customer to log in to the Account or call our support team. We also reserve the right to suspend or terminate, as well as apply other interim measures to, the Internet Service of any Customer for whom we have continued to receive DMCA notifications of alleged infringement even after we have sent repeat infringer alerts. In addition, we may terminate in our sole discretion other OntarioNet Services provided to these Customers when we terminate the Internet Service under this policy.
D. DMCA & Customer Privacy. As an Internet service provider, OntarioNet will typically receive notifications of alleged infringement from content owners that include a non-personally identifying set of numbers (known as an Internet protocol or IP address). This IP address is visible to third parties on the Internet and is associated with activity that the copyright owner alleges is infringing. If we can match the IP address on the date and time listed in the content owner's notification with our records, then we may generate a DMCA notification to our Customer whose account was assigned that IP address, as well as a repeat infringer alert (if applicable). We do not disclose any information about a customer's identity to content owners under the DMCA (unless there is a valid court order requiring us or one of our affiliates to do so).
E. Counter-Notifications. If a DMCA Notice has been wrongly filed against you, you may submit a counter-notification to OntarioNet’s designated agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
A physical or electronic signature;
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;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid DMCA counter-notification, OntarioNet will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify OntarioNet that it has filed a lawsuit relating to the allegedly infringing material otherwise OntarioNet will restore the removed material or cease disabling access to it.
F. Conduit Notices. A conduit notice is a notice of alleged copyright infringement received in circumstances where OntarioNet acts only as a conduit used by a Customer to facilitate alleged infringement, as in the case of peer-to-peer (“P2P”) and other file sharing activities on an end user's computer. When OntarioNet receives a conduit notice, OntarioNet cannot remove or disable the allegedly infringing material because that material does not reside on OntarioNet’s system or network. See 17 U.S.C. §§ 12(a); 512(c)(3)(A)(iii). We do not review, process, or otherwise take action on conduit notices sent to our DMCA designated agent. To address allegations of P2P and similar activities that are alleged to occur over conduit facilities OntarioNet offers copyright owners, please email careteam@ontarionet.com.
4. AUP VIOLATION REPORTING
A. OntarioNet requests that anyone who believes that there is a violation of this AUP direct the information to us at: abuse@ontarionet.com.
B. If available, please provide the following information in your email report: (a) IP address used to commit the alleged violation; and (b) Evidence of the alleged violation.
5. NO REMEDY LIMITATION AND DISCLAIMER
THIS AUP IN NO WAY LIMITS THE RIGHTS AND REMEDIES OF ONTARIONET. FURTHER, ONTARIONET IS UNDER NO DUTY, AND DOES NOT BY THIS AUP UNDERTAKE A DUTY, TO MONITOR OR POLICE ITS CUSTOMERS OR CUSTOMERS’ ACTIVITIES, AND DISCLAIMS ANY RESPONSIBILITY FOR ANY MISUSE OF, BY SUCH CUSTOMERS OR USERS.
6. POLICY MODIFICATIONS
We reserve the right, at our sole discretion, to update, amend or revise this AUP at our discretion at any time. Such modifications will be effective upon posting at www.ontarionet.com. Please check back periodically to review any changes to this AUP. Your ongoing use of the Services after any amendments to this AUP means you accept the changes.
7. CONTACT INFORMATION
Should you have any questions regarding OntarioNet’s AUP, please contact: careteam@ontarionet.com.
ONTARIONET RESIDENTIAL
ACCEPTABLE USE POLICY
VERSION 01/23/2025