This Acceptable Use Policy (“AUP”) applies to all Hospitality Network, LLC (“Hospitality”) provided Internet-related services, including without limitation services provided through WiFi (“Service” or “Services”). Use of any of the Services shall at all times be subject to the terms and conditions of this AUP. This AUP is incorporated into any applicable agreement between Hospitality and Customer that states the AUP applies, including without limitation any applicable Hospitality Network Agreement or Internet Terms of Service (each an “Applicable Agreement”). The AUP may be amended by Hospitality from time to time and the current version will appear on the Acceptable Use Policy page on coxhn.com. Customer’s continued use of the Services following an amendment shall constitute acceptance.
In the event of a conflict between an Applicable Agreement and this AUP, the terms of this AUP will govern. Questions regarding this AUP and complaints of violations of this AUP can be directed to https://www.cox.com/copyright
- General Information on Use of the Services
- Illegal or Infringing Activity. Customer shall not:
Repeated violations of this policy may result in suspension or termination of Service. In the event of service termination, any broadband-dependent services, including security systems, may no longer function or transmit alarm signals.
- Use the Services for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order or regulation, or to engage in tortious conduct.
- Use the Services to harm or attempt to harm a minor, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography.
- Conduct, participate in, or otherwise facilitate, pyramid or other illegal soliciting schemes.
- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
- Invade another person's privacy, stalk, harass, or otherwise violate the rights of others.
- Post, transmit, or distribute content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, or is otherwise offensive or objectionable in Hospitality’s sole discretion.
- Modify any cable modem connected to the Hospitality network, regardless of whether the modem is owned by Customer or leased from Hospitality, in order to commit theft of the Service, fraudulently use the Service or provide the Service to a third party. Hospitality may work with law enforcement if any such theft or fraud occurs.
- Use the Services in a manner that infringes on the copyright, trademark, moral rights, patent, rights of privacy, rights of publicity or any other intellectual property right of any third party. Hospitality assumes no responsibility, and Customer assumes all risk regarding the determination of whether material is in the public domain, or may otherwise be used by Customer or any end users of the Services for any purpose. In the event Hospitality receives a claim of infringement from a copyright owner, Hospitality may forward one or more such notices directly to you. Hospitality may suspend and, in appropriate circumstances, terminate any Customer who is a repeat copyright infringer. For more information regarding Hospitality’s policies and procedures addressing copyright infringement, please visit https://www.cox.com/aboutus/policies/procedure-for-making-copyright-infringement-claim.html (copyright holders) and https://www.cox.com/aboutus/policies/copyright.html (recipients of complaints).
- Spamming/Unsolicited Email. Sending unsolicited email messages, including, without limitation, commercial advertising and informational email is prohibited. Unsolicited advertisements or solicitations sent from other networks which reference email accounts or websites hosted at Hospitality shall be treated as if they originated from the account referenced. Customer shall not:
Hospitality uses several spam reporting services to identify unsolicited email messages and senders. Listing by one or more of these services may result in suspension of Service to Customer. Each case will be individually investigated by Hospitality. Hospitality may condition reconnection of Services upon removal of the listing from the spam reporting service.
- use the Hospitality Service as an emaildrop for responses from unsolicited email;
- falsify end-user information, including forging, altering or removing email headers; or
- reference Hospitality or any related entity (e.g. by including “Organization: Hospitality Network” or “Hospitality” in the header or by listing an IP address that belongs to Hospitality or any related entity) in any unsolicited email even if that email is not sent through the Hospitality network.
- use another site’s email server to relay email without the express permission of the owners of such site.
- Harvesting/Spidering/Spyware. The collection of email addresses, screen names, or identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or the use of software (including “spyware”) designed to facilitate this activity, or use of a list obtained from such means is not allowed. An end-user suspected or found harvesting email addresses may be blocked from sending email until Hospitality is satisfied that the activity has stopped.
- Network Management. Hospitality is committed to the ongoing management of its network to improve its service offerings, protect Customers, and create new Services and feature enhancements for its Customers. Unless requested by Customer, Hospitality does not shape or throttle Internet traffic based on the particular online content, protocols or applications a Customer uses. Hospitality uses multiple measures to ensure the best overall experience, including, without limitation: rate limiting of email (as set forth in our email policies), email storage limits (including deletion of dormant or unchecked email), and rejection or removal of “spam” or otherwise unsolicited bulk email. Hospitality also employs other means to protect Customers, children, and its network, including blocking access to child pornography (based upon lists of sites provided by a third party and an international police agency), and security measures (including identification and blocking of botnets, viruses, phishing sites, malware, and certain ports as set forth below). Hospitality may take any appropriate measures, whether or not they are described above, in response to extraordinary levels of usage, denial of service attacks, or other exigent circumstances that have a significant effect on our Customers’ ability to use Services or Hospitality’s ability to provide the Services. Although Hospitality has no obligation to monitor Services provided and/or the network, Hospitality and its various affiliates reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this AUP; and/or to protect the network and Hospitality customers. Transmission speed of the Service may vary with the number of end-users using the Services. Customer shall not remove Hospitality owned and managed equipment from Customer’s premises without prior written permission from Hospitality.
- Customer Responsibility for End Users. All references to “Customer” in this AUP shall apply to any end-user of the Service(s). If Customer allows others to use the Services, Customer is responsible for ensuring that all such end-users comply with this AUP. Customer is responsible for ensuring that all accounts, sub-accounts, and alternative account names associated with Customer’s principal account comply with this AUP. In the event of a suspected violation of this AUP, Customer will cooperate with Hospitality and will promptly provide Hospitality with information about Customer’s end-users upon request from Hospitality. Hospitality may suspend or terminate Services to Customer (including Customer’s end-users) if Hospitality determines or receives a complaint that an end-user has violated or is violating this AUP.
- Resale and Redistribution of Services.
- The Services are provided to an individual person or company pursuant to the Applicable Agreement and such use is subject to the Applicable Agreement and this AUP. It is a violation of this AUP to provide Services to any third parties not named, described or authorized in the Applicable Agreement without prior written permission from Hospitality. This includes, but is not limited to, the sharing of bandwidth or services through wireless access points or wired links. Notwithstanding the foregoing, educational institutions, hotels, and military barracks may resell or redistribute Hospitality Service to its residents or guests located on their property subject to the terms and conditions set forth in this Section 6.
- Approved Resale. If Customer has been authorized in writing by Hospitality to resell the Services, the following provisions apply:
Customer agrees that:
- any resale of the Services shall not relieve Customer of its payment obligations under the Applicable Agreement with Hospitality;
- Customer shall be solely responsible for managing end-user trouble reports and providing all support to its end-users using the Services, and Customer shall not have its end-users contact Hospitality directly in the event that technical support is needed except as otherwise provided in the Applicable Agreement;
- Customer shall be responsible for and shall indemnify and hold Hospitality harmless from and against any and all liabilities, judgments, claims, losses, obligations, damages, penalties, actions, or other proceedings, suits, costs, fees, expenses and disbursements (including reasonable attorney’s fees) arising out of, relating to or resulting from any violations of this AUP by its end-user(s) in connection with the use of the Services;
- Customer shall not make any guarantees to its end-users regarding availability or speed of the Services;
- Customer shall not use any Hospitality trademarks or logos and shall not market or sell the Services using any Hospitality trademarks or logos;
- Customer is responsible for ensuring that all end-users of the Services agree to the terms and conditions of this AUP, as may be amended from time to time;
- if Customer becomes aware of a violation of the AUP by any of its end-users, Customer shall suspend the Services to such end-user and shall notify Hospitality in writing as soon as reasonably practicable;
- Hospitality reserves the right to terminate or suspend the Services to Customer’s end-user(s) if, in Hospitality’s sole discretion, the AUP has been or is being violated by Customer’s end-user(s); and
- If customer provides the Services to more than one (1) end-user and Hospitality reasonably determines that Customer or any end-user of Customer is violating this AUP or any existing law or regulation in a manner that poses an immediate and substantial threat of harm to Hospitality’s network or its ability to provide Services to Customer, its other end-users or other customers, Hospitality reserves the right to immediately suspend or terminate the Services to all of Customer’s end-users, including Customer, if Hospitality does not have the ability to determine which end-user is responsible for the violation. Customer understands that Hospitality may not have the ability to pinpoint the source of an AUP violation if end-users other than Customer are using the Services. Hospitality shall use commercially reasonable efforts to notify Customer and the offending end-user(s), if possible, of such suspension or termination and the reasons therefor as soon as reasonably practicable. If Customer sells or resells advertising or web space to a third-party, Customer will be responsible for the contents of that advertising and the actions of that third party. Hospitality has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of this AUP. Hospitality may suspend or terminate the Services if Customer refuses to remove any advertising or other third party content it deems objectionable.
- Security. Customer is solely responsible for the protection of their computer equipment. Customer is responsible for any misuse of the Services, even if the inappropriate activity was committed by an employee, consultant, guest or other individuals who have access to Customer’s system or network. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to the Services. The Services may not be used to breach the security of other end-users or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the end-user authentication, or probing the security of other networks. Customer may utilize scanners, sniffers and any other such security analysis tools to maintain Customer’s own network as long as Customer only uses such tools with respect to Customer’s own network.
Customer shall not scan, probe, or use security analysis tools against the Hospitality network or the networks of our other customers. Use of or distribution of tools designed for compromising security of non-Customer networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. Customer shall not willfully or knowingly disrupt the Services or interfere with computer networking or telecommunications services to any end-user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature, and the improper or unauthorized seizing of operator privileges, are prohibited. Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. If Hospitality detects that Customer’s equipment or Customer’s Internet transmissions contain viruses, trojans, worms or similar malicious content that adversely affects the Hospitality network or otherwise compromises the integrity or the operation of the Hospitality network, Hospitality may disconnect or suspend Customer from the Services immediately. In such event, Hospitality will make reasonable efforts to promptly contact Customer regarding the interruption of the Services. It is Customer’s sole responsibility to ensure that any device they connect to the Hospitality network remains secure and virus free. Login credentials such as, but not limited to, passwords and personal identification numbers to any Hospitality managed or owned sites and servers must follow the Hospitality password requirements. Accounts that do not follow this guideline may be suspended until Customer complies and is secured. Hospitality will not make changes to Customer accounts without proper authorization. In the event of any partnership dissolution, corporate reorganization, or other legal proceeding involving Customer and the Services, Hospitality may put the account on hold and suspend the Services until the situation has been resolved to Hospitality’s reasonable satisfaction. Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through Customer’s account, Customer will be liable for any unauthorized use of the Hospitality services, including any resulting damages.
- Customer Information Disclosure. Hospitality and its distribution affiliates and vendors may cooperate with law enforcement authorities in the investigation of suspected criminal violations to the extent permitted by law. Cooperation may include Hospitality or its vendors providing the name, IP address(es), or other identifying information regarding Customer or its end-users. Hospitality will not release any personally identifiable information regarding Customer (except publicly available information) or Customer’s end-users to law enforcement or government agency except upon presentation of
- a subpoena issued by a government entity in a civil or criminal investigation or litigation;
- a civil investigative demand issued by a government entity; or
- a court order or other similar legal mandate. Hospitality may release such information based upon its sole reasonable judgment as to the validity of any such order. If Hospitality is ordered by a court of competent jurisdiction to monitor Customer’s connection to comply with a court order or legal process, Hospitality will treat that information as confidential and only divulge the necessary information as required by such order or legal process.
- Inappropriate Content and Unacceptable Links. Hospitality is not responsible for any information accessed by Customer through use of the Services. If using the Services to reproduce, publish, display, transmit and distribute content, Customer warrants that the content complies with this AUP and Hospitality and its distribution affiliates are authorized to reproduce, publish, display, transmit and distribute such content as necessary for Hospitality to deliver the content in a timely manner.
- Newsgroups. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Customer is responsible for determining the policies of a given newsgroup before posting to it. Posting or cross posting the same or substantially similar messages to more than eight newsgroups is prohibited. Repeated complaints about Customer not meeting the charter of a newsgroup or posting off-topic may result in termination of Services. Customer shall not post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum.
- Internet Relay Chat. Services may be used to participate in “chat” discussions, however, the Services may not be used to perform chat “flooding.” Any single computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the end-user is not physically present at the device. The Services may not be used to access any chat server in violation of the acceptable use policy of that server.
- Misuse of System Resources. Customer shall not use scripts or programs which consume excessive CPU time or storage space to permit the use of email services, email forwarding capabilities, POP accounts, or auto responders other than for the Customer’s account; or to resell access to scripts installed on Hospitality servers. Hospitality shall determine in its sole discretion whether Customer is misusing system resources.
- IP Addresses. Hospitality’s IP address policy is based on RFC 2050 and the American Registry for Internet Numbers (ARIN) guidelines for Internet Service Providers. However, Hospitality may allocate IP addresses in any manner which it determines, in its sole discretion, is reasonable for the operation of the Services. When Hospitality assigns an IP address to Customer, ownership of the IP address does not transfer to Customer or any end-user; ownership of all IP addresses assigned by Hospitality remains with Hospitality at all times. IP address assignment may be changed by Hospitality at any time in order to enhance network efficiency, however, notice will be provided to Customer. Unused IP addresses may be reclaimed by Hospitality upon notice to Customer. IP addresses are relinquished by Customer upon the expiration, termination or cancellation of the Services. Hospitality may require an ARIN organizational ID from Customer to complete IP requests. If requested, the organizational ID must be provided. Customer may call ARIN at 703-227-0660 to obtain an ID. Please contact Hospitality for any questions regarding IP address rules and policies.
- Termination. Upon termination of Customer’s Services, Hospitality is authorized to delete any files, programs, data and email messages associated with such account.
- Complaints and AUP Violations
If Hospitality receives a complaint against Customer or believes there is a violation of this AUP, Hospitality will investigate and if appropriate, inform Customer of the complaint. Hospitality will work with Customer to obtain a mutually satisfactory resolution to the complaint/violation and advise as to any necessary corrective action; however, if a resolution cannot be reached in a reasonable period of time depending upon the nature of the complaint or violation, Hospitality may suspend or terminate the Services. Hospitality reserves the right to act immediately and without notice to suspend, restrict, or terminate Services in response to a court order, government mandate, or if Hospitality reasonably believes Customer’s activity is harmful to the Hospitality network or its other customers. The failure of Hospitality to enforce this AUP for whatever reason does not constitute a waiver of any right to do so at a later time. Hospitality is not liable for suspension or termination of Services arising from an alleged or actual violation of this AUP.