AUP

Acceptable Use Policy

Usage Policies Mt Hamilton Internet Service (MHIS)
These  Usage Policies apply to you and anybody you allow to use MHIS Broadband. Any  reference to “you” shall be interpreted to mean you and anybody you  allow to use MHIS Broadband. You are responsible for the use of MHIS Broadband  by any person you allow to use it including anyone who accesses MHIS Broadband  because you have removed the wireless encryption security on your Wireless  Router.
How we update our Usage Policies
The way our customers use MHIS Broadband is changing all the time so we may  need to change our Usage Policies to adapt to our customer’s needs. Our latest  Usage Policies will always be posted on our website at www.mthamilton.us so please  keep checking for updates.
USAGE CAPS
Broadband

Currently there is no usage cap on our accounts. If in the future we do add accounts with caps the following will apply:
If you subscribe to a Product that has a cap on the amount of data that you  download or upload via your MHIS Broadband internet access each month (“Usage Cap“), your usage must not go over that  Usage Cap for the Usage Cap Period. For the current Usage Caps on each Product,  please go to www.mthamilton.us and check on your service type. If we see you are approaching your Usage Cap, we will send you a e-mail to let  you know that you have reached 70% of your Usage Cap. If you go over your Usage Cap we will reduce your bandwidth to 50Kb until  the end of the Usage Cap Period. To ensure you get your e-mail alerts you should make sure we have an e-mail  address that is up-to-date and that you check for e-mail regularly. If we  receive a failed delivery notice after sending an alert we will not send your  alert by post.
E-mail
Whatever Product you take there are also limits on the use of the MHIS  Broadband e-mail accounts by you and anyone you allow to use an e-mail account.
(a) There is an upper limit on the size of each mailbox account. This will  restrict the amount of Messages you are able to store in your mailbox account  using MHIS Broadband; and
(b) There is an upper limit to the size of each Message which you can send using  a MHIS Broadband e-mail account.
You must not exceed these usage limits.
You must only use a MHIS Broadband e-mail account for normal e-mail purposes  and not, for example, as a storage facility.
If you exceed these e-mail usage limits or use a MHIS Broadband e-mail account  for abnormal purposes, for example the storage of large files, then we may  immediately suspend the e-mail account or we may send you an e-mail telling you  to reduce your mailbox size or usage (as the case may be). If you do not act on  our notification we may then suspend the relevant e-mail account, or end your  Contract.
MHIS BROADBAND Fair Usage Network Policy
MHIS Broadband Connect is subject to a Network Management Policy in addition to  any monthly Usage Cap.
We continuously monitor and efficiently manage the performance of MHIS  Broadband Connect to ensure that we provide a sustainable quality broadband  service to our customers. When our network is busy we give priority to  applications such as browsing, e-mail, streaming, instant messaging, gaming and  VOIP.
This means that certain applications which use up a lot of bandwidth (for  example peer-to-peer file-sharing, large file downloads and news groups), which  have a negative effect on other customers, may run slower at peak times. Our  network is busiest between 4pm and 11pm on weekdays and all day at the weekend,  but can be busy at other times too.
In addition, we monitor customers who use the most bandwidth and whose usage is  having a negative effect on other customers. Customers who breach the Usage Cap  or who regularly download large amounts at peak times will have restrictions  placed on their accounts to reduce their download speeds at peak times. Only a  small number of customers will be affected by this, typically fewer than 5%.
ACCEPTABLE USE POLICY
Irrespective of which Product you have subscribed to, our Acceptable Use Policy  (“AUP“) will apply to you and those who you allow to  use MHIS Broadband.
If you have any queries about our AUP, you can contact us by emailing support@mthamilton.us.

Don’t use MHIS Broadband illegally! 
Mt Hamilton Internet Service and the MHIS Network may only be used for lawful  purposes in accordance with all laws, statutes and regulations in force from time  to time (“Laws“).
You may not use MHIS Broadband to send, receive, store, distribute, transmit,  post, upload or download any materials or data which:
• violates any Law;
• is or may be harmful to minors;
• is in breach of any third party rights (including any third party  intellectual property rights);
• has any fraudulent purpose or effect or involves you impersonating another person  or otherwise misrepresenting yourself as the source of any communication;

We do not filter web content. On this basis, we recommend that you consider  installing additional software on your computer to prevent access to  inappropriate websites or content on the internet.
Do not violate anyone’s systems or network security
You must not use MHIS Broadband to violate Mt Hamilton Internet Service  Network’s security or any third party’s system or network security by any  method including:
• 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;
• unauthorized monitoring of data or traffic on any network or system without  the express authorisation of the owner of the system or network; or
• unauthorized interference with any user, host, system or network without the  express authorisation of the owner of the system or network.
You must not send, receive, store, distribute, transmit, post, upload or download  any materials that are designed to violate MHIS Network’s security or any third  party’s system or network security. Examples of such prohibited material may  include (but are not limited to):
• programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or  any other items of a destructive or deceptive nature;
• tools designed to compromise the security of other sites;
• programs or services designed to send or facilitate the sending of  unsolicited advertisements; or
• programs or services designed to encourage or facilitate a breach of this AUP  or any acceptable use policy of another internet services provider.

You are responsible for all materials and/or data originating from the machines  and/or networks that you have connected to the MHIS Network. You must  immediately disconnect (and subsequently secure prior to reconnect ion) machines  generating materials and/or data which contravene this AUP once notified of  such activity by MHIS.
Messages
You must not send Messages to anyone who does not wish to receive them. We  acknowledge that e-mail and instant messaging are informal methods of  communication however you must refrain from sending Messages to another user  after receiving a request to stop.
You must not send unsolicited bulk Messages or any other form of abusive  electronic communication. In particular, unsolicited advertising mailings  (whether commercial or informational) are strictly prohibited.
You must not operate, host, provide hosting facilities to or assist in any way  any web site, e-mail address, or any other online service which is advertised or  promoted by means of unsolicited bulk Messages (whether commercial or  informational), any mass messaging facility or any other form of abusive  electronic communication.
You must not send, distribute, or reply to mail-bombs. Mail-bombing is either  sending copies of a single message to many users, or sending large or multiple  files or messages to a single user with the intention of disrupting their  internet experience.
You must not use false Message headers or alter the headers of Messages to  conceal their e-mail address or to prevent internet users from responding to  messages. You must not use any e-mail address that you are not authorised to  use.
You must not suggest or imply that any Message you send is from, authorised or  endorsed by Mt Hamilton Internet Service or relates to any MHIS business.
We will scan your incoming Messages for viruses and remove any Messages from  the MHIS Network which contain viruses. Although these filters are  comprehensive, they do not provide an absolute guarantee that you will not  receive viruses via Messages and you are advised to install appropriate  anti-virus software on your computer.
We will scan your incoming Messages for spam and move any suspected spam to a  separate folder in your e-mail account where you can inspect it to ensure that  non-spam Messages hasn’t been inadvertently identified as spam. Items of  suspected spam will be deleted after 30 days.
World Wide Web and surfing the net
You will be solely responsible for your use of the internet and any web pages  owned and/or operated by you that you connect to the MHIS Network using MHIS Broadband .  You must not use world wide web pages within or outside the MHIS Network to  violate any part of this AUP or to disrupt or attempt to disrupt another  internet user’s internet experience.
How do you make a complaint?
If you wish to notify us of a breach of this AUP, or if you wish to make a  complaint regarding content, data or material that has been stored and/or  accessed via the MHIS Network or MHIS Broadband, please e-mail support@mthamilton.us.
The actions we can take
Firstly, you should be aware that we will block any electronic communication  that we reasonably consider to have breached this AUP.
Secondly, if you have breached this AUP, or we or a third party, reasonably  suspect that you may have breached this AUP we will notify you by e-mail  (provided that this notification does not prejudice any investigation) and we  may also:
(a) immediately suspend your access to MHIS Broadband until such time as we are  satisfied the breach has stopped;
(b) immediately end your MHIS Broadband Contract;
(c) notify and/or pass on the details of the breach of the AUP to any relevant  government, statutory, self-regulatory or law enforcement authority;
(d) investigate the alleged breach of the AUP, which may include gathering  information from you and/or the complaining party (if any) and the examination  of any other data or material on the MHIS Network or our servers;
(e) remove (either temporarily or permanently), copy, store, monitor or  otherwise deal with data and/or other material on the MHIS Network and/or our  servers; or
(f) suspend some or all of your E-mail Tools.

(g) MHIS is CALEA compliant.

What is  CALEA?

CALEA, or  the Communications Assistance  for Law Enforcement Act, is a United States  law that oversees telecommunication security which has now been expanded to  Internet security.   The FBI and FCC worked  together to specify what is expected of wired and wireless ISPs. There are some  fairly harsh federal penalties for noncompliance that became effective in May  2007.