Acceptable Use Policy

ACCEPTABLE USE POLICY FOR ORCABPO

Last Updated: 12 Jul, 2021.

This Acceptable Use Policy ("AUP") governs the high-speed Internet service offered to you by the OrcaBPO (with any subsidiary or affiliate that provides your service, hereinafter “OrcaBPO”," "we" "we" or "Company") and includes the following terms and provisions which may be amended or changed from time to time in accordance with this Agreement. The terms and provisions of this AUP are without limitation any right to suspend or terminate the service otherwise owned by the Company under your Agreement or applicable law.

Applicability:

This AUP applies to you as a customer and to any other person, authorized or abusive, using your service (each person, a "User"). For the purposes of this AUP, your use includes and is responsible for the use of all users that access the service through your account. It is your responsibility to take precautions to limit access to the service to authorized customers.

Compliance Required:

In accordance with your Agreement, all customers have accepted and must comply with the present AUP. Company reserves the right to discontinue or suspend service immediately or to disconnect, withdraw, block, filter or restrict your use of the Service if the company determines, in its sole discretion that such use is unlawful or violates this AUP. The Company shall co-operate with judicial authorities and/or third parties in the investigation of any suspected or suspected crime or civil offense. Whether the company believes you used the service for illicit or abusive purposes, the Company may pass on the relevant disclosure and other information, including your identity, to the competent authorities for investigation and prosecution. You hereby agree to the transmission of such communications and information by the Company to these authorities. Furthermore, the Corporation may provide information in response to law enforcement requests, legitimate government requests, summonses, court orders, to protect its rights and property and in the event that failure to disclose the information could result in imminent injury to you or others. The Company also reserves the right to take action against abuses not expressly stated in this AUP at the sole discretion of the Company. The use of the company's systems and network represents an understanding and acceptance of this policy.

Prohibited Uses and Activities:

This AUP identifies some uses and activities that the Company considers to be illegal or abusive and thus strictly prohibited. The examples listed in this document are not proprietary and are provided for information purposes only to clients. The Company, in its sole discretion, reserves the right to terminate the service for any unauthorized use. If there is any uncertainty as to the intended use or activity, please contact a Customer Service Representative for assistance. Other than any other illegal or abusive use or activity, the following constitute violations of this AUP:

a. Unlawful Use: Using the service in any manner that violates local, state or federal law, including, but not limited to, using the service to convey any material (by e-mail or otherwise) transmission of which is illegal by virtue of any local, state or federal law applicable to such transmission.
b. Copyright or Trademark Infringement: Using the Service to transmit any material (by e-mail, bit torrent software, direct download, FTP sites or otherwise) which violates any copyright, trademark, patent, trade secret or other proprietary right of the Company or any third party, including, without limitation, unauthorized copying of copyrighted material, digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyright-protected videos and music, and the unauthorized transmission of copyright-protected software.
c. Violation of the Digital Millennium Copyright Act (DMCA): Using the service to bypass the technological measures used by copyright holders to protect their works or use the service to produce or disseminate technologies mainly designed or produced to circumvent DMCA protections, which have only a limited commercially significant purpose or use other than to circumvent; or that are commercialized for use in the circumvention of DMCA protections.
d. Harm to Minors: Using the service to harm, or attempt to harm, minors in any manner, including, but not limited to, activities related to child pornography or sexual exploitation of children.
e. Threats: Using the service to convey any material (by email or otherwise) that unlawfully threatens or encourages bodily harm or destruction of property.
f. Harassment and Cyber Bullying: Using the service to convey any material (via e-mail or otherwise) that illegally harasses another person.
g. Fraudulent Activity: Using the service to make fraudulent offers to sell or buy goods, articles or services, or to advance any kind of financial scam such as pyramid schemes, unregistered sales of securities, securities fraud and chain letters.
h. Forgery or Impersonation: The addition, deletion or modification of network identification, message or article header information for the purpose of misleading or misleading during use is prohibited service. Attempting to pose as a person using false headers or other identifying information is prohibited.
i. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using the service to send unsolicited business e-mail or unsolicited bulk e-mail. Activities that facilitate unsolicited commercial email or unsolicited group email, whether commercial or non-commercial in nature, are prohibited. Purposely misleading headings may not be used in emails sent to multiple parties.
j. Intentional Network Disruptions and Abusive Activity: Using the Service for any activity that negatively impacts the ability of other persons or systems to use the Service or third party Internet resources. This includes overuse of network or system resources, whether intentionally or unintentionally. This also includes "denial of service" (DOS) attacks against a different network host or individual user. Interference or disruption of other network users, network services or network equipment is not permitted. Transmitting viruses, malware, or indulging in mail bombing, cat flooding, Cyber Squatting, and similar illegal behavior is also prohibited. Try to circumvent user authentication or the security of any host, network or account on the Company's systems or on the Internet as a whole ("cracking").This includes scanning or scanning ports without the consent of the machine owner in the process of scanning.
k. Unauthorized Access: Using the Service to access, or attempt to access, the accounts of others without authorization, or to enter, or attempt to enter, the security measure of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion causes a disturbance of the service or corruption or loss of data.
l. Collection of Personal Data: Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable law.
m. Disabling Wi-Fi Passwords: Degradation of the Company's cyber security and/or authorization of Internet access not authorized due to the deactivation of Wi-Fi passwords.

Network Management Practices:

The service is available solely for individual clients and not for resale. Reselling the service without the written consent of the company will be considered a breach of your agreement and will result in termination of the service. Pricing is based on the proposed use, which is within commercially reasonable limits. Unlimited packages and features offered as part of any service can only be used for normal residential or commercial use. During some peak periods of use, the Company may limit data transfer speeds in a non-discriminatory manner, which may slow the rate of video streaming or download speeds.

The Company will not make unreasonable discrimination in the transmission of legal network traffic and will provide a reasonable description of network performance characteristics on our website. The Company will not restrict access to legal content, websites, applications, services or devices that are not harmful. The Company will retain accurate records of your service locations, quantities and use pursuant to your Agreement. Company reserves the right to immediately unplug or change your service if the Company determines, in its sole and complete discretion that your use of service is, or at any time was, that are inconsistent with the normal usage patterns of homes or businesses or that otherwise contravene this AUP. If your use exceeds the applicable usage limits and as an alternative to logging off the service, The Company may offer you a revised Agreement with higher rates for the use of the service which is considered incompatible with normal residential service or business use. Company reserves the right to protect its network from damage, which may influence legitimate data streams. Company reserves the right to restrict the rate or quantity of data transferred, and to refuse or discontinue the service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels.

Congestion due to failure of hardware and/or software will be corrected as quickly as network engineers can diagnose and identify the aggressor hardware / software. The congestion caused by malevolence will be corrected by using any available technique, including conscious protocol filtering and rate limitation, to control and limit the offending source. OrcaBPO may seek criminal charges against those who inflict network malice. OrcaBPO may also attempt to recover costs incurred from network malice.

Content:

You will be responsible for any responsibility that may arise from the content you have provided.

You must ensure that your use of the Service and Content is at all times in accordance with all applicable laws, regulations and written and electronic instructions. Company reserves the right to disconnect or discontinue your service and to delete your content from the service if the Company determines, in its sole and absolute discretion, such use or content is not consistent with any applicable law, the requirements set out in this AUP or interferes with the ability of the Provide Company to you or others. The Company's action or failure to act under this Section will not constitute a review, waiver or approval of your use or content.

Service Monitoring:

The Company does not have any obligation to monitor the use, content of a customer's service. However, Company may monitor the content of service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.

OrcaBPO Service:

Keeping registry information updated and accurate is the responsibility of the OrcaBPO holder. Acceptable use of the OrcaBPO service DOES NOT include falsification or omission of valid OrcaBPO information, including administrative, technical contact information, and billing contacts. This use will result in the service being terminated.

Remote PC Support:

ISPN Network Services offers a Remote Support Service for our customers whereby customers may request on-line assistance in resolving problems with their personal computers. In order to provide this service, ISPN Network Services must be able to log into the customer’s personal computer to diagnose the problem, perform such actions as ISPN Network Services believes are necessary to correct the problem, and/or recommend corrective actions to be performed by the customer or by third parties. By requesting Remote PC Support Services from ISPN Network Services customer agrees to the following:

a. ISPN Network Services shall be authorized to log in to the customer’s personal computer in order to perform such actions as it deems necessary to diagnose the cause and extent of the problem; perform such actions as it believes are necessary to correct the problem; and/or recommend corrective actions to be performed by the customer or by third parties.
b. Only qualified ISPN Network Services employees will be assigned to perform Remote PC Support Services for customers.
c. Remote PC Support Services may only be provided with the customer’s explicit permission and the remote session will be terminated permanently once the support issue is resolved to the customer’s satisfaction.
d. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from ISPN Network Services performance of Remote PC Support Services for customer, and customer shall indemnify and hold ISPN Network Services harmless therefore.

Dial-up Access:

Dial-up connections that are idle for 20 minutes or longer, or connected for more than 24 hours continuously, will be disconnected. Idle time is defined as a period during which no input or output is sent or received across the modem connection. Multiple simultaneous logins to a single dial-up account are prohibited.

Web/FTP Sites:

Acceptable use of Company’s web/FTP space does NOT include: Distribution of illegal pornographic or otherwise indecent or offending materials, distribution of restricted software or materials in violation of copyrights or distribution licenses, or any other illegal activity prohibited under Paragraph 3, above.

Theft of Service:

You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Until such time as Company receives notice of the theft, fraudulent use or abusive use, you will be liable for all stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.

Indemnification:

By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP and your Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from Company’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold Company harmless therefore.

Termination of Service:

Company has the right to terminate access to or use of this service as provided in this AUP and your Agreement. Access to and use of service is subject to strict compliance with law and applicable agreements.

Modifications:

Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by publication on our website, bill message or other commercially reasonable notice. Your use of service following such notice constitutes your agreement to the modified terms and conditions.

Survival:

The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of service shall survive such discontinuance or disconnection.

Governing Law:

This AUP and the relationship between you and Company shall be governed by and construed in accordance with the substantive laws of the State of US Government, without regard to the principles of conflict of law.

No Waiver of Rights:

Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.

Severability:

If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.

Applicability to Attached Sites:

Sites directly attached to Company backbone are expected to adhere to Company acceptable use policies. The individual who signed the contract is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the account owner for resolution. The account owner will be held responsible for any violations of the AUP.

Important Customer Information:

In addition to the terms and conditions set forth in this AUP, service is subject to your Agreement, which you should read carefully before activating or using service. For additional terms and conditions of service, refer to your Agreement, or speak with a customer service representative.

***IMPORTANT: BY SIGNING THIS SERVICE AGREEMENT AND/OR ACTIVATING OR USING SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE APPLICABLE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THE SERVICE APPLICATION, SERVICE AGREEMENT AND ANY APPLICABLE SERVICE TARIFFS, THIS ACCEPTABLE USE POLICY, THE TERMS AND CONDITIONS OF SERVICE, AND YOUR SELECTED SERVICE PLAN OR SERVICE PACKAGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, PLEASE NOTIFY US PRIOR TO INSTALLATION AND WE WILL CANCEL YOUR SERVICE.