Insight has adopted the following Acceptable Use Policy (“AUP”) to outline the proper access and usage of the Insight Business Cable Broadband and Data services (the “Commercial Service”), which includes any related equipment, services or storage provided by Insight and/or through the Commercial Service. These policies and use restrictions are in addition to requirements contained in your Insight service agreement (the "Commercial Agreement") and any other applicable Insight terms of service or policies. Terms provided in this AUP that are not defined herein shall have the same meaning as provided in the Commercial Agreement and related terms of service.
Insight reserves the right to update or revise this AUP from time to time without notice. Any such update shall be effective upon the online posting of the revised AUP or otherwise making the revised AUP available for access by the business or commercial establishment that subscribes to the Commercial Service (“Business Customer”). Business Customer is responsible for ensuring that all of its customers and/or any others who may have access to the Commercial Services and/or Insight’s network through Business Customer’s Commercial Service account (“User(s)”), understand and agree to the limitations contained in this AUP prior to any Commercial Service usage, as well as any updates. “Authorized Users” shall mean those Users who are authorized by either Business Customer or Insight to use the Commercial Services and/or Insight’s network. The continued use of Commercial Services by Business Customer or any of its Users following any update to this AUP evidences an agreement to be bound by the amended AUP. If you do not agree to comply with this AUP or any other Insight policies, you must immediately stop use of the Commercial Services and notify Insight.
Business Customers and Users are required to comply with this AUP. Business Customers are responsible and liable for any failure by any Users to comply with the restrictions and limitations contained in this AUP and any other applicable Insight policies. Business Customers are also responsible for, and bear all risks associated with, any User access to the Commercial Services, any usage or transmissions occurring through the Business Customer’s Commercial Service account, and for maintaining the security of the Commercial Services and any devices connected to such Commercial Services on or through Business Customer’s Premises, including any data, materials, content or other information stored, transmitted, accessed or shared through such devices or equipment.
Business Customer must take steps to prevent others from obtaining unauthorized access to, or use of, the Business Customer’s Commercial Services by implementing internal security protections, including, but not limited to, setting limits on User access and usage, maintaining the confidentiality of passwords or any other account or login information, protecting and/or securing open system or equipment ports, and prohibiting unauthorized access or usage of the Commercial Services and Business Customer’s equipment or devices used to connect to the Commercial Service. Business Customer must establish and implement business practices for Authorized Users requiring compliance with these security protections and the limitations in this AUP. Business Customers must also maintain readily accessible contact information so that Users may notify the Business Customer of any Commercial Service issues. The Business Customer must promptly notify Insight of any Commercial Service issues or complaints.
Business Customers are responsible for any transmissions sent, received, accessed, posted or stored via the Commercial Services subscribed to by the Business Customer, including any content of transmissions or communications. Business Customers and Users are expressly prohibited from accessing or using the Commercial Services in violation of any Prohibited Use. Prohibited Uses include, but are not limited to, using the Commercial Services or any related Equipment or connected devices to engage in any activity that:
As part of the subscribed Commercial Service, Insight may provide the ability to create and/or store content, code or business information through a service offering. Business Customer is solely responsible for, and shall bear full risk of loss, omission and/or damage to, all content, code, business information or other material that a Business Customer or User posts, stores, uploads or otherwise transmits through the Commercial Service. Any such content, code or business information must also comply with all applicable laws and not otherwise violate this AUP. Business Customer shall not use the Commercial Service as an instrument for placing or storing archived files and/or material that can be downloaded through other websites unless otherwise permitted by the Commercial Agreement.
Failure to comply with this AUP could lead to the removal of content, materials or other information posted, stored or transmitted via the Commercial Service; limitations on Commercial Service access; reclassification of the Commercial Services; or the suspension or termination of the Business Customer's account, in additional to any other remedies available to Insight. Some additional remedies may include, but are not limited to, the recovery of costs, fees or expenses associated with (i) investigation into AUP violations; (ii) response to complaints, subpoenas or other legal process; (iii) breach or system recovery; (iv) migrating Business Customer to a higher Commercial Service level; (v) disconnection and/or removal of Commercial Services; or (vi) any other activity Insight may undertake due to an AUP violation. Insight has the sole discretion and right to determine if certain conduct violates this AUP.
Insight reserves the right to investigate suspected violations of this AUP. Insight may also cooperate with legal authorities and/or third parties in such investigation or of any suspected or alleged crime or illegal activity. You agree to cooperate with any reasonable investigation into suspected violations of this AUP or illegal activity.
Any unauthorized access or usage of the Commercial Services or any violation of this AUP relieves Insight of any obligations it may have to the Business Customer. Insight prefers to advise Business Customers of any suspected AUP violations. However, depending on the suspected violation or activity, Insight reserves the right to act immediately and without Business Customer notice to comply with legal process or to prevent, impede or stop the violation or activity to protect the Commercial Services, Insight’s network and/or other persons or entity. Neither Insight nor its affiliates will have any liability for taking such responsive action.
If a Business Customer’s account is suspended or terminated, Insight is authorized to delete any material, postings, content, code, pending transmissions, files, email messages and other information associated with the account. Insight may also delete any above items pursuant to its service retention policies.
Any complaints involving a violation of this AUP should be promptly reported to Insight. The complaint should include valid contact information and information that would assist Insight in identifying, investigating and resolving the complaint. Complaints concerning copyright infringement must be directed to our Copyright Agent in accordance with Insight’s Policies for Considering Copyright Infringement Claims.
Insight has no obligation to monitor the Commercial Services for authorized access and usage. We also do not exercise editorial control over any content, transmissions or other activity occurring via the Business Customer’s Commercial Services. Insight disclaims all responsibility and liability for any access or use of the Commercial Services or any violation of this AUP, including any liability to a person or party due to any other person or party’s violation of this AUP.
Nevertheless, we reserve the right, but do not assume the obligation, to review or monitor usage of the Commercial Services, including bandwidth capacity, transmissions and/or content, and to remove any material, transmissions or content or Commercial Service access to ensure that a Business Customer’s account activity (i) adheres to this AUP and other Insight service requirements; (ii) does not improperly restrict, degrade or compromise the integrity or security of Insight’s network and its ability to offer and/or deliver Commercial Services or other Insight services; (iii) does not potentially harm other Insight Customers or Users; and (iv) does not violate applicable law or subject Insight to liability.
Insight is not responsible for any transmissions, storage or emails, including transmissions sent to the wrong email address or to a suspended or terminated account. Transmissions or emails sent to the wrong email address or to a suspended or terminated account may be returned to the Business Customer’s account, ignored, deleted or temporarily stored by Insight.
In addition to any indemnification provided in the Commercial Agreement and any related terms of service, Business Customer agrees to indemnify, defend and hold harmless Insight, as defined in the Commercial Agreement, and its affiliates against all claims, demands, costs, expenses and fees (including reasonable attorney fees and any costs or fees for investigation of such claims or demands) resulting from (i) a Business Customer and/or User engaging in any of the Prohibited Uses or other violation of this AUP, (ii) a third party’s violation of this AUP when the violation occurs through the Business Customer’s account or through devices or equipment on the Business Customer’s Premises, (iii) violation by Business Customer or Users of any other Insight policies related to the Commercial Service, or any other third party policies. This indemnification will survive following termination of the Commercial Agreement with the Business Customer.
The failure of Insight to enforce any provision in this AUP shall not be construed as a waiver of the right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as close as possible, and all remaining provisions will remain in full force and effect.
Restrictions: (a) Owner expressly agrees that it shall not charge its patrons an admission charge or any other entrance fee to the Premises to watch a program or event of any kind provided by Insight; (b) Owner will not delay, alter or otherwise try to change the programming provided pursuant to this Agreement. Owner will not, and will ensure that its patrons, guests, and/or its employees, servants or agents do not copy or tape any of the programming being delivered by Insight hereunder. Owner further agrees that neither Owner nor its patrons, guests, employees, servants, or agents (except for Insight's authorized personnel) will open, tamper with service, make any alterations to or remove from its point of installation the wires, cables, or any other Equipment supplied to, delivered, installed, or used by Insight in connection with the provision of its Service. Any alteration, tampering, removal, etc. or the use of Equipment which permits the receipt of unauthorized services and/or the receipt of Services to an unauthorized outlet(s) constitutes theft of service and is prohibited; and (c) nothing in this Agreement shall entitle the Owner or Premises to receive or exhibit any available premium or pay channel service or pay-per-view event periodically offered by Insight without prior written permission of Insight. Unauthorized reception or exhibition of such events is a violation of law.
Music Rights Fee: In connection with its cable services, Insight agrees to provide to the Premises for the benefit of the Owner, as the viewer, those music rights that it has received from its applicable programming affiliation agreements for licenses which may be required by the American Society of Composers, Authors, & Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), and SESAC, Inc, or their respective successors and any other entity, person, or governmental authority from which a license is (or which Insight may designate as being) necessary or appropriate in connection with the provision of the Service(s) so long as Owner is not in default of this Agreement. With respect to the forgoing rights, the Owner shall have no right whatsoever to, or authorize or permit any other person to, (i) charge a cover charge or admission fee to the Premises at the time the Service(s) (or any part thereof) is being or is to be performed therein; (ii) permit dancing, skating, or other similar forms of entertainment or physical activity in conjunction with the performance of the Service(s) (or any part thereof) unless Owner can demonstrate to the reasonable satisfaction of Insight that Owner or a third party has obtained a then current music license permitting such activity; and/or (iii) insert any commercial announcements, except that public address commercial announcements may be made concerning goods or services sold or offered to the public at the Premises provided that no compensation (whether in money or in any other form) is paid by any person or entity, directly or indirectly, for such announcements unless pursuant to a separate written agreement which permits storecasting or adcasting. Any increase in music rights fees which Insight becomes obligated to pay on behalf of Owner after the acceptance of this Agreement shall be paid by Owner and the recurring charges will be adjusted to reflect the increase; provided, however, Insight’s payment as outlined therein does not cover any additional music licensing copyright costs which Owner may be responsible for securing, including, but not limited to, additional music licenses, or paying required fees payable to copyright owners or licensing societies for music performed in video services unless such services are shown on a single receiving apparatus of a kind commonly used in private homes, (i.e., a single standard size television set). As material to this Agreement, Owner hereby represents and warrants that Owner has or will secure any and all rights and/or licenses necessary to use and/or perform any music distributed by Insight hereunder to the extent such use and/or performance may be beyond the scope of the rights and limitations described above.
Last Updated December 6, 2010