Comcast vs. BitTorrent to be focus of FCC hearing

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By engaging in enterprising services

That is operating a commercial type account whether or not it is profitable or not. The key words are enterprising and non commercial. Operating a server is considered a business type activity. Things do not have to be spelled out in a contract, just the behavior will do. A lot of behaviors in this TOS has been spelled out for no P2P services.


http://help.twcable.com/html/twc_misp_aup.html


OPERATOR ACCEPTABLE USE POLICY

Your local Time Warner Cable affiliated cable operator ("Operator") seeks to create and foster an on-line community that can be used and enjoyed by all its cable modem customers across all ISPs offered by Operator. To further that goal, Operator has developed an Acceptable Use Policy. Although much of what is included here is common sense, Operator takes these issues very seriously and will enforce its rules to ensure enjoyment by all of its members. Operator reserves the right to suspend or cancel a subscriber's account for engaging in inappropriate conduct.(Subscribers, of course, also remain legally responsible for any such acts.) In using the services of any ISP as provided over Operator's cable network (the "ISP Service"), subscribers accept this non-exhaustive list of restrictions as well as those set forth in Operator's Cable Modem Subscription Agreement and agree to use the ISP Service only for lawful purposes and not to use or allow others to use the ISP Service in violation of the following guidelines:

* Unless you have specifically subscribed for commercial grade service, the ISP Service is provided to you for personal, non-commercial use only. The service cannot be used for any enterprise purpose whatsoever whether or not the enterprise is directed toward making a profit. If it is your intention to use this service for these purposes, please contact Operator to inquire whether commercial grade service programs are available.

* The ISP Service may not be used to engage in any conduct that interferes with Operator's ability to provide service to others, including the use of excessive bandwidth.

* The ISP Service may not be used in a manner that interferes with Operator's efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner. Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (?Network Management Tools?). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate.

* The ISP Service may not be used to breach or attempt to breach the security, the computer, the software or the data of any person or entity, including Operator, to circumvent the user authentication features or security of any host, network or account, to use or distribute tools designed to compromise security, or to interfere with another's use of the ISP Service through the posting or transmitting of a virus or other harmful item to deliberately overload or flood that entity's system.

* In using the ISP Service, you may not use an IP address or client ID not assigned to you, forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting or probe, scan or test the vulnerability of any system or network by the use of sniffers, SNMP tools or any other method.

* The ISP Service may not be used to post or transmit content that violates child pornography statutes or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children, or other depictions of children, the primary appeal of which is prurient.

* The ISP Service may not be used to upload, post, transmit or otherwise make available any materials or content that violate or infringe on the rights or dignity of others. These include, but are not limited to, materials infringing or compromising intellectual property rights or the ability to maintain trade secrets and other personal information as private; the ability to avoid hate speech; threats of physical violence; harassing conduct; sexually oriented material that is offensive or inappropriate; and unsolicited bulk e-mail.

* The ISP Service may not be used to engage in or foster any consumer fraud such as illegal gambling, ?Make Money Fast? schemes, chain letters, Pyramid, or other investment schemes, or to make or encourage people to accept fraudulent offers by e-mail, USENET or other means, of products, items or services, originating from your account, or through a third party which implicates your account or to post or transmit off-topic or commercial messages on bulletin boards.

You may not engage in any of the above activities using the service of another ISP, while channeling such activities through your ISP Service account or using this account as a mail drop for responses.

Posted by: osreinstall   Posted on: 02/25/08 You are currently: a Guest | Members login | Terms of Use

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