Magnifi Broadband Internet Agreement Addendum

Magnifi Broadband accounts may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. You agree to indemnify and hold harmless Magnifi Broadband from any claims resulting from your use of the internet service, which damages you or another party.

Use of any information obtained via Magnifi Broadband is at your own risk. Magnifi Broadband specifically denies any responsibility for the accuracy or quality of information obtained through its network.

Magnifi Broadband makes no warranties of any kind, whether expressed or implied, for the service it is providing. Actual speeds vary due to factors beyond Magnifi Broadband’s control. Magnifi Broadband disclaims any warranty of merchantability or fitness for a particular purpose. Magnifi Broadband will not be responsible for any damages you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, activity of a virus or other malware, or service interruptions caused by its own negligence or your errors or omissions.

Magnifi Broadband or other relevant authorities may determine inappropriate usage of this account and the privilege or usage may be revoked at Magnifi Broadband’s discretion. Should permanent disconnection or account termination occur due to inappropriate usage, you will be informed in writing.

Your account may not be used to breach the security of another customer or user, or to attempt to gain access to any other person’s computer, software, or data, without the consent of such person. It may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not authorized to access, or probing the security of networks or hosts. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools is prohibited. Your account may not be used to collect, or attempt to collect, personal information about third parties without their consent.

You may not use your connection to knowingly or unknowingly disrupt service. Your connection may not be used to knowingly or unknowingly interfere with computer networking or telecommunication services to a user, host, or network, including denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges, and attempts to crash a host. The transmission of any information or software that contains a virus, back door, exploit, or other harmful feature is prohibited.

Your activity must not improperly restrict, inhibit, or degrade any other’s use of the service nor represent (at Magnifi Broadband’s discretion) an unusually large burden on the network. You must also ensure that your activities do not improperly restrict, inhibit, disrupt, degrade, or impede Magnifi Broadband’s ability to deliver service and monitor the service, backbone, or other network services.

Your account may not be used for unlawful purposes, which includes but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or infringes intellectual property, or in any other way that constitutes or encourages criminal conduct or otherwise violate any local, state, federal, or international law.

Your account may not be used to impersonate any person or entity, sender address falsification, forge a digital or manual signature, or perform any other similar fraudulent activity.

Your fiber optic connection allows for one IP address per account. You may not change any assigned IP addresses nor the hardware (mac) address on any device connected to the network. You may not statically assign an IP address if you have been configured for dynamic address assignment. Repeated or blatant violations of this constitute grounds for immediate service termination.

Magnifi Broadband assigns IP addresses to its customers for use with certain IP/data based service, Magnifi Broadband shall retain any assigned public IP address when a customer’s service is terminated. Magnifi Broadband and customer agree that assigned addresses are non-portable and other providers are not allowed to route these addresses. If customer has been issued a static IP addresses, which are allocated directly from American registry for internet numbers (arin) will be ported/routed by Magnifi Broadband where reasonably possible. However, Magnifi Broadband cannot guarantee the portability or rout ability of these addresses beyond its own backbone and to the internet in general.  Magnifi Broadband reserves the right to modify its IP address allocation policy without notice.

The acquisition, transfer, or distribution of any content in violation of copyright laws is expressly prohibited, as is storing such content on any device attached to Magnifi Broadband’s network. Such content includes, but is not limited to, copyrighted music and movie files and software programs. Should Magnifi Broadband become aware of copyrighted material being distributed using your account, such account will be blocked from accessing the internet until it is determined that such material has been removed from distribution. Magnifi Broadband is not required to contact you prior to your account being blocked but will make reasonable efforts to expedite getting your service restored.

You should be aware that when using your account to access the internet or any other online network or service, there are certain transfer protocols, such as ftp and http, and peer-to-peer networking programs which may allow others to gain access to your computer. If you choose to use such services, you are responsible for taking appropriate security measures. Neither Magnifi Broadband or its underlying providers shall have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from, arising out of, or otherwise relating to the use of such transfer protocols by you, including damages resulting from others accessing your computer. Such services may not allow public access to your computer, files, or data without written permission from Magnifi Broadband.

Your fiber optic connection allows for discounted domain hosting or the ability to maintain your own server at your location. However, you may not run a server as a hosting system nor provide network services to others via your service unless you have written permission from Magnifi Broadband. Examples of prohibited use include, but are not limited to, running servers for mail, HTTP, FTP, IRC, DHCP, peer-to-peer file sharing, and multi-user interactive forums. If such services are provided without the express permission of Magnifi Broadband, your account will be suspended until both parties reach written resolution. A signed terms and conditions for running a server must be on file at Magnifi Broadband’s office prior to initiating running a server.

In all cases, you are responsible for the security of any device you choose to connect to your service, including any data stored or shared. Magnifi Broadband recommends against enabling file sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by the manufacturer of the applicable file sharing devices or software. Any files or devices you choose to make available for remote access should be protected with a strong password or as otherwise appropriate.

If you employ a private wireless access point, you are required to secure it such that others cannot gain access to Magnifi Broadband’s network therewith; failure to do so constitutes grounds for immediate disconnection of service and termination of your account.

A hardware firewall device is required. You are expected to keep the firewall software/firmware/operating system updated. You are expected to take reasonable measures and precautions to prevent any computer or device attached behind your firewall from vulnerability to exploit and abuse, including, but not limited to: keeping current on operating system and application patches and updates; disabling unnecessary network services and securing necessary ones; using virus scanning software wherever applicable (e.g. Every Microsoft operating system) and keeping virus scan signatures updated regularly; installing firewall applications. Failure to secure machines in a reasonable and timely manner may result in disconnection from Magnifi Broadband’s network temporarily or permanently. While these minimal precautions are required of all, if you have a particular stake or legal obligation to protect the information and security of your machines, you are encouraged to take additional measures accordingly.

This service may not be used to send bulk unsolicited messages. This includes, but is not limited to, bulk mailing of commercial advertising, announcements, petitions, and political or religious messages. Such messages may only be sent to those who have explicitly requested such messages. The service may not be used to send chain letters, junk mail, spam, or messages to any individual who has indicated they did not want to receive messages from you. Continuing to send email messages to anyone who has requested not to receive such email is considered to be harassment.

Your account may not be used to participate in the collection of email addresses, screen names, or any other identifiers of others without their express written consent, sometimes known as spidering or harvesting nor participate in the use of software created for this activity.

You may not send numerous copies of the same or similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt or with the effect of disrupting a server or account.

There is a maximum of 250 recipients for email sent through mail. Magnifi.net. If you need to send a message to more than that, configure your mailer to send multiple messages. Please heed the pertinent prohibitions of sending bulk mail/spam. (it is fairly uncommon that email is legitimately sent to more than a few dozen users.)

There is a maximum message size of 10240000 bytes (roughly 10mb) on mail. Magnifi.net. With mime or base64 encoding, this allows just under a 7.5 mb file to be sent, provided the recipient can receive it. If you need to transfer files at or above this limit, you will either have to send the file in multiple parts or you might consider other methods of file transfer (e.g. FTP, post to a webpage, use an IRC/instant messaging client with file transfer capability, or a peer-to-peer file transfer program).

Magnifi Broadband requests that you limit the frequency email is checked to not more than once every 5 minutes unless unusual circumstances deem it necessary for a temporary duration. Excessive checking frequency puts an unnecessary and easily avoidable load on mail servers (there are other technologies more apropos to time-sensitive communication, e.g. IRC or instant messaging).

Magnifi Broadband employs several blacklists and grey lists to help reduce spam and block network abusers, as well as maintaining a local blacklist.  A blacklist is a list of IP addresses or email addresses that are denied access to any email system that employs that blacklist. A grey list is the function of denying the initial connection from a mail server for a predetermined amount of time. Should you be placed on Magnifi Broadband’s own blacklists, Magnifi Broadband will offer reasonable assistance and remove your blacklist entry upon request if remedial action has been demonstrated. Magnifi Broadband does not maintain many of the blacklists it employs and makes no exemptions for those listed on them; the lists’ respective removal instructions must be followed to effect delisting. Should you become aware that you have been placed on a blacklist due to action or neglect on your behalf, you are required to make every reasonable effort to remediate the cause and procure list removal. (the IP addresses you use now will eventually be used by someone else. They should not have to clean up a mess you’ve left behind.)

You are responsible for the content of instant messages. Magnifi Broadband is not responsible for the timeliness, mis-delivery, deletion, or failure to store any instant messaging.

The risk of “eavesdropping” exists on the internet and other services to which access is provided on any type of connection. Because of this risk, any sensitive or confidential information sent by you is sent at your sole risk and neither Magnifi Broadband nor its underlying providers shall have any liability for any claims, losses, actions, damages, suits, or proceedings arising out of such actions by you. You are encouraged to employ encryption and other technologies appropriate to protect sensitive information such as passwords, account numbers, credit card numbers, and any confidential data.

You may not resell, share, or otherwise distribute the service to any other party without the express written consent of Magnifi Broadband. This includes the ability to use the service for wi-fi, “hotspot”, or other methods of networking for public use. For example, you cannot provide internet access to others through dial-up or wireless connection, host shell accounts, provide email or news service, or send a news feed. If Magnifi Broadband should determine your connection is being shared with another party without prior written consent, your connection will be terminated without further notice until an agreement can be reached between both parties.

You are required to abide by Magnifi Broadband’s acceptable usage policy (AUP) as published to https://www.Magnifi.net/legal/acceptable-use-policy/. A current copy of Magnifi Broadband’s AUP will also be provided at your request.

Magnifi Broadband is not responsible for forwarding email sent to any account that has been suspended or terminated. Such email will be delayed, returned to sender, ignored, deleted, or stored temporarily. Magnifi Broadband assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store instant messages.

As part of the installation, system files on your computer may be modified and hardware and software may be installed on your computer. Neither Magnifi Broadband nor its providers represent that such modifications will not disrupt the normal operations of your computer. Magnifi Broadband strongly recommends that you back up all files prior to installation of service. If you do not back up all existing computer files, then you understand and accept the associated risks of such a decision such as loss of files, software, hardware, or data.

Magnifi Broadband reserves the right to change the rates and otherwise modify this agreement upon 15 days notice to you by posting notice of intent at www.Magnifi.net. The revised rates and/or terms will then be posted to the web site. Use of your Magnifi Broadband account after the effective date constitutes acceptance of the new terms and conditions.

Magnifi Broadband provides free technical support on your internet connection as part of its service. Should your internet connection stop working or not work consistently, a technician should be contacted via phone at 970-522-8107 or via email at [email protected]. If the technician is not able to assist you via phone, the computer (excluding monitor and peripherals) should be brought into the sterling office for technical evaluation. If the technician is not able to complete the internet connection repair, he will advise you what further steps to take. Magnifi Broadband is not responsible for any repair charges incurred.

These terms and conditions reflect the entire agreement of the parties and supersedes all prior oral and written agreements and understandings of the parties. These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Colorado and the United States of America. Revisions to the terms and conditions are posted on our website www.magnifi.net/legal/ and become effective immediately upon posting.

Your use of the service constitutes your acceptance of these terms and conditions and any revisions thereafter.