Acceptable Use Policy PDF Print E-mail

Telluride Helpdesk, LLC and its Placerville Wireless Network component (collectively, "PWN") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of PWN’s networks, systems, services, web sites and products (collectively, the "PWN Network and Services") by our customers and other users of the PWN Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the PWN Network and Services, Users consent to be bound by the terms of this AUP. Telluride Helpdesk, LLC reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the PWN Network and Services after such modification shall constitute acceptance of such modification.

Conditions of use.

 I (Your name here, as Subscriber),                                                                             , agree to use, and show such agreement by continued use of, the Placerville Wireless Network (PWN), provided by Telluride Helpdesk, LLC., (Provider).   I further agree to all following conditions/rules, which apply to all PWN subscribers:

  • PWN is a radio signal network fed by a T-1 data line operated by the Provider and supplied by Qwest Communications.
  • T-1 speeds can reach 1495kbps in testing, but realistic speed to your computer will vary from 200-1000kbps at any time.
  • Radio signal is not affected by weather, but is affected by interference from 2.4ghz cordless phones, metal objects, and unauthorized wireless access points broadcasting on conflicting channels.
  • We average 97% uptime but make no guarantees of future performance. It is your responsibility to report outage.
  • Terms on all accounts are NET15 with late fees of 20% per month after. There is a charge of 3.9% sales tax on hardware.

1)            Each subscriber in the network agrees to pay a monthly fee for use of high-speed access to the Internet. All plans are monthly. We no longer offer six-month plans.

a.       Single computer, wireless. Basic home use – $49.95/mo.

b.      Single computer with antenna equipment. Advanced home or small business use – $59.95/mo.

c.       Unlimited use. Multiple computers, networks, users – $89.95/mo.

2)            The monthly fee is subject to change upon 30 days notice to the subscribers.

3)            Each subscriber must provide thirty (30) days notice of their intent to cease using the network. Refunds of monthly fees will not be given for the month in which such notice is given.

4)            The Provider is not responsible for virus protection, security, identity theft, or other hazards inherent to internet access.  Subscribers agree to hold the Provider harmless for any computer virus, security breach or other unauthorized use or access of the subscriber’s computers or records. Each subscriber is responsible for obtaining and maintaining adequate firewall and virus protection software for all computers they operate on the network.

5)            Each subscriber is responsible for the network equipment specific to their location, including any mounted antennas, modems, routers, power supplies, etc., necessary for access to the network. The cost of maintaining, repairing or replacing network equipment specific to the subscriber’s location is the sole responsibility of the subscriber.

6)            All new equipment, including antennas, modems, routers, power supplies, etc., used to access the PWN must be approved by the Provider. Only equipment compatible with the network, and that does not interfere in any way with the use of the network by other subscribers is acceptable.

7)            The cost of maintaining, repairing or replacing the equipment involved in providing the internet signal to the PWN will be shared among the subscribers. In the event of a shared failure, such costs will be equally divided among the subscribers, to be paid in the month during which a failure occurs.

8)            Subscribers are participating voluntarily in the network and agree to avoid any activities that may interfere with the use and enjoyment of the network by other participants.

9)            Subscribers agree not to allow access to the PWN by individuals who are not paid subscribers. 

10)        Subscribers may not re-sell or use the network signal for any purpose not intended by the Provider.

11)        Provider reserves the right to refuse access to the PWN for any reason, including non-payment of monthly fees, creating computer virus or other security risks, other activities that are determined to interfere with the use and enjoyment of the network by all subscribers.

12)        New subscribers: One-time set-up fee for joining the network is $375 as of June 1, 2008. This set-up fee includes the cost of one antenna receiver and labor for installation.

13)        Subscriber signifies they have read and understand the Acceptable Use Policy on the following pages (also available online at http://telluridehelpdesk.com.

Suspension; Termination.

Any User which PWN determines to have violated any element of this AUP may be subject to a suspension or termination of service. PWN will suspend service for violation of the AUP on the most limited basis as PWN determines is reasonably practical under the circumstances to address the underlying violation. PWN will attempt to notify Customer prior to suspending service for violation of the AUP (which may be via email or any other notification); provided, however, PWN may suspend service without notice if PWN becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that exposes PWN to criminal or civil liability or that exposes the PWN network or PWN customers' network or property to harm. Such harm to a network may include, but is not limited to, risk of having an IP address placed on blacklists. PWN may take such further action as PWN determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and PWN shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from PWN’s exercise of its rights under this AUP.

Prohibited Conduct. 
In General.

The PWN Network and Services must be used in a manner that is consistent with the intended purpose of the PWN Network and Services and may be used only for lawful purposes. Users shall not use the PWN Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the PWN Network and Services or other PWN customers; or (c) that may expose PWN to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.

Inappropriate Content.

Users shall not use the PWN Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Qwest, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Intellectual Property.

Material accessible through the PWN Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the PWN Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the PWN Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.  

Harmful Content.
Fraudulent/Misleading Content.

Users shall not use the PWN Network and Services to transmit, distribute or store material that may be harmful to or interfere with the PWN Network and Services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

Users shall not use the PWN Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages.

Users shall not use the PWN Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email , where such emails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the PWN Network and Services. In addition, Users shall not use the PWN Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Third Party Rules; Usenet.
Inappropriate Actions.

Users may have access through the PWN Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.  

Responsibility for Content.

Users shall not use the PWN Network and Services to conduct activities that may be harmful to or interfere with the PWN Network and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the PWN Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. PWN will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

PWN takes no responsibility for any material created or accessible on or through the PWN Network and Services. PWN is not obligated to monitor such material, but reserves the right to do so. PWN will not exercise any editorial control over such material. In the event that PWN becomes aware that any such material may violate this AUP and/or expose PWN to civil or criminal liability, PWN reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. PWN further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that PWN deems responsible for the wrongdoing. Violations of this AUP may be reported by using the contact form.

Revised 7-10-07; updated October, 2008.