Starry Business Acceptable Use Policy
Updated: April 19, 2024
Starry, Inc. (“Starry,” “we,” or “us”) has adopted this Acceptable Use Policy (this “Policy”) to define the scope of prohibited activities relating to the use of Starry’s business services, including, but not limited to, broadband Internet access services (the “Services”) by business customers of Starry (“Customers”) and by users that have gained access to the Services through Customer accounts, including without limitation employees, contractors, customers and/or guests (“Users”). As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. In addition, “Starry Network” includes, without limitation, Starry’s transmission network, including all equipment, systems, facilities, services, and products incorporated or used in such transmission network, and “Starry Equipment” includes all Starry equipment provided to you in connection with your use of the Services.
Starry reserves the right to modify this Policy at any time with or without notice, effective immediately upon posting of the modification. Any such modifications shall be effective and applied prospectively from the date of posting. Your use of the Services constitutes your acceptance of this Policy in effect at the time of your use.
By using the Services, you acknowledge that you are responsible for compliance with this Policy, including for violations of this Policy by any User that accesses the Services through your account. This Policy applies to all aspects of the Starry Network and Services. In situations where data communications are carried across networks of other Internet Service Providers (“ISPs”), Users of the Starry Network must also conform to the applicable acceptable use policies of such other ISPs.
Prohibitions on Use
You may not make any use of the Services, Starry Network or Starry Equipment that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Services or Starry Network by others. These prohibited uses and activities include, but are not limited to, the following prohibited activities:
- Illegal Activity. The Services and Starry Equipment shall at all times be used in compliance with all applicable laws. Accordingly, Starry prohibits the use of the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation, including, where applicable, any tariff or treaty. This prohibition includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. Also, engaging in activity that violates privacy, publicity, or other personal rights of others is prohibited.
- Unauthorized Access/Interference. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (known as “hacking”) is prohibited. Also, any activity that might be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan, or other information gathering activity) is prohibited. A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of, any portion of the Starry Network. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Starry Network. A User may not use the Services to monitor any data, information or communications on any network or system without appropriate authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
- Unsolicited Commercial Email/Spamming/Mailbombing. The Services may not be used to transmit unsolicited bulk commercial email messages or to deliberately send excessively large attachments to one recipient. In addition, Starry prohibits the use of the Services for any “spamming” or “mailbombing” activities. Use of the service of another provider to send unsolicited bulk commercial email, spam, or mailbombs, to promote a site hosted on or connected to the Starry Network is similarly prohibited. Likewise, a User may not use the Services to collect responses from mass unsolicited email messages. Users shall not use the Services to send email messages that are (i) excessive and/or intended to harass or annoy others, (ii) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (iii) send emails with forged TCP/IP packet header information, or (iv) send malicious email. Customers may not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest email addresses from the Internet for that purpose. In addition, Customers may not sell or distribute lists of harvested email addresses for the purpose of “opt-out” email. Starry may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.
- Spoofing/Fraud. Starry prohibits Users from intentionally or negligently injecting false data into data transmissions, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send email messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User’s identity in connection with use of the Services is also prohibited. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message and forging or misrepresenting any data with false or misleading content is prohibited.
- Exploitation of Vulnerabilities in Hardware or Software for Malicious Purposes. Exploitation of scripts presented on web pages (i.e., forms for answering questions or entering data) is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Starry Network or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (i.e., DDOS, SYN Floods or similar attacks) are prohibited.
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Sending Internet viruses, worms, Trojan horses, flooding, mail bombing, or denial of service attacks, or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited. Also, activities that disrupt the use of, or interfere with the ability of others to effectively use, the Starry Network or any connected network, system, service, or equipment is prohibited.
- Facilitating a Violation of this Policy. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software, is prohibited.
- Phishing. Simulating communications from and/or to a website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
- Pharming. Using malware, DNS cache poisoning, or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
- Life Safety Devices and Systems Alarm or Security Systems. Using the Services, Starry Equipment or the Starry Network in connection with, or to provide access to the Internet for, life-safety, fire, or emergency communication devices or systems requiring fail-safe performance or in which a delay or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment (collectively, “Life Safety Devices and Systems”) is prohibited. Life Safety Devices and Systems include audible and visual signals (e.g., bells, horns, speakers, and strobes); automatic detectors for fire protection and other life safety hazards (e.g., heat, smoke, flame, gas, and biohazards); paging systems and devices, including coded sound and visual type; smoke, carbon monoxide, and combination alarms; access control systems; elevator monitor status systems and elevator VoIP call systems; first responder interface systems; and mass notification systems. You are solely responsible for any failure of Life Safety Devices and Systems, or any WiFi enabled device connected to the Services, in the event the Services are delayed or interrupted.
- Starry Equipment. Modifying or tampering with the Starry Network, Starry Equipment or any configuration provided by Starry in any manner other than as expressly authorized by Starry is prohibited.
- Other Prohibited Activities. Starry prohibits Users from using the Starry Network, Starry Equipment or Services for any of the following activities:
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services, including without limitation for the purpose of exceeding any agreed upon bandwidth limitations on the Customer’s account;
- Modifying, sub-licensing, adapting, translating, reverse engineering, selling, disassembling, or decompiling any portion of the Services;
- Reselling, redistributing, reproducing, copying, or transferring your access to, or use of the Services, or any portion of the Services, without Starry’s express written authorization;
- Using or configuring static IP addresses except as assigned by Starry;
- Engaging in ‘robocalling’ or continuous or extensive call forwarding or long distance abuse, or using autodialers, power dialers, any type of automatic outbound dialing or predictive calling/dialing system, or the functional equivalent of any of these systems;
- Removing, altering, or obscuring any copyright, trademark or other startup messages or proprietary notices from the Services;
- Impersonating Starry (including any officer or employee), any User of the Services, or any other person or entity;
- Violating your agreement with Starry (or its affiliate) for the Services or any other applicable policy maintained by Starry, including without limitation Starry’s Privacy Notice located at http://268297.com/legal/privacy (or any successor URL) (“Privacy Notice”);
- Any activity that can reasonably be considered contrary to Starry’s goodwill, public image, or overall reputation;
- Any activity that disrupts, degrades, harms, or threatens to harm the Starry Network or the Services; and
- Any other inappropriate activity or abuse of the Services (as determined by Starry in its sole discretion), whether or not specifically listed in this Policy. The prohibited activities set forth above are not an exhaustive list and Starry reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this Policy or otherwise harmful to Starry’s Network, Starry’s Customers, or their Users.
User and Customer Responsibilities
Each User is responsible for taking all appropriate security measures when using the Services, including measures to prevent damage from viruses, malware, or other similar malicious items, and must take all reasonable steps to protect his or her account from unauthorized access. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services. Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network.
Customer agrees to be responsible for any use or misuse of the Services that violates this Policy by any User or third party who accesses the Services through Customer’s account. Customer’s responsibility also includes all charges associated with the fraudulent use of the Services either by Customer, its authorized Users, or any other users who gain access to the Customer’s account, the Starry Equipment, or any Customer equipment, including, but not limited to, any unauthorized users, who are able to “hack” or gain unauthorized access to Customer’s network or equipment. Customer shall immediately notify Starry of any unauthorized use of their account or any other breach of security by any User or third party. If you become aware of any violation of this Policy by any person, including Users that have accessed the Services through your account, you are required to notify Starry. Users are responsible for notifying Starry immediately if they become aware of an impending event that may negatively impact the Starry Network. In all cases, you are solely responsible for the security of any device you connect to the Services, including third party-devices that provide or include any communications services, including any data stored or shared on that device. Customer shall also be solely responsible for (i) all security or surveillance equipment and systems, including any installation, inspection, maintenance, testing or monitoring relating thereto, (ii) ensuring the compatibility of the Services with any such equipment and systems, and (iii) ensuring there is battery back-up (including requesting a replacement battery upon battery exhaustion) for any such systems connected to the Services.
DMCA Policy
Customers, Users and copyright owners should refer to the Starry DMCA Policy to learn more about how Starry handles notifications of alleged copyright infringement and its repeat infringer policy.
Customer agrees that it is solely responsible for preventing Users from engaging in copyright infringement in connection with the Services, and for complying with all notices and requests pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3) (“DMCA”). Customer agrees to have a process for expeditiously complying with and responding to DMCA take-down notices. Upon reasonable request by Starry, Customer agrees to furnish to Starry information that reasonably demonstrates Customer’s policies, procedures and practices for addressing DMCA violations in connection with its use of the Services and the personnel responsible for DMCA compliance.
Responsibilities of Resellers and Downstream Service Providers
Some Customers may be ISPs or other resellers (collectively, “Resellers”) and their Users may be their customers that receive Internet connectivity from such Resellers though Starry. Such Resellers are responsible for imposing this Policy, or a substantially similar acceptable use policy, on their customers and for enforcing its restrictions with regard to its customers’ actions. Starry may forward complaints about customers of a Reseller to such Reseller for resolution. If at any time Starry determines that a Reseller is not taking appropriate action in accordance with this Policy, Starry shall work with such Reseller to review their policies and enforcement procedures and such Reseller shall cooperate with Starry in connection therewith. If the Reseller continues to fail to take appropriate action, Starry will take any action, as it deems appropriate, up to and including suspension of the Services of the offending Reseller customer or, if such offending Reseller customer cannot be determined, the Reseller.
Enforcement
Neither Starry nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions made on the Starry Network. However, Starry and its affiliates, suppliers, and agents have the right to monitor such transmissions for violations of this Policy and to disclose, block, or remove User transmissions in accordance with this Policy and applicable law. Starry reserves the right to suspend and/or terminate a Customer’s Services or a User’s access to the Services in the event that a User engages in conduct which Starry, in its sole discretion, determines is in violation of this Policy or is otherwise illegal or improper. Starry generally will attempt to notify you of any activity which it deems to be in violation of this Policy and will request that you take whatever steps are necessary to cause the offending User to cease such activity. However, in cases where the Services provided by Starry to other Users or the operation of the Starry Network is threatened, or in cases involving unsolicited bulk commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of the Services, harassment or copyright infringement, Starry reserves the right to suspend or terminate your Services or the User’s access to the Services without notification. In addition, Starry may take any other appropriate action against you or a User for any violation of this Policy, which may include, but is not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Customer for administrative costs and/or reactivation charges, or bringing legal action to enjoin violations and/or to collect damages, if any, caused by User violations. Starry also reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. STARRY DOES NOT HAVE ANY LIABILITY TO ANY PARTY, INCLUDING YOU, FOR ANY VIOLATION OF THIS POLICY. YOU HEREBY INDEMNIFY, WAIVE, AND HOLD HARMLESS STARRY, ALONG WITH STARRY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS OR ENFORCEMENT OF THIS POLICY BY STARRY OR IN CONNECTION WITH VIOLATIONS OF THIS POLICY BY LAW ENFORCEMENT.
Starry will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity on the Starry Network. Starry reserves the right to disclose customer information to the extent authorized or required by federal or state law. In those instances involving child pornography, Starry may comply with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies. Starry reserves the right to charge fees arising from management or handling of complaints related to alleged violations of this Policy.
Starry reserves the right to install and use, or to have you install and use, any appropriate devices to detect and prevent violations of this Policy, including devices designed to filter or terminate access to the Services. By accepting and using the Services, you consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.
Reporting Violators
Starry requests that any User who believes that a violation of this Policy has taken place should report the alleged violation to Starry promptly. Such report shall be sent to legal@268297.com. Please include all applicable information that will assist Starry in investigating the complaint. In most cases, we will notify our Customer(s) of complaints we receive regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.
Privacy
Subject to the Starry Privacy Notice, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Services or over the Starry Network, including any data or information transmitted via any server designated as “secure.” In addition, Starry may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
Additional Terms and Conditions
The use of the Services and the Starry Network by a Customer is subject to the terms and conditions of any agreements entered into by such Customer and Starry. This Policy is incorporated into such agreements by reference.
Questions
If you have any questions regarding this Policy, please contact us at:
Mailing address:
Starry, Inc.
38 Chauncy St, 2nd Floor
Boston, MA 02111
Email: legal@268297.com