ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY OF WIMAX
EXPRESS INTERNET SERVICE, INCLUDING BUT NOT LIMITED TO ANY SERVICE FEATURES THAT MAY BE
AVAILABLE (E.G., ELECTRONIC MAIL, PORTAL COMPONENTS, VIDEO MAIL, HOME NETWORKING, ETC.)
AND ANY EQUIPMENT USED TO PROVIDE WIMAX EXPRESS INTERNET SERVICE, WIMAX EXPRESS HAS
ADOPTED THIS ACCEPTABLE USE POLICY (POLICY). THIS POLICY, INCLUDING ITS USE
RESTRICTIONS, IS IN ADDITION TO THE RESTRICTIONS CONTAINED IN THE WIMAX EXPRESS INTERNET
PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. WIMAX EXPRESS RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE CUSTOMERS ACCOUNT WITHOUT NOTICE, AT WIMAX EXPRESS SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMERS ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. WIMAX EXPRESS ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT WIMAX EXPRESS'S SOLE DISCRETION WITHOUT PRIOR NOTICE.
BY USING THE SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE OTHERS USING THE SERVICE THROUGH CUSTOMERS ACCOUNT TO ABIDE BY, THE TERMS OF THIS AUP. WIMAX EXPRESS REGULARLY UPDATES AND AMENDS THIS AUP AND CUSTOMER SHOULD CONSULT WIMAX EXPRESSS WEBSITE TO BE SURE CUSTOMER REMAINS IN COMPLIANCE. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE WIMAX EXPRESS CUSTOMER SERVICE DEPARTMENT SO THAT CUSTOMERS ACCOUNT MAY BE CLOSED. CUSTOMERS CONTINUED USE OF THE SERVICE WILL CONSTITUTE CUSTOMERS ACCEPTANCE OF AND AGREEMENT TO THIS POLICY AND ANY POSTED AMENDMENTS TO THIS POLICY.
The Service is designed for personal and family use within a single household. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term single household means the Customers home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. The Service is being provided solely for use in Customers household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves WiMAX Express of any affirmative obligations it may have, and is in violation of this Policy. Customer is responsible for any misuse of the Service that occurs through Customers account whether by a member of Customers household or an authorized or unauthorized third-party.
Customer may not establish a web page using a server located at Customers home. Customer will not use, or allow others to use, Customers home computer as a web server, FTP server, file server or game server or to run any other server applications or to provide network or host services to others via WiMAX Express's network. Customer will not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including but not limited to, IP address translation or similar facilities intended to provide additional access. Customer will not advertise that the Service is available for use by third parties or unauthorized users. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including but not limited to wireless technology.
WiMAX Express reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate Service for failure to comply with any portion of this provision or this Policy, without prior notice. WiMAX Express owns any and all email addresses associated with the Service, and reserves the right to reclaim any such email address at any time and for any reason. Any violation of this Policy may lead to prosecution under state and/or federal law.
2. NO ILLEGAL OR FRAUDULENT USE
Customer will not use, or allow others to use, the Service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity, including, but not limited to, the Childrens Online Privacy Protection Act, posting or transmitting child pornography or obscene material, gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or by exporting software or technical information in violation of U.S. export control laws. Customer will not use, or allow others to use, the Service to commit a crime, act of terrorism or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other items of value.
3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT
Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Customer must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. WiMAX Express assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.
4. NO THREATS, HARASSMENT OR TORTUOUS CONDUCT
Customer will not use, or allow others to use, the Service to post or transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, libels, defames, slanders, or otherwise constitutes tortuous conduct.
5. NO HARM TO MINORS
Customer will not use, or allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors.
6. NO SPAMMING"
Customer will not use, or allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation (spamming). WiMAX Express reserves the right, in WiMAX Express's sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. Forging, altering, or removing electronic mail headers is prohibited. Deceiving any recipient as to the identity of the sender through any process is prohibited. Customer may not, or allow others to, reference WiMAX Express or the WiMAX Express network in any email in an attempt to mislead the recipient.
7. NO HACKING"
Customer will not use, or allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (hacking) or to cause a disruption of the Service to other on-line users. This includes, but is not limited to, achieving or attempting to achieve, or assisting others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, wireless network, software, data, information, or any other proprietary material. Customer will not use, or allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. In addition, Customer will not participate in, or allow others to participate in, the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice known as spidering or harvesting, or participate in the use of software (including adware or spyware) designed to facilitate this activity.
8. NO SYSTEM DISRUPTION
Customer will not use, or allow others to use, the Service to disrupt WiMAX Express's network or computer equipment owned by WiMAX Express or other WiMAX Express customers. This includes, but is not limited to, improperly interfering with, inhibiting, degrading, or restricting the use and operation of the Service by others, sending excessive data transfers (as determined in WiMAX Expresss reasonable discretion) for the package or tier of service to which Customer subscribes or modifying or altering in any manner any modem or modem configuration so as to allow its use beyond the parameters outlined by the specific level of service to which Customer subscribes. Any static or dynamic IP address must be authorized and provisioned by WiMAX Express. Altering any IP address provisioned by WiMAX Express or otherwise cloning another users IP address is prohibited. Customer also agrees that Customer will not use, or allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.
In addition, Customer will not, or allow others to, alter, modify, service or tamper with the WiMAX Express Equipment or Service or permit any other person to do the same who is not authorized by WiMAX Express.
Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. WiMAX Express recommends that Customer take appropriate security precautions for any systems connected to the Service. Customer is responsible for securing any wireless (WiFi) networks connected to the Service. Any wireless network installed by Customer or a WiMAX Express representative that is unsecured or open and connected to the WiMAX Express network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth in Section 1 above.
10. NO IMPERSONATION OR FORGERY
Customer will not, or allow others to, impersonate another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists, or knowingly or unknowingly create or use an email address that has the effect of being misleading. Customer will not, or allow others to, forge, alter, or remove any message header of any electronic transmission, originating or passing through the Service. Customer will not, or allow others to, forge anyone elses digital or manual signature.
11. NO ABUSE OF NEWSGROUPS
12. USE OF CHAT ROOMS AND SIMILAR INTERACTIVE PROGRAMS
Customer will not, or allow others to, participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet (Chat Rooms) that Customer or a person using Customers service has been banned from using. Customer will not, or allow others to, violate the Acceptable Use Policy of the server or Chat Room. In addition, Customer will not, or allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as bots or clones to participate in Chat Rooms unless Customer is physically present at Customers computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that Customer is not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide Customers identity.
13. NO EXCESSIVE USE OF BANDWIDTH
If WiMAX Express determines, in WiMAX Express's sole discretion, that Customer is using an excessive amount of bandwidth over the WiMAX network infrastructure for Internet access or other functions using public network resources, WiMAX Express may adjust, suspend or terminate Customers account at any time and without notice, or require Customer to upgrade Customers service level and pay additional fees in accordance with WiMAX Expresss then-current, applicable, published rates for such Service.
14. NO VIRUSES
Customer will not use, or allow others to use, the Service to transmit computer viruses, worms, Trojan horses, denial of service attacks or other harmful software programs or information containing any lock, key, bomb, worm, cancelbot, or other harmful feature. Customer will use standard practices to prevent the transmission of such viruses, or other harmful software and information. As software or other content downloaded from the Service may contain viruses, it is Customers sole responsibility to take appropriate precautions to protect Customers computer from damage to its software, files and data.
15. RIGHT TO MONITOR
Neither WiMAX Express nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmission as well as materials available on the personal web pages and online storage features) made on the Service. However, WiMAX Express and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.
16. OTHER SERVICE PROVIDERS ACCEPTABLE USE POLICIES
WiMAX Express obtains services from and relies upon many other entities to provide the Service to Customer. Where Customer accesses services of other entities through the Service, Customer agrees to and shall abide by the publicized acceptable use policies of such other known entities.
17. NO WAIVER
The failure by WiMAX Express or its affiliates to enforce any provision of this AUP shall not be construed as a waiver of any right to do so at any time.
Acceptable Use Policy, Effective August, 2006