 WiMAX Express Coverage Area
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IN
ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO ENSURE THE INTEGRITY OF WIMAX
EXPRESS COMMERCIAL HIGH-SPEED INTERNET ACCESS (“SERVICE”), WIMAX EXPRESS HAS
ADOPTED THIS ACCEPTABLE USE POLICY. PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY PERSON, ENTITY OR BUSINESS ORGANIZATION THAT 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 TERMINATE THE CUSTOMER’S SERVICE WITHOUT NOTICE, AT WIMAX EXPRESS’S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S SERVICE, 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. 1. USE The commercial high-speed Internet access service provided to the Customer is being provided solely for use in Customer’s business and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and relieves WiMAX Express of any affirmative obligations it may have. Customer will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access. WiMAX Express reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service. 2. END USERS Customer is responsible for ensuring that all end users of the Service comply with this AUP. WiMAX Express may disconnect Service if an end user violates this AUP. The Customer must make contact information publicly available, and must respond in a timely manner to any complaints. WiMAX Express shall consider any complaints regarding the Customer’s end users to apply to the Customer. Customer is responsible for any and all e-mail addresses associated with the Customer’s account. The Customer is responsible for any misuse of the Service, whether by authorized or unauthorized end users. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service. If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. 3. NO ILLEGAL OR FRAUDULENT USE Customer will not use, nor allow others to use, the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children’s Online Privacy Protection Act). Customer will not use, nor 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. 4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person, entity or business organization. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. WiMAX Express is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify WiMAX Express if they believe a WiMAX Express customer has infringed the copyright owner’s work(s). If WiMAX Express receives a notice from a copyright owner alleging a Customer has committed copyright infringement, WiMAX Express will notify the Customer of the alleged infringement. If WiMAX Express receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” WiMAX Express reserves the right to terminate the accounts and access to the Service of repeat copyright infringers. 5. NO THREATS OR HARASSMENT Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity. 6. NO HARM TO MINORS Customer will not use, nor 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. 7. NO “SPAMMING" Customer will not use, nor 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. This prohibition against spamming is applicable to mass mailings by Customers in conjunction with third parties and is designed to maintain Service quality for all Customers. Mass mailings are those sent to more than 150 recipients by Customer or in conjunction with a third party to any group of recipients. Customer is responsible for maintaining confirmed opt-in records and must provide them to WiMAX Express upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily. 8. NO “HACKING" Customer will not use, nor 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. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. 9. NO SYSTEM DISRUPTION Customer will not use, nor allow others to use, the Service to disrupt WiMAX Express's network or computer equipment owned by other WiMAX Express customers. Any static IP address must be authorized and provisioned by WiMAX Express. Customer also agrees that Customer will not use, nor 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. 10. NO IMPERSONATION OR FORGERY Customer will not impersonate, nor 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. Customer will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service. 11. NO ABUSE OF NEWSGROUPS Customer will not post, nor allow others to post, a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender. 12. 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 Express network infrastructure for Internet access or other functions using public network resources, WiMAX Express may at any time and without notice, suspend excessive bandwidth capability, suspend Customer’s access to the Service, require Customer to pay additional fees in accordance with WiMAX Express’s then-current, rates for such service, or terminate Customer’s account. 13. NO “VIRUSES” Customer will not use, nor allow others to use, the Service to transmit computer “viruses,” worms, “Trojan horses” or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software. 14. 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. 15. REVISIONS TO POLICY WiMAX Express reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this Policy may be given by posting such changes to WiMAX Express’s homepage (www.wimaxexpress.com, by electronic mail or by conventional mail.
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