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1. Introduction
WISP Networks' Acceptable Use Policy is intended
to help enhance the use of the Internet by preventing
unacceptable use. All users of WISP Networks' Internet Services
must comply with this policy. We support the free flow of
information and ideas over the Internet and do not actively
monitor use of the Services under normal circumstances.
Similarly, we do not exercise editorial control over the content
of any Web site, electronic mail transmission, news group, or
other material created or accessible over or through the
Services, except for certain proprietary Web sites. However, in
accordance with our Internet Service Agreement we may remove any
materials, that in our sole discretion, may be illegal, may
subject us to liability, or which may violate this Acceptable
Use Policy. WISP Networks may cooperate with legal authorities
and/or third parties in the investigation of any suspected or
alleged crime or civil wrong. Your violation of this Acceptable
Use Policy may result in the suspension or termination of either
your access to the Services and/or your WISP Networks account.
This Acceptable Use Policy should be read in conjunction with
our Internet Service Agreement and other policies. If you do not
agree to comply with all of our policies, you must immediately
stop use of the Service and notify WISP Networks so that your
account may be closed.
2. Violations of WISP Networks' Acceptable Use
Policy
The following constitute violations of this
Acceptable Use Policy:
a. Illegal Use. Using the Services
to transmit any material (by email, uploading, downloading,
posting or otherwise) that, intentionally or unintentionally,
violates any applicable local, state, national or international
law, or any rules or regulations promulgated there under.
b. Harm to Minors. Using the
Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to
transmit any material (by email uploading, downloading, posting
or otherwise) that threatens or encourages bodily harm or
destruction of property.
d. Harassment. Using the Services
to transmit any material (by email, uploading, downloading or
otherwise) that harasses another.
e. Sexually Explicit Material.
Using the Services to transmit any material (by email,
uploading, downloading or otherwise) that contains explicit or
graphic descriptions or accounts of sexual acts including but
not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals.
f. Discrimination. Using the
Services to discriminate against, victimize, harass, degrade or
intimidate an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age or
disability.
g. Libel or Defamation. Using the
Service to make libelous or defamatory remarks about another
person or entity.
h. Fraudulent Activity. Using the
Services to make fraudulent offers to sell or buy products,
items or services or to advance any type of financial scam such
as "pyramid schemes," "Ponzi schemes,", "chain letters," and
other forms of business fraud.
i. Forgery or Impersonation. You
may not impersonate any person or entity, including any employee
or representative of WISP Networks. Adding, removing or
modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate any
person or entity by using forged headers or other identifying
information is prohibited.
j. Unsolicited Commercial
Email/Unsolicited Bulk Email. Using the Services to
transmit any unsolicited commercial email or unsolicited bulk
email (also known as "Spamming"). Users may not transmit such
email even if the transmission provides an electronic email
address to which the recipient may send a request for declining
such electronic mail. Activities that have the effect of
facilitating unsolicited commercial email or unsolicited bulk
email whether or not that email is commercial in nature, is
prohibited.
k. Unauthorized Access. Using the
Services to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security
measures of WISP Networks' or another entity's computer software
or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results
in the corruption or loss of data.
l. Copyright or Trademark Infringement.
Using the Services to transmit any material (by email,
uploading, downloading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret, or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization
and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of
copyrighted software.
m. Collection of Personal Data.
Using the Services to collect or attempt to collect, personal
information about third parties without their knowledge or
consent. All Users further agree they will not attempt to
collect or use any personal information from a minor (anyone
under 18 years old) without appropriate prior verifiable
parental consent.
n. Reselling the Services. Reselling the Services without WISP
Networks' authorization. The Services are for your use only.
o. Network Disruptions and Unfriendly
Activity. Using the Services for any activity, which
adversely affects the ability of other people or systems to use
WISP Networks' Services or the Internet. This includes "denial
of service" attacks against another network host or individual
user. Interference with or disruption of other network users,
network services or network equipment is prohibited. This
includes but is not limited to software viruses or any other
computer code, files or programs that are designed or intended
to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or damage or obtain
unauthorized access to any data or information of any third
party. It is the User's responsibility to ensure that their
network is configured in a secure manner. A User may not,
through action or inaction, allow others to use their network
for illegal or inappropriate actions. A User may not permit
their network, through action or inaction, to be configured in
such a way that gives a third party, the capability to use their
network in an illegal or inappropriate manner.
p. News. WISP Networks' Users
should use their best judgment when posting to any newsgroup.
Many groups have charters, published guidelines, and FAQ's or
community standards describing what is and is not considered
appropriate. The continued posting of off-topic articles is
prohibited. Commercial advertisements are off-topic in most
newsgroups.
q. Excessive Bandwidth Use. Using
excessive bandwidth beyond the allotted web space, use of
servers other than WISP Networks' servers and hosting websites
which are not hosted by WISP Networks. WISP Networks reserves
the right to monitor bandwidth use of its customers and may
suspend or terminate the account of any customer using excessive
bandwidth, servers other than WISP Networks or hosting websites
which are not hosted by WISP Networks. If a customer exceeds
their allotment of traffic, WISP Networks may suspend or
terminate use of the services immediately.
r. Compromising Security.
Using or distributing tools designed or used for compromising
security, which includes but is not limited to: password
guessing programs, decoders, password gatherers, analyzers,
cracking tools, packet sniffers, encryption circumvention
devices, or Trojan Horse programs. Network probing or port
scanning tools are only permitted when used in conjunction with
a residential home network, or if explicitly authorized by the
destination host and/or network. Unauthorized port scanning, for
any reason, is strictly prohibited.
s. Network content or services to others.
Running programs or servers from a customer's premises which
provide network content or any other services to others.
Examples include but are not limited to: peer-to-peer file
sharing, mail, ftp, http, game, newsgroup, proxy, IRC servers
and multi-user interactive forums.
3. Reporting Violations of WISP Networks' Acceptable Use Policy
WISP Networks requests that anyone who believes that there is a
violation of this Acceptable Use Policy please report such
information to WISP Networks Internet Services Customer Service,
7340 SW 48th Street - Suite 107A, Miami, Florida 33155.
WISP Networks may take any one or more of the following actions
in response to complaints:
- Issue warnings: written or verbal
- Suspend a customer's newsgroup posting privileges
- Suspend a customer's account
- terminate a customer's account
- bill a customer for administrative costs and/or reactivation
charges
- bring legal action to enjoin violations and/or to collect
damages, if any, caused by violations
- report any violations to the appropriate legal authorities
4. Indemnification
You agree to indemnify, defend and hold harmless WISP Networks
Internet Services, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Acceptable Use Policy by you. Each of
these individuals or entities shall have the right to assert and
enforce the provisions directly against you on its own behalf.
This provision shall survive the termination of your service.
5. Modifications to this Acceptable Use Policy
WISP Networks reserves the right to modify or amend this
Acceptable Use Policy, our Terms of Service and our other
policies and agreements at any time and in any manner. Notice of
any modification or amendment will be posted and/or distributed
in accordance with the Internet Service Agreement.
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