Acceptable Use Policy
PURPOSE · unWired Broadband's Internet Acceptable Use Policy (“AUP”) is designed to encourage fair and responsible use of all Internet resources, and discourage activities that degrade the usability of network services and infrastructure. It is designed to protect the security and privacy of the customer and the end users, and maintain the image and reputation of unWired Broadband as a responsive and responsible Internet Service Provider. All users of the Internet systems and services provided by unWired Broadband (“Services”), whether a customer of unWired Broadband (“Customer”), Customer's end users (“End Users”) or visitors on Customer's or End User's networks (“Visitors”) must comply with this AUP. unWired Broadband supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, unWired Broadband does 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 websites. However, in accordance with our Master Services Agreement, unWired Broadband may remove any materials that, in UnWired Broadband's sole discretion, may be illegal, may subject unWired Broadband to liability, or which may violate this AUP. unWired Broadband may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either Services and/or Customer's unWired Broadband account. This AUP should be read in conjunction with unWired Broadband's Master Services Agreement and other policies. This AUP defines the actions that unWired Broadband considers to be abusive and contrary to the spirit of the Internet. Such activities are to be consideredstrictly prohibited. If you are unsure whether any considered use or action is permitted, please call unWired Broadband Customer Care (559 261 4444).
PROHIBITED CONDUCT · All users of the Services are prohibited from engaging in the following conduct: (Illegal use - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) that, intentionally or unintentionally would constitute a criminal offence or give rise to civil liability, or would otherwise violate any applicable local, provincial, federal or international law, or any rules or regulations promulgated the reunder; a) Harm to minors - using the Services to harm, or attempt to harm, minors in any way; b) 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; c) Harassment - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) that harasses another; d) 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," and "chain letters"; e) Forgery or impersonation - adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information; f) Unsolicited commercial email / Unsolicited bulk email - using the Services to transmit any unsolicited commercial email or unsolicited bulk email, or any other activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, as well as using the Services to transmit non-authorized email relayed through any third party system; g) 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 unWired Broadband's 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; h) Copyright or trademark infringement - using the Services to transmit any material (by email, uploading, downloading, posting, or otherwise) or otherwise reproduce, distribute or provide access to information, software and other material 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; i) Collection of personal data - using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent; j) Reselling the services - reselling the Services without unWired Broadband's authorization pursuant to a Master Wholesale Services Agreement or otherwise; k) Network disruptions and unfriendly activity - using the Services for any activity which adversely affects the ability of other people or systems to use unWired Broadband's Services or the Internet, including "denial of service" (DoS) attacks against another network host or individual user, interference with or disruption of other network users, network services or network equipment; l) Account sharing - engaging in account sharing, including, without limitation, permitting third parties to use your Service account and password, or relaying your connection to other homes or facilities; or m) Harmful messages - using the Services to post or transmit any information or software which contains a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component.
CODE OF CONDUCT AND DISCLAIMERS · unWired Broadband is not responsible for: a) any loss Customer or End User suffers or any party claiming through or under Customer or End User, as a result of using the Services; b) accuracy or content of any Internet based service, web site or email access through the Services; c) the security or completion of any Internet or web based secure transaction servers or services; d) any software viewed, downloaded, executed or transmitted to or from Customer's site; e) any loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if Customer was not aware that any such loss would be incurred; f) any losses resulting from delays or interruption of Services, regardless of cause; or g) any losses or damages, including losses or damages to Customer's equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet. · unWired Broadband will not attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users of the Services. All domain name disputes will be dealt with in accordance the ICANN Domain Name Dispute Policy located at http://www.icann.org/dndr/udrp/policy.html. Network performance and connectivity outside of unWired Broadband's network is not guaranteed.
NETWORK CONDITIONS · Actual throughput of the customer connection may vary according to Customer equipment, network conditions and load; local unWired Broadband network conditions and load; Internet network conditions and load; and/or Ethernet transport overhead and limitations.
COMPLAINTS · In the event that unWired Broadband receives a complaint, unWired Broadband will investigate the complaint and in unWired Broadband's discretion, may suspend or terminate services to the account(s) involved. unWired Broadband may also remove the subject material from its servers, and will notify Customers of these actions once taken.
MONITORING · unWired Broadband has no obligation to monitor the Services. However, in order to protect itself, unWired Broadband reserves the right to monitor any and all communications and activity through or with the Internet services to ensure adherence to the terms and conditions of this AUP. unWired Broadband may from time to time disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as is necessary to operate the Service or to protect itself or others.
CUSTOMER'S RESPONSIBILITIES · Customers are responsible for the actions and the consequences of their own employees, officers, directors and agents. Furthermore, by accepting Internet services from unWired Broadband, Customer also undertakes the responsibility to monitor and uphold this AUP with respect to the activities of their End Users and their End Users' customers. · Customer is responsible for all charges incurred by others to whom Customer has given its username and/or password and all charges incurred by a person who has obtained Customer's username and/or password prior to such Customer's notification to unWired Broadband. · Customers may not attempt to violate or bypass any user or system authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, unauthorized access of unWired Broadband's or a third party's network, data or information, including (a) accessing data not intended for Customer; and (b) logging onto a server or account Customer is not expressly authorized to access. · Customers may not use registered IP space other then the IP space assigned to them by unWired Broadband unless such IP space has been expressly permitted by unWired Broadband, in a written agreement. In addition, faking or forging an IP address other than the ones assigned or agreed to by unWired Broadband is strictly prohibited. · Outside of their allotted IP space, Customers agree to take every reasonable means to prevent their local IP space or subnets from `leaking' out onto the unWired Broadband network. · Customer agrees to abide by the restrictions established by Usenet with respect to individual newsgroups and newsfeeds. · Customer agrees that the Internet is not to be considered a secure communications medium and that no expectation of privacy is afforded. Customer agrees that unWired Broadband cannot guarantee privacy and that Customer's messages may be the subject of unauthorized third party interception and review. unWired Broadband therefore recommends that the Services not be used for the transmission of confidential information. Any such use shall be at the Customer's sole risk and unWired Broadband, its affiliates and its agents shall be relieved from all liability in connection therewith. · It is Customer or End User's responsibility to ensure that their network is configured in a secure manner. A Customer or End User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer 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. · End users are prohibited from interfering with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
WEB HOSTING · Customers that contract with unWired Broadband's Web hosting services are responsible for the content and accuracy of their web sites. Customers are responsible for obtaining all required legal permissions for the use of such content. Customers are responsible for the publication of any defamatory, pornographic, confidential, secret or proprietary material posted on their web-site. unWired Broadband reserves the right to refuse to post or remove any material, in whole or in part, that violates this AUP from any unWired Broadband server without notice. Customers are expected to check any CGI or other programming scripts used in their web pages for potential `buffer-overrun' security risks. Customers are responsible for any loss of information or down time as a result of not checking for these types of security risks.
CONTENT · Customer acknowledges that some content, products or services available with or through the Services (“Content”) may be offensive or may not comply with applicable laws. Customer understands that neither unWired Broadband nor any of its affiliates attempt to censor or monitor any Content. Customer also acknowledges that neither unWired Broadband nor any of its affiliates have any obligation to monitor Customer's use of the Service and, except as provided herein, have no control over such use. The Customer understands, however, that such Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Service. Customer assumes total responsibility and risk for access to or use of Content and Customer's use of the Service and the Internet. unWired Broadband and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to Customer's access to or use of Content.
VIOLATIONS · unWired Broadband considers the above practices to constitute abuse of the Service. unWired Broadband may take any one or more of the following actions in response to a violation to this AUP: issue warnings: written or verbal; suspend Customer's account; terminate Customer's account; bill Customer for administrative costs and/or reactivation charges; and/or bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
unWired Broadband reserves at all times all rights and remedies available to it with respect to any activities that violate this AUP at law or at equity. REVISIONS TO THIS ACCEPTABLE USE POLICY unWired Broadband reserves the right to revise, amend, or modify this AUP, and unWired Broadband's other applicable policies, if any, at any time and in any manner. Notice of any revision, amendment, or modification will be posted at www.unwiredbb.com and in accordance with the Master Services Agreement.
Copyright and Digital Millennium Copyright Act Requirements
unWired is committed to complying with U.S. copyright and related laws, and requires all customers and users of unWired’s internet service (the “Services”) to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services (or any part of the Services) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is unWired's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Services provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who unWired, in its sole discretion, believes is infringing these rights. unWired may terminate the Services at any time with or without notice for any affected customer or user.
How copyright owners may report alleged infringements to unWired
Copyright owners may report alleged infringements of their works that are stored on the Services or the Personal Web Features by sending unWired's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon unWired's receipt of a satisfactory notice of claimed infringement for these works, unWired will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Services or the Personal Web Features or (ii) disable access to the work(s). unWired will also notify the affected customer or user of the Services of the removal or disabling of access to the work(s).
Copyright owners may send unWired a notification of claimed infringement to report alleged infringements of their works to:unWired Broadband/DMCA Notifications215 W. Fallbrook Ave. Suite 124Fresno, CA 93711Phone: 559.261.4444Email: email@example.com
Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to unWired, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
Customers receiving notice of infringement
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to unWired. Upon unWired's receipt of a counter notification that satisfies the requirements of DMCA, unWired will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that unWired will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with unWired's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.