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Month to Month Broadband Terms of Service Agreement This Agreement between the client referred to as “user” and Wireless Internet Now LLC, a Wireless Internet Service Provider referred to as “Provider” in this agreement. By accessing the internet via the Provider’s network, the Users’ acceptance of this Agreement constitutes acceptance of the Agreement to the terms and conditions set forth below.
Section 1 - Services User agrees to purchase broadband Internet access service (“Service) from Provider. Services provided by Provider are for the sole use of the User and not for resale of any kind without the prior written consent of Provider. Provider may, at its sole discretion, increase fees associated with the Service or terminate the Service as allowed under this Agreement and further set forth below.
Section 2 - Billing User agrees to pay all charges billed to User’s account, including applicable taxes in accordance with billing terms in effect at the time the fee or charge becomes payable. Recurring monthly fees are due and payable in advance of the first day of each monthly billing period for which the User has purchased Service. (Due no later than the 15th of each month.) All fees must be paid by credit card (Visa, MasterCard, or Discover) or automatic withdrawal of payment from checking or savings account. User may also request to have payment sent automatically to Provider using online banking or request to send a check via mail. User agrees to pay a $25 fee for processing rejected credit card charges. User agrees to pay a $50 fee for returned checks. This fee will be payable for each such occurrence. The initial payment may include non-recurring installation and activation charges. Delinquent accounts are subject to immediate termination or suspension of Service. When a User’s account is considered delinquent, User will be subject to a suspended or disconnected service due to non-payment, a reconnect/late fee of up to $35 for each such occurrence will be applicable in addition to the normal recurring fees.
Section 3 -Term Primary Term. The primary term (“Initial Term”) of this Agreement will be Month To Month, and the terms of this Agreement shall commence on the “Effective Date” as defined in Wireless Internet Now’s database. Extended Term. The extended term (“Renewal Term”) of this Agreement will be deemed automatically exercised without any action by either party unless User gives written notice of its decision not to renew to Provider at least thirty (30) days prior to the expiration date of the then current term. (Initial Term and any Renewal Term shall be referred to as the “Term”) Except as to the pricing of Provider’s services to User, and as otherwise set forth herein, each Renewal Term shall be for Month To Month upon the same terms, covenants and conditions set forth in this Agreement.
Section 4 – Effective Date The Effective Date (“Effective Date”) of this Agreement shall be and hereby is the installation date of the Service.
Section 5 – Service Start Date For billing purposes, this date will be used to calculate all applicable service fees as established in Section 22 of this Agreement based on the installation date.
Section 6 – Rights and Obligations of User User represents and warrants that (a) it has full right and authority to enter into this Agreement; (b) it will not use the Service in any manner which is in violation of any law or governmental regulation, or Provider’s AUP as amended from time to time by Provider, which is posted on Provider’s web site located at http://www.wirelessinternetnow.net and is incorporated by reference herein; (c) the “User Data” (as here in under defined) will not violate or infringe the rights of others, including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy, publicity, or other personal or proprietary right; (d) the User Data will not include indecent or obscene material or constitute a defamation or libel and will not result in obligation to make payment of any third party licensing fees; and (e) it will comply with all relevant export and encryption laws and regulations of the United States. For purposes of this section, “User Data” shall mean the text, data, images, sounds, and photographs, illustrations, graphics, programs, code and other materials transmitted through the Service hereunder.
Section 7 – IP Addresses IP Addresses may be static or dynamic as determined by Provider in its sole discretion. IP Addresses are not portable and are not assigned. Provider reserves the right to administer IP Addresses in its sole discretion. User understands that IP Addresses are not guaranteed and may be modified as required by Provider and/or the American Registry for Internet Numbers (ARIN) or any other agency having jurisdiction to make such changes.
Section 8 – Best Effort aggregate data Rate Best effort aggregate data rate is defined as the plan the User purchased and the combined upstream and downstream of the broadband pipe.
Section 9 – Service Level Agreement (SLA) Provider’s always-on-service will be provided at best effort without a guaranteed uptime. Provider is not responsible for any downtime or service outages and User assumes all risks associated.
Section 10 – Property Access User shall grant Provider access to property and to roof top for installation of wireless antenna(s), equipment and all other hardware directly or indirectly related to establishing connectivity between Provider and User. Provider shall be granted access for installing, establishing, constructing, maintaining, repairing, operating, altering, modifying, replacing, inspecting, expanding, adding to and/or removing equipment as deemed necessary by Provider.
Section 11 – Equipment All equipment furnished by Provider to User remains the property of Provider at all times, however User must provide proof showing where equipment is covered under their property insurance for fire, theft or damage unless an equipment protection plan is purchased at the time of installation. User agrees to connect Provider’s equipment to a surge protector at all times while in their possession. Failure to do so will void Provider’s equipment protection plan coverage and User shall be solely responsible for any damage to Provider’s equipment while in their possession. Provider may allow User to purchase an equipment protection plan at a nominal monthly fee which is in addition to the installation fee, activation fee and recurring service fee. Such protection plan must be purchased at time of installation and remain in effect for the entire Term. If a protection plan is not purchased at the time of installation and any equipment is later found to be damaged or no longer able to function in the manner for which it was originally deployed by Provider at the User’s location, the User will be fully responsible for the replacement cost of said equipment as set forth in Section 12 below.
Section 12 – Equipment Replacement Cost The replacement cost for all equipment installed at User’s location is $550.00.
Section 13 – Usage Excessive throughput of data for the category of service selected will be questioned. If there is excessive usage, the accessed fee will be increased or peer-to-peer file sharing services such as, but not limited to, KAZAA, eMule, eDonkey, Overnet, LimeWire, Gnutella, BearShare, Morpheus, Shareaza, WinMX, Ares, Grokster and BitTorrent shall be severely slowed or blocked completely. SPAM shall not be sent from your connection. If you are found guilty of sending SPAM via Provider’s network, Provider may at its sole discretion disconnect User’s service without notice in order to safeguard the integrity and performance of Provider’s network. Provider also reserves the right to release User’s contact information to legal authorities upon request for abuse related issues. User agrees not to use any servers in conjunction with the Services, including but not limited to, Electronic Mail, NAT, DHCP, DNS and WEB servers. In the event User attempts to utilize a server on the network, Provider may, at its sole discretion, increase the fees associated with the Service or terminate the Service as further provided herein. Provider grants User the right to connect up to five (5) computers or devices to the Service. Configuration of a router or other non-computer device is available and if requested, will be billed at the rate of $50 per device.
Section 14 – Cancellation (a) Cancellation by User. Should User wish to cancel, they agree to allow Provider to un-install and remove from their premises all equipment owned by Provider. If User cancels service prior to the end of their contract term, an early termination fee of $500 will be applicable. If Provider attempts to schedule the removal of their equipment and User does not respond within five (5) business days, User agrees to allow Provider to charge the full equipment replacement cost to their credit card on file, as set forth in Section 12 above. If User’s payment method is check, User agrees to compensate Provider within five (5) business days after their receipt of notice from Provider. If the charge is unsuccessful or goes unpaid for more than five (5) business days, User grants Provider the right to report this bill to the credit bureau of their choice as well as file a claim for any and all unpaid charges in small claims or criminal court, depending on the amount of the unpaid charges. If User cancels within the initial (8) months of service, User grants their permission for Provider to charge an early cancellation fee equal to the remaining months of service through User's eighth month of service. A $50.00 equipment recovery charge may apply depending on the circumstances of the cancellation by user. (b) Cancellation by Provider. Provider may terminate the Agreement and/or cease or suspend the provision of Service upon default of User. Default includes: (i) the failure to pay any amount when due hereunder (after five (5) days prior notice of such failure to pay); (ii) the filing of a petition in bankruptcy by or against User; and (iii) any material breach of this Agreement including but not limited to violation of Provider’s Acceptable Use Policy “AUP”, a copy of which is available at http://www.wirelessinternetnow.net or contact that Provider, in its sole discretion, believes may subject Provider to civil or criminal litigation, charges and/or damages. If Provider has suspended the Service, Provider shall require a reconnection fee in order to resume Service and User agrees to pay such fee. Termination shall not relieve User of its obligation to pay all fees for Service accrued and owing up to and including the date of termination or otherwise payable pursuant to this Section, nor shall it preclude Provider from pursuing any other remedies available to it, at law or in equity. In the event a law or regulatory action prohibits, substantially impairs, or makes impracticable the provision of Service under this Agreement, as determined by Provider, Provider may, at is option and without liability, terminate this Agreement or modify the Service or the terms and conditions of this Agreement in order to conform to such action (“Regulatory Modification”); provided, however, that Provider shall provide ten (10) day written or electronic notice prior to User of any such Regulatory Modification, unless Provider determines, in its good faith business judgment, that it is necessary to reduce the foregoing notice period. Use of the Service by User after implementation of a Regulatory Modification shall constitute acceptance by Customer of such changes. Provider reserves the right to charge a full or partial cancellation fee depending on the circumstances.
Section 15 – Service Relocation Should there be a change of location for the services provided, Provider’s equipment may be moved to the new location if in Provider’s coverage area, or the service may be transferred to the new owner of the original service location. Moving fees will be accessed by Provider and User agrees to compensate Provider for said fees at time of installation at User’s new service location. User shall inform Provider 30 days prior to intended move. If 30 days notice is not given, Provider may choose to cancel User’s service and assess an early termination fee of $500. If User’s new service location is within Provider’s coverage area and service is canceled by Provider due to the User giving less than 30 days notice of when they need their service location moved, an early termination fee of $500 will apply. If User’s new service location is outside Provider’s coverage area and service is canceled by Provider due to the User giving less than 30 days notice of when they need their service location moved, an early termination fee of $500 will apply. If User’s new service location is outside Provider’s coverage area and User gives 30 days or more notice prior to the cancellation of service, the early termination fee will not apply.
Section 16 – Written Notice Verbal cancellation notices are not acceptable. Termination notice must be delivered via certified mail to the following address: Wireless Internet Now LLC, 9 Raymond St, Malone, NY 12953.
Section 17 – Disclaimer of Liability Provider shall be limited to the liability of providing the service only and not any damages due to other factors. User shall not hold Provider liable for damage to facilities. Provider will exercise reasonable caution to protect User’s property. Provider is not liable for computers or data corruption or loss within User’s network. The Services of Provider are provided “as is.” Provider makes no warranty of any kind, expressed or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement, or any warranty regarding the reliability or suitability for a particular purpose of its services. In no event shall Provider, its affiliates or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages or lost or imputed profits or royalties, lost data or cost of procurement of substitute goods or services arising from or related to the Service of this Agreement whether for, among other things, breach of warranty of any obligation arising therefrom, and whether liability is asserted in, contract or tort (including but not limited to negligence and strict product liability) whether or not Provider has been advised of the possibility of any such loss or damage. Provider liability hereunder shall in no event exceed the amount equal to the average monthly recurring charge for the service paid by User pursuant to this Agreement. User hereby waives any claim that these exclusions deprive it of an adequate remedy or cause this Agreement to fail of its essential purpose. User acknowledges that Provider exercises no control over the quality, validity, nature, content or reliability of the information passing through the network. No oral or written information or advice given by Provider, its dealers, affiliates, agents or employees shall create a warranty. Use of any information obtained from or through the Services provided by Provider will be at User’s own risk. User acknowledges that Provider is not liable for any errors or interruption in the Services, whether within or outside of control of Provider. Under no circumstances shall the customer hold Provider responsible for any form of damages or losses including direct, indirect, consequential or incidental damages of losses suffered from, but not limited to errors, delays, loss of damages of losses suffered from, but not limited to errors, delays, loss of information of interruptions in Services caused by the User, Provider, or third party’s negligence, fault, misconduct of failure to perform or acts of God. Customer understands that telecommunication and/or network access Services may be temporarily unavailable for scheduled or unscheduled maintenance and for reasons within or outside of the direct control of Provider.
Section 18 – Indemnification User agrees to defend, indemnify and hold Provider and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (a) any breach of this Agreement by User; (b) the use of the Service or the Internet or the placement or transmission of any information, software or other materials on the Internet by User, User’s agents or contractors in connection with, among other things, the installation, maintenance, presence, use or removal of equipment or software provided by Provider or other sources connected or to be connected to the Service; and (d) claims for infringement of any third party proprietary right, including copyright, patent, trade secret, and trademark rights, arising from the use of any services, equipment and software provided by Provider or other sources.
Section 19 – Injunctive Relief Available In the event of a breach or threatened breach of any provision of this Agreement by User, User agrees that damages to be suffered by Provider will not be fully condensable in money damages along, and accordingly, Provider shall, in addition to other available legal or equitable remedies, be entitled to an injunction against such breach or threatened breach.
Section 20 – Miscellaneous (a) This Agreement shall be governed by the laws of the State of New York with venue in Franklin County (as the case may be), New York. Any cause of action User may have with respect to the Service must be commenced within Month To Month after the claim or cause of action arises or such claim or cause of action is barred. In any proceeding to enforce the terms of this Agreement, Provider shall be entitled to recover all of its expenses, including, without limitation, reasonable attorney’s fees. (b) In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed as nearly as possible to reflect the original intent of the parties and the remainder of the provisions shall remain in full force and effect. (c) Provider’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any of its rights hereunder. (d) The terms and conditions of this Agreement shall prevail notwithstanding any different or additional terms and conditions of any purchase order or other form for purchase or payment submitted by User to Provider. (e) Sections 3, 4, 5, 6, 7, 8, 16, 17 and 18 shall expressly survive termination of this Agreement. (f) Provider is acting as an independent contractor and shall have exclusive control in the manner and means of performing its obligations. (g) Provider will not be responsible for performance of its obligations hereunder where delayed or hindered by, war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its control. (h) This Agreement, including the AUP (as such AUP may be amended from time to time), and the Service Order, constitutes the entire agreement between User and Provider with respect to the Services.
Section 21 – Entire Agreement These Terms and Conditions contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, discussions and proposed agreements, whether electronic, written or oral. These Terms and Conditions may be modified at any time by Provider.
Section 22 - Standard Installation A standard installation includes a signal survey to determine the best possible location to install the equipment. Receiver equipment will be mounted on the roof, side, or eave of the User’s location and running a single Cat5e ethernet cable to a lightning arrestor. A grounding wire shall be run to an appropriate grounding rod, or to the main grounding cable. Another Cat5e cable will then be run from the lightning arrestor to the User’s computer or router through an exterior wall. Each one of these cables shall not exceed 100 feet in length. The cable coming in from the outside will be plugged into a “power over Ethernet” (PoE) power adapter which supplies the power to the receiver equipment. The installer will then prove internet connectivity via his own laptop computer. (Install may choose to skip this if he is confident of signal and will then proceed to the next step.) The PoE adapter is then plugged into the User’s computer or router. NOTE: The installers will not hook the cable into the User’s computer or router. It is up to the User to plug the cable into the computer or router. The installer may provide verbal guidance to ensure User is plugging the cable into the appropriate location. Items not covered by a standard installation include a wireless router for your LAN (local area network), installation of a grounding rod, cable burial, mounting poles in yard, fishing of cable through wall AKA “wall fishing”, installation of cable into an ethernet wall jack, cabling longer than 100 feet, LAN connectivity issues, software, virus, or other computer issues that may prevent a normal installation.
IN TESTIMONY WHEREOF, User and Provider, agree this to be a legal and binding contract as soon as the service is hooked up and connectivity to Wireless Internet Now' service is verified by installer and user is "online" using the services provided by Wireless Internet Now, LLC to access the internet.
Open Internet Principles of Wireless Internet Now LLC The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link: http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service. The FCC’s rules focus on three primary issues: Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services; No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic. Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.
Network Practices ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service. Congestion Management: Congestion management practices are handled by software monitoring in conjunction with hardware at both the client site and the Network Operations Center. Active monitoring is 24/7 via the software. If there is a problem, the network administrators are contacted via email concerning the problem so they may address the issue immediately. At times, the client contacts us reporting a problem only to discover through troubleshooting with our support group that the problem is actually caused by the clients’ actions themselves. i.e. watching a Netflix movie, playing and online game and surfing the net, all from the same house at the same time which just causes congestion at the client site. The tech support group will provide the resolution to the client simply by informing them they are trying to push too much through their connection. A firewall is also in use to help in managing network congestion. Types of traffic subject to the practices are as follows: Netflix and any other streaming based videos, especially HD quality videos. Denial of Service Attacks (DOS) which floods the network are shutdown. Spamming is not allowed. Use of personal server for peer-to peer networking outside of client’s address where Wireless Internet Now provides their internet service, any form of DNS, NAT, email servers are forbidden. The purposes served by these practices are to prevent the unfair usage of bandwidth (by a few clients) from creating additional traffic on the network that basically congests the network and prevents other paying clients from using the services that they paid for. The intention is to ensure that the end users’ experience of the Internet will allow them to take full advantage of what the internet has to offer. There currently are no set criteria in determining when such practices are triggered. The network administrators review daily usage reports and any technical support-related call to determine if clients are abusing the services provided by Wireless Internet Now LLC based on averages, number of clients, etc. If it is determined that the problem is simply congestion due to the number of clients access the Internet at the same time, the problem will be resolved on the backend, whether it means increasing overall upstream bandwidth, using additional hardware, etc. There currently are no usage limits.
Acceptable Use Policy Wireless Internet Now LLC Rules and Acceptable Use Policy Agreement Wireless Internet Now LLC rules and acceptable use policy agreement shall be between WIRELESS INTERNET NOW LLC, with its address at 9 Raymond St, Malone, NY 12953, and person or persons whose name(s) appear in the client database Wireless Internet Now LLC, naming said person or persons as “Client”. Upon signing the form that acknowledges that the installation was completed, and the user accesses the Wireless Internet Now LLC network to access the internet, he or she acknowledges reading and agreeing to abide with Wireless Internet Now LLC's Rules and Acceptable Use Policy. This agreement is for high speed wireless internet services and any other services that may be offered by Wireless Internet Now LLC in the future. Hereinafter, “Equipment” shall pertain to antennas, receivers, computer software, cabling, computer hardware, networking equipment, and any other items installed by Wireless Internet Now LLC for purposes of providing internet services or other services associated with Wireless Internet Now LLC. Client agrees to assist Wireless Internet Now LLC in maintaining accurate and up to date data on client. i.e. phone numbers, address, email, etc... All and any paperwork sent (via electronically (email) and/or postal carrier) to Client shall be deemed received by client. Wireless Internet Now LLC will maintain a pricing guide and will post pricing guide on their website. “Wireless Internet Now LLC” also refers to employees or contractors of Wireless Internet Now LLC. Wireless Internet Now LLC reserves the right to amend or modify this agreement at any time. All updated policies will be listed on this website. Equipment Wireless Internet Now LLC will provide client with a wireless internet receiver. This receiver remains the property of Wireless Internet Now LLC. If client service is terminated by customer or Wireless Internet Now LLC, then client shall return the receiver to Wireless Internet Now LLC. If Wireless Internet Now LLC has to collect the receiver, then a fee may apply. (See Pricing Guide) Any equipment owned by Wireless Internet Now LLC shall be returned in good and working condition. If equipment is returned not working, or not returned at all, then a fee shall apply. (See Pricing Guide) Client shall not interfere, manipulate, or touch Wireless Internet Now LLC's equipment placed at the customer's property. Should the aforementioned occur and cause a malfunction, Client will be charged by Wireless Internet Now LLC once problem is rectified. Wireless Internet Now LLC's equipment is the responsibility of Wireless Internet Now LLC. Equipment Installation Wireless Internet Now LLC will sell or lease equipment associated with the internet service for hookup to one device. (One computer or one networking device. i.e. a router or switch.) Wireless Internet Now LLC is not responsible for the configuration of the computer or networking device. Wireless Internet Now LLC will service only its own equipment associated with its service. Equipment that is leased from Wireless Internet Now LLC is the property of Wireless Internet Now LLC. If Client moves from location on file with Wireless Internet Now LLC, then Client must notify Wireless Internet Now LLC within thirty (30) days in writing, and return any leased equipment to Wireless Internet Now LLC in working order. If leased equipment is not in working order, Client agrees to pay any charges necessary to replace equipment. Client shall not sell or lease Wireless Internet Now LLC's equipment to another person or entity. Client agrees to allow Wireless Internet Now LLC to install equipment on or in Client's house, personal property or computers. Client shall not hold Wireless Internet Now LLC responsible for any accidental damage caused to the Client's property by the installation process or removal of any equipment. If client requesting service is not the owner of the property, then customer will get from the owner, written consent, allowing Wireless Internet Now LLC to install equipment. Wireless Internet Now LLC assumes no responsibility for any damage, personal or property, to the premises or the equipment as a result of the installation or removal of Wireless Internet Now LLC's equipment. Wireless Service and Payments Wireless Internet Now LLC intends to offer high speed wireless internet service to Client. Client agrees to pay a monthly bill, as well as any applicable taxes and surcharges. (See pricing guide and Service Agreement) Invoices for monthly payment will be submitted to Client and are due upon receipt unless other arrangements have been made with Wireless Internet Now LLC. Late charges will apply to all unpaid balances. (See Service Agreement.) If client service is terminated or suspended, then a reactivation/late fee charge may apply. (See pricing guide.) Client will be charged for service calls when problems arise from Client's equipment and not Wireless Internet Now LLC's equipment. (See pricing guide.) Client agrees to pay all charges associated with any equipment, bills, late charges, collection fees, attorney fees or for necessary work performed by Wireless Internet Now LLC. Tech Support Wireless Internet Now LLC will provide tech support via self-help pages and phone for all clients. If client requires Wireless Internet Now LLC to come to Client's property to fix a problem, then a service charge will apply. (See pricing Guide.) Service Interruptions Wireless Internet Now LLC agrees to offer its internet service in a reasonable and timely manner. However, due to circumstances beyond its control, blackouts of service may occur. Client agrees not to hold Wireless Internet Now LLC responsible for these circumstances or “Acts of God”. Wireless Internet Now LLC will make every effort to reinstate service as soon as possible. Wireless Internet Now LLC acknowledges that there may be instances where due to the distance, terrain, foliage, the clients' service may be hindered or limited in the amount of bandwidth that is possible, and therefore, client will be billed appropriately. Acceptable Use Policy
Wireless Internet Now LLC's Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Wireless Internet Now LLC's Internet service (the “Service”) must comply with this AUP. While Wireless Internet Now LLC encourages and supports the free flow of information and ideas over the Internet, Wireless Internet Now LLC expects its customers and users to act legally, responsibly and attentively. Wireless Internet Now LLC does not actively monitor use of the Service under normal circumstances nor does Wireless Internet Now LLC exercise editorial control over the content of any web site, electronic mail transmission, news group, or other material or communication created, distributed or accessible over or through Wireless Internet Now LLC's Service, except for Wireless Internet Now LLC's proprietary websites. Wireless Internet Now LLC reserves the right, but does not bear the responsibility, to prohibit or delete any conduct, communication or content which Wireless Internet Now LLC, in its sole discretion, determines to be unlawful, harmful to others, or in violation of this AUP. Your violation of this AUP may result in the suspension or termination of the Service or other actions as detailed herein. This AUP should be read in conjunction with Wireless Internet Now LLC's Internet Terms and Conditions of Use, the Rules, and other policies.
Actions which Wireless Internet Now LLC considers inappropriate and grounds for removal of offending material or termination of Service, and which constitute violations of this AUP, include, but are not limited to, the following: a. Intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law. Impersonating any person or entity, including, but not limited to, a Wireless Internet Now LLC official or employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. Posting links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Using the Service to upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking. Using the Service to upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purposes; Using the Service to upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of Wireless Internet Now LLC's network; Using the Service to upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable; Using the Service to upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity; Using the Service to upload, post, e-mail, otherwise transmit or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age; Using the Service to make any sexual request on behalf of a minor or make any sexual request of a minor or to harm, or attempt to harm, minors in any way; Using the Service to collect or store personally identifying information about other users without their knowledge or consent for commercial or unlawful purposes; Using the Service to upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner, that is offensive to this AUP. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. Using the Service to transmit any material (by email, uploading, posting, or otherwise) to “stalk” another or that otherwise harasses another. Using the Service 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." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is not allowed. Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Wireless Internet Now LLC'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. Using the Service to transmit any material (by email, uploading, 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. Reselling, or otherwise providing services free of charge, to any third party without Wireless Internet Now LLC's prior written authorization. Using the Services for any activity which adversely affects the ability of other people or systems to use Wireless Internet Now LLC services or the Internet. This includes "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 is prohibited. It is your responsibility to ensure that your network is configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate actions. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner. REPORTING VIOLATIONS To report a violation of this AUP, please contact: Wireless Internet Now LLC 9 Raymond St, Malone, NY 12953 Tel: 518-483-9423 firstname.lastname@example.org If available, please provide the following information: · The IP address used to commit the alleged violation · The date and time of the alleged violation, including the time zone or offset from GMT · Evidence of the alleged violation · Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information. Wireless Internet Now LLC may take any one or more of the following actions in response to complaints: · issue warnings: written or verbal · suspend your newsgroup posting privileges · suspend or terminate Service · bill you for administrative costs and/or reactivation charges · bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
REVISIONS TO AUP
Wireless Internet Now LLC reserves the right to revise, amend, or modify this AUP, the Internet Terms and Conditions of Use, the Rules and other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Terms and Conditions of Use. Repeat Offender Policy All Wireless Internet Now LLC subscribers and account holders must be aware that should Wireless Internet Now LLC directly or indirectly become aware of actual or alleged repeat offenses involving the prevailing copyright laws of the United States, codified in Title 17 of the United States Code, by a subscriber or an account holder using any of Wireless Internet Now LLC's networks, any and all internet services provided by Wireless Internet Now LLC to such a repeat offender may be terminated within seven (7) business days of such determination. For purposes of this policy, a “repeat offender” may be a subscriber or account holder who has been notified by Wireless Internet Now LLC, either via email or in writing, of an actual or alleged copyright infringement associated with the subscriber or holder’s IP address on three (3) or more separate occasions. Such a determination will be made in the sole discretion of Wireless Internet Now LLC and Wireless Internet Now LLC is not required to seek judicial validation of any kind in making this determination. All decisions to terminate the internet services provided by Wireless Internet Now LLC to such a repeat offender will be final. Wireless Internet Now LLC shall make a good faith effort to provide notice to the repeat offender upon making such determination and prior to termination. Legal Wireless Internet Now LLC reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not limited to, provision of account or user information or email as well as monitoring of the Wireless Internet Now LLC service network. Wireless Internet Now LLC may, but is not required to monitor Client compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement. Client agrees to follow all rules associated with this service agreement. Any violations of said rules may result in service termination. In no event shall Wireless Internet Now LLC be liable for any indirect incident, punitive, acts of God, special or consequential damages, or damages for loss of profits or revenue, or use incurred by Client or any third party, whether in an action in contract, or tort, or otherwise, even if advised of the possibility of such damages. Any legal action taken as a result of this policy will be conducted in Franklin County Supreme Court or other local town courts within Clinton, Franklin, or Essex Counties as the case may be. I acknowledge and accept the above Rules and Acceptable Use Policy and agree to abide by everything stated above as per the rules of using Wireless Internet Now LLC’s data connection to the internet.
Our goal is to provide fast, reliable and secure internet to our community. We understand the importance of a reliable connection, thus we will continue to build our network based upon our fundamental goal.