ACCEPTABLE USE POLICY
November 24, 2008
Section 1.INTRODUCTION
Advanced Wireless Systems’ Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users and customers of Advanced Wireless Systems’ Internet Service (the "Services) must comply with this AUP.
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.
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 AUP. Advanced Wireless Systems 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 AUP may result in the suspension or termination of either your access to the Services and/or your Advanced Wireless Systems’ account or other actions as detailed in Section 3.
This AUP should be read in conjunction with our Internet Service Agreement and other policies.
Section 2. VIOLATIONS OF ADVANCED WIRELESS SYSTEMS’ ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
a. Illegal use. Using the Services to transmit any material (by email, uploading, 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, 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, posting, or otherwise) that harasses another.
e. 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", etc
f. Forgery or impersonation. 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 allowed.
g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts.
i. Copyright or trademark infringement. Using the Services 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.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Redistributing or Sharing the services. Redistributing or sharing the Services without Advanced Wireless Systems’ 's authorization. AWS will prosecute. It is a felony to steal bandwidth, or to aid in it by gross negligence is grounds for termination.
l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Advanced Wireless Systems’ 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 the Customer's responsibility to ensure that their network is configured in a secure manner. A Customer 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.
m. Using a RESIDENTIAL account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, and browsing the World Wide Web. Customers may stay connected so long as they are actively using that connection for the above purposes. Customers may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Advanced Wireless Systems’ maintains the right to terminate any customer's connection following any extended period of inactivity as determined by Advanced Wireless Systems’. Advanced Wireless Systems’ maintains the right to monitor individual traffic usage, and terminate for use other than stated above, unless stated in writing by Advanced Wireless Systems’.
n. No server rule. No servers of any kind are allowed to operate on Advanced Wireless Systems’ service.
o. Right to refuse service. Advanced Wireless Systems’ reserves the right to decline to provide services to any customer, and to terminate services to any customer for violation to AUP without advance notice
p. Wireless Routers are not acceptable. AWS's quality of service is not based on the use of any wireless router. Customer's use wireless routers at their own risk. Customers must understand that in order to secure and protect their computer files and allocated bandwidth, they must use the security precautions in the router manual. Any open transmission, by a customers’ wireless router, may be picked up by others, and AWS will take any appropriate measures to secure the network.
q. Voice over the Internet Protocol (VoIP) access is not supported by AWS.
r. Disclosure of information. Customer agrees that AWS has the right to disclose to the appropriate authorities any evidence of illegal activity AWS discovers in the course of any investigation, or requested by an outside legal party, or discovered in the routine operation of monitoring and maintenance of AWS's Service and network components. Customer further agrees that AWS may make copies of such materials for the use of those authorities in their investigation if requested for the purpose of preservation of evidence.
Section 3. SUSPENSION OF SERVICE AND/OR TERMINATION OF SERVICE BY AWS:
Pursuant to the provisions set forth in the Internet Service Agreement, violations will result in charges that include, but are not limited to, those pursuant to Sections 3, 6 and 8. Customer shall be liable for all applicable early termination fees of the Customer Application Agreement, and liable for the costs of up to ($600) Six Hundred Dollars for any AWS owned equipment until its retrieved by AWS in good working order.
REPORTING VIOLATIONS OF ADVANCED WIRELESS SYSTEMS’ AUP:
Advanced Wireless Systems requests that anyone who believes that there is a violation of this AUP direct the information to info@awshi.com or dial 808-961-5254 (office).
If available, please provide the following information:
Name and/ or Address or:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone
- Evidence of the alleged violation
Email with full header information provides all of the above. Other situations will require different methods of providing the above information.
Advanced Wireless Systems may take any one or more of the following actions in response to complaints:
- issue warnings: written or verbal or electronic mail
- suspend the Customer's account
- terminate the Customer's account
- bill the Customer for administrative costs and/or reactivation charges
- bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Section 4. REVISIONS TO THIS ACCEPTABLE USE POLICY
Advanced Wireless Systems reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our 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 Service.
Notice: Customer Responsibility- Please report any and all outages or access trouble to Customer Support at (1-808-217-8032) 24 hours a day and available 7 days a week.
Notice: Unlimited Access does not mean a "Dedicated" connection to the Internet. Constant transmissions or constant receiving of transmissions, or any usage abuse, will result in service interruption without notice. Network monitoring is performed. There is a minimum $50 reconnect fee if in default of AUP.
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