unWired Acceptable Use Policy & DMCA Copyright Infringement Notification Policy
All business and residential unWired Broadband, LLC (“unWired”) customers and any other user of the Services, as well as visitors of the www.getunwired.com or any successor URL(s) (the “ Web site”) (collectively “Customer,” “you,” or “your”) must comply with this Acceptable Use Policy (“AUP” or “Policy”). This Policy, including its use and behavior restrictions, is in addition to the restrictions contained in the unWired Master Services Agreement (“MSA”) and has been incorporated by reference into the MSA. Any capitalized terms not defined herein shall have the same meaning as defined in the MSA.
Customer understands, acknowledges, and agrees that unWired reserves the right to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or the MSA. (Please see the MSA for details on the suspension and termination policy.) This Policy applies to any use of the Service inside or outside of Customer premises or in public places using an unWired account. Any violation of this Policy and MSA may also lead to prosecution under local, state and/or federal law. Therefore, you should take steps to ensure that others you permit, or anyone that uses your Service are aware of this Policy and agree to abide by it. If you are unwilling to comply with this Policy, you must immediately stop all use of the Service and notify unWired so that we can close your account.
At the end of this Policy is unWired’s DMCA Copyright Infringement Notification Policy (“DMCA Notification Policy”). Both the Policy and the DMCA Notification Policy are in addition to, and are incorporated by reference to unWired’s MSA and Service Contracts.
unWired may revise this Policy from time to time by posting a new version on the Web Site. unWired will use reasonable efforts to inform of any changes to this Policy, which may include sending email announcements or posting information on the Web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, Customers of the Service should read any unWired announcements you receive and regularly visit the Web site to review this Policy to ensure that your activities conform to the most recent version.
Ⅰ. Prohibited Uses and Activities
In general, unWired prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others.
- Conduct and Content Restriction
Customer shall not use the Service for any unlawful purpose, including, but not limited to:
- - upload, post, store, transmit, publish, or disseminate information, data, software, text, graphics (including photographs, illustrations, images, drawings, logos), files, messages, executable programs and scripts, video recordings, audio recordings or any other material (collectively, “Content”), which is libelous, obscene, illegal, threatening, harmful, abusive, deceptive, fraudulent, offensive or defamatory, or which infringes the intellectual property rights or any other rights of any person or entity, or which in any way constitutes, solicits, or encourages conduct that would constitute a criminal offense, or otherwise violate any Applicable Law;
- - reproduce or create derivative works of Content obtained through the Service or otherwise that is protected by copyright, other intellectual property or other proprietary rights, without obtaining any required permission of the owner;
- - transmit unsolicited bulk or commercial messages that are in non-compliance with the federal CAN-SPAM Act, commonly known as “spam;”
- - send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
- - initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- - initiate, perpetuate, or in any way participate in the collection of very large numbers of email addresses, screen names, telephone numbers, IP addresses, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware” and “malware”) designed to facilitate this activity;
- - falsify, alter, or remove message headers, or create a false identity for the purpose of distorting/misleading the identity of a sender or the origin of a message, text, email, website or mobile app;
- - falsify references to unWired or the unWired Network, by name or other identifier, in messages;
- - impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); and
- - violate the rules, regulations, terms of service, or policies applicable to the unWired Network and any other network, server, computer database, service, application, system, or web site that you access or use.
Customers shall not (nor solicit, allow, or encourage anyone else to) access any other person’s computer or computer system, network, software, or data without the person’s consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to:
- - access to data not intended for you, log into or make use of a server or account you are not expressly authorized to access, or probe the security of other hosts, networks, or accounts without express permission to do so;
- - use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs;
- - use of unauthorized port scanning ;
- - copy, distribute, or sublicense any proprietary software provided in connection with the Service by unWired or any third party, except that you may make one copy of each software program for back-up purposes only;
- - distribute programs that make unauthorized changes to software (cracks); and
- - service, alter, modify, or tamper with the unWired Equipment or Service or permit any other person to do the same who is not authorized by unWired.
- Network and Usage Restrictions
Residential Customers shall not use, solicit, or allow others to use the Service to operate any type of business or commercial enterprise, other legal entity, or organization purpose (whether or not for profit) as a primary purpose or for long-term.
Neither Residential Customers nor Commercial Customers shall :
- - restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature;
- - impede others’ ability to use, send, or retrieve Content or use the Service by any means, including excessive consumption, excessive use of unWired Network or system resources, or unlawful activities; share the Services with any other person for the purpose of avoiding payment for a second or upgraded Service;
- - restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any unWired (or unWired Operational Service Provider) host, server, backbone network, node or service, or otherwise cause a performance degradation to any unWired (or unWired Operational Service Provider) facilities used to deliver the Service;
- - use the Service for operation as an Internet Service Provider, or resell the Service or otherwise make available to anyone outside the Customer’s premises the ability to use the Service (for example, through the unWired Network), in whole or in part, directly or indirectly, with the sole exception of your use of the unWired Network in accordance with its then-current terms and policies; and
- - connect the unWired Equipment to any computer outside of your premises; interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
Ⅱ. Customer Conduct and Enforcement of this Policy
Customers are responsible for your own compliance with this Policy. Customers are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as, but not limited to, a friend, family member, invitee, employee, servant, patron, contractor, servicer provider or guest.)
unWired prefers to notify Customers of inappropriate activities and give Customers a reasonable period of time in which to take corrective action. unWired also prefers that Customers directly resolve any disputes or disagreements you may have with others, without unWired’s intervention. However, if the Service is used in a way that unWired, in our sole discretion, believes violates this Policy, unWired (or our agents and Operational Service Provider) may take any responsive actions we deem appropriate under the circumstances with or without notice to the Customer. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. These actions are not unWired’s exclusive remedies and unWired may take any other legal or technical actions it deems appropriate with or without advance notice to Customer.
unWired reserves the right to investigate suspected violations of this Policy, including the gathering of information from the Customer or persons involved and the complaining party, if any, and examination of Content on the unWired Network and servers. During an investigation, unWired may suspend the account or accounts involved and/or remove or block Content that potentially or allegedly violates this Policy. Customers expressly authorize and consent to unWired and its agents and Operational Service Providers cooperating with (i) regulatory and/or law enforcement authorities in the investigation of suspected illegal violations, and (ii) system administrators at other Internet Service Providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service or account, Customers understand, acknowledge, and agree that unWired is not responsible for the deletion of any Content associated with your account (and any third-party accounts).
- Security Measures
unWired recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
In all cases, you are solely responsible for the security of any device you connect to the Service, including any Content stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other p equipment or programs not provided by unWired that connect to the Service from external threats such as viruses, spam, and other methods of intrusion.
- Use of Prohibited Content and TransmissionsunWired reserves the right to refuse to transmit or post, and/or to remove or block any Content, in whole or in part, that it, in its sole discretion, deems to be in violation of this Policy, or otherwise harmful to the unWired Network or other Customers using the Service unWired also reserves the right to suspend and to terminate the Service at any time for any violation of this Policy. Customer understands, acknowledges, and agrees that neither unWired nor any of its affiliates, Operational Service Providers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as Content available on the Personal Web Features as defined below) made on the Service. However, unWired and its affiliates, Operational Service Providers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, any other unWired Agreements, or applicable law.
- Use of Electronic Mail
unWired is not responsible for deleting or forwarding any email sent to the wrong email address by you or by someone else trying to send email to you. unWired is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at unWired’s sole discretion. If you cancel or terminate your Service account for any reason, all email associated with that account (and any third-party accounts) will be permanently deleted as well.
If unWired believes in its sole discretion that any Customer name, account name, or email address (collectively, an “Identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, unWired (i) reserves the right to block access to and prevent the use of any of these Identifiers and (ii) may at any time require any Customer to change his or her Identifier. In addition, unWired may at any time reserve any Customer Identifiers on the Service for its own administrative and legal purposes.
- Use of Instant, Video, and Audio Messages
Customer is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. unWired assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. If you cancel or terminate your Service account for any reason, all instant, video, and audio messages associated with that account (and any third-party accounts) will be permanently deleted as well.
- Use of Personal Web Pages and File Storage
As part of the Service, unWired may provide access to personal web pages and storage space through personal web pages and online storage features (collectively, the “Personal Web Features”). You are solely responsible for any Content that you or others publish or store on the Personal Web Features. You are also responsible for ensuring that all Content made available through the Personal Web Features is appropriate for those who may have access to it. For example, you must take appropriate precautions to prevent minors from receiving or accessing inappropriate Content.
DMCA COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
unWired is committed to complying with U.S. copyright and related laws, and requires all Customers of the Service to comply with these laws. unWired complies with the Digital Millennium Copyright Act (“DMCA”).
Accordingly, you may not store any Content on, or access, share or disseminate any Content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. unWired provides an independent method for copyright owners to communicate information about alleged infringements to us, and for us to inform our Customers about them. Customers may receive alerts if your Service account is identified by a copyright owner as having been used in connection with acts of alleged copyright infringement.
- What is unWired’s DMCA Notification Policy?
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 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 Service 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. Grounds for removal or termination include but are not limited to deleting or altering author attributes, copyright notices or other copyright management information unless expressly permitted in writing by the author or owner. unWired may terminate the Service at any time with or without notice for any affected customer or user.
- Report Alleged Infringements to unWired under the DMCA
Copyright owners may report alleged infringements of their works that are stored on the Service 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 Service or the Personal Web Features or (ii) disable access to the work(s). unWired will also notify the affected customer or user of the Service 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 under the DMCA (but not the Copyright Alerts System) to:
Name/Title of Designated Agent: Director of Network Operations
Director of Network Operations: unWired Broadband LLC
Email Address: 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.
- Repeat Infringer Policy
Under certain circumstances we will terminate the privileges, account(s) and/or membership of Customers that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that Customer. Generally, we will terminate a Customer’s account, membership, or subscription when that Customer has been notified for three (3) complaints/violations over a period of four (4) months but no more than four (4) notices over a period of twelve (12) months. However, we reserve the right to terminate a Customer at any time as we deem appropriate based on the circumstances of the Customer’s actions. A complaint/violation will not be assessed against the Customer if the Customer has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.
Each Customer understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Notification Policy, the Customer will not attempt to establish a new account, membership, or subscription under any name, real or assumed. The Customer further understands, acknowledges, and agrees that by opening a new account, membership, or subscription after being terminated pursuant to this DMCA Notification Policy, he/she will have violated this DMCA Notification Policy and MSA and shall indemnify and hold unWired harmless for any and all liability that we may incur.
If you receive a DMCA 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 the 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.
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