Acceptable Use Policy

Acceptable Use Policy

Enabling the Best Service for All of Our Users

Aerwave is at all times committed to complying with the laws and regulations governing use of its Internet service and preserving for all of its users the ability to use Aerwave’s network and the Internet without interference or harassment from other users. The Aerwave Acceptable Use Policy is designed to help achieve these goals.

Overview

This Acceptable Use Policy (“AUP”) sets out the terms and conditions on which we will provide you our Internet access service. For the purposes of this Agreement, “you” means the user of  Aerwave’s Internet services, and “we” or “us” means Aerwave, Inc.

By using the Services, as defined below, you agree to comply with this AUP and if you have an account with Aerwave you remain responsible for all users that may use your account. Aerwave reserves the right to restrict, suspend, or terminate your access to the Services and/or account with Aerwave, without notice, if it determines that you are using the Services in violation of this AUP. Aerwave reserves the right, in its sole and absolute discretion, to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that Aerwave deems to be in violation this AUP or that otherwise may be harmful to Aerwave’s network or other users using the Services, regardless of whether such materials or their dissemination is unlawful.

Scope of the AUP

The AUP applies to the Aerwave services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet, wired or wireless data transport networks (collectively the “Services”).

Permitted Activities

Aerwave Services are provided to you for your reasonable, personal, non-commercial use only; provided, if you have a business account with Aerwave, you may use the Aerwave Services for your internal business operations

Prohibited Activities

General Prohibitions

Aerwave prohibits use of the Services in any way that is unlawful, harmful to or interferes with use of Aerwave’s network or systems, or the network of any other provider, interferes with the use of enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes a security risk or a violation of privacy.

Resale and Expanded Use

Aerwave prohibits the resale of, or to permit or facilitate the use of, the Services, in whole or in part, directly or indirectly, by other persons or entities, regardless of whether for a fee or profit, and regardless of the method (e.g., through Wi-Fi or other methods of networking).

Aerwave prohibits the use of, or run of, programs or dedicated, stand-alone equipment or servers by you that provide network content or any other services to anyone outside of your premise’ local area network, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include e-mail, Web hosting, file sharing, peer-to-peer servers, and proxy services and servers.

Network Management

It is not permissible to interfere with Aerwave’s ability to effectively manage its network, including our use of various tools and techniques to operate and protect the security and integrity of its network, which may include tools to detect and quarantine malicious traffic, prevent the distribution or promulgation of viruses and other malicious code, monitor traffic for usage patterns, etc.

It is not permissible to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Services or any host, server, backbone network, node or service, or otherwise cause a performance degradation to any facilities used to deliver the Services.

It is not permissible to interfere with Aerwave’s ability to provide Services to other users, including any actions that result in excessive consumption or utilization of network resources or bandwidth or that may weaken network performance, reliability, or security. Aerwave reserves the right to impose limits on excessive bandwidth consumption (for example, usage that exceeds a user’s contracted usage, that places an unusually large burden on the network, that Aerwave deems to be aberrational or above normal usage, that occurs during times of emergency or other situations causing temporary Internet traffic spikes, etc.) via any means available to Aerwave.

It is not permissible to alter, modify, forge, or tamper with such IP address, customer ID or any TCP/IP packet header or header information in an email or newsgroup posting.

It is not permissible to connect to any Aerwave equipment for any purpose other than as proposed by the Services.

Unlawful Activities

Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national, or international law, treaty, court order, ordinance, regulation, or administrative rule.

Violation of Intellectual Property Rights

Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Aerwave or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Copyright Infringement & Digital Millennium Copyright Act

It is prohibited to infringe, publish, submit, copy, upload, download, post, transmit, reproduce, or distribute software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service(s).

Aerwave assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

Aerwave respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable laws, Aerwave has adopted and maintains a policy that provides for termination of Service in appropriate circumstances of the account(s) of customers who are repeat copyright infringers. Aerwave may limit, suspend or terminate your service at any time with or without notice to you.

Threatening Material or Content

Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others.

Aerwave complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children.

Child Pornography

Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute, or store child pornography. Suspected violations of this prohibition may be reported to Aerwave and Aerwave will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Users Responsibilities

Users of the Services remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. Aerwave has no responsibility for any material created on the Aerwave’s network or accessible using the Services, including content provided on third-party websites linked to the Aerwave’s network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Aerwave of the content(s) of such sites. Users are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice

A user’s failure to observe the guidelines set forth in this AUP may result in Aerwave taking actions anywhere from a warning to a suspension or termination of your Services. When feasible, Aerwave may provide you with a notice of an AUP violation via e-mail or otherwise allowing you to promptly correct such violation. Aerwave reserves the right, however, to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped, or when Aerwave reasonably determines that your use of the affected Services may: (1) expose Aerwave to sanctions, prosecution, civil action or any other liability; (2) cause harm to or interfere with the integrity or normal operations of Aerwave’s network or networks with which Aerwave is interconnected; (3) interfere with another Aerwave user’s use of Services; (4) violate any applicable law, rule or regulation; or (5) otherwise present a risk of harm to Aerwave or Aerwave’s users.

Changes to This Policy

Aerwave reserves the right to change or modify the terms of the AUP at any time, effective when posted on our website. A user’s use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

How to Contact Us

If you have questions regarding these AUP, please reach us as follows:

Aerwave, Inc.

Attn: Legal Department

5519 FM 1488 Road

Suite C

Magnolia, TX 77354

–or–

Email: [email protected]