Important Note: AIR-PIPE may revise this Acceptable Use Policy (the “Policy") from time to time by posting a new version of this document on the Air-Pipe Web site at http://www.AIR-PIPE.com (or any successor URL(s)).  Such modifications will be effective when posted.  Any use of the Service after the posting of any change to the terms of this Policy constitutes acceptance of the change.  Accordingly, customers and users of the AIR-PIPE High-Speed Internet Service should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy and complaints of violations of it by AIR-PIPE customers and users can be directed to support@AIR-PIPE.com

It is AIR-PIPE’s intent to provide Service Customers with the best Internet service possible. In order to accomplish this task, we have adopted this Acceptable Use Policy (the “AUP" or “Policy"). This Policy outlines acceptable use of the AIR-PIPE High-Speed Internet service (the “Service"), as well as permissible and prohibited conduct for using the Service to access the Internet. This Policy, including its customer use restrictions, is in addition to the restrictions contained in the High-Speed Internet Connectivity Agreement (the “Subscriber contract").

It is the responsibility of all AIR-PIPE High-Speed Internet customers and all others who have access to AIR-PIPE’s network (hereinafter “Service Customers”) to comply with this AUP and all AIR-PIPE policies.  As a Service Customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other AIR-PIPE policies could result in the suspension or termination of Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Service and notify AIR-PIPE so your account may be closed.

Note: AIR-PIPE reserves the right to immediately terminate the Service and the Subscriber Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the AIR-PIPE Equipment or Service in a way which is contrary to any AIR-PIPE policies or any of AIR-PIPE suppliers’ policies. You must also strictly adhere to any policy set forth by another service provider accessed through the Service.

PROHIBITED USES AND ACTIVITIES

By contracting for services from AIR-PIPE, Service Customers agree to refrain from using the Service, Customer Equipment or AIR-PIPE Equipment for any prohibited use and/or activity.  Prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or AIR-PIPE Equipment to:

  1. Undertake or accomplish any unlawful purpose or in a manner that violates any local, state, federal, or international law, order or regulation. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, illegal, threatening, defamatory, excessively violent, invasive of privacy, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
  2. Upload, download, post, store, send, transmit, distribute, publish, or disseminate any information, data, image, text or other material which a reasonable person could deem to be objectionable, offensive, abusive, inflammatory, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  3. Upload, post, publish, transmit, reproduce, create derivative works of, or distribute information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
  4. Collect, or attempt to collect, personal information, e-mail addresses, screen names, or other identifiers of third parties without their consent;
  5. Access a person or entity’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account;
  6. Use or distribute tools designed for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with the user’s private network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited;
  7. Distribute programs that remove locks or time-outs built into software (cracks);
  8. Transmit unsolicited bulk or commercial messages, commonly referred to as “spam” or collect responses from unsolicited e-mail. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  9. Send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;
  10. Restrict, inhibit, interfere with the ability of other Internet Users, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
  11. Restrict, inhibit, interfere, disrupt or cause performance degradation, regardless of intent, purpose or knowledge, to the Service or any AIR-PIPE (or AIR-PIPE Supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any AIR-PIPE (or AIR-PIPE Supplier) facilities used to deliver the Service;
  12. Resell or otherwise make the Service available for use by non-customers (i.e. wi-fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis, unless such use is specifically agreed to in writing by AIR-PIPE. The Service is for personal and non-commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-AIR-PIPE local area network or wide area network, unless such use is specifically agreed to in writing by AIR-PIPE;
  13. Connect multiple computers to establish a LAN (Local Area Network) that results in a violation of the terms of this Policy or an applicable Service plan;
  14. Run, operate and maintain programs, equipment, or servers that provide network content or any other services to anyone outside of your personal LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
  15. Service, alter, modify, or tamper with the AIR-PIPE Equipment or Service or permit any other person to do the same who is not authorized by AIR-PIPE;
  16. 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 abuse of operator privileges and attempts to “crash" a host.
  17. Violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access.

SECURITY

Service Customers are responsible for misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account.  Therefore, Service Customers are ultimately responsible for all malicious behavior originating through their Service.  In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

INAPPROPRIATE CONTENT AND TRANSMISSIONS

AIR-PIPE reserves the right, but is not obligated, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether this material or its dissemination is unlawful.  Neither AIR-PIPE nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, or instant message transmissions or postings on personal or individual websites) made on the Service. However, AIR-PIPE and its affiliates, suppliers, 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 the Subscriber Agreement and any other applicable agreements and policies.

ELECTRONIC MAIL

As stated, the Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy or the acceptable use policy of any other Internet Service Provider. Moreover, unsolicited e-mail may not direct the recipient to any Web site or other resource that uses the Service. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. You may not reference AIR-PIPE or the AIR-PIPE network (e.g. by including “Organization: AIR-PIPE" in the header or by using an IP address that belongs to AIR-PIPE or the AIR-PIPE network) in any unsolicited e-mail even if that e-mail is not sent through the Air-Pipe network or Service.

AIR-PIPE is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. AIR-PIPE is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at AIR-PIPE’s sole discretion. In the event that AIR-PIPE believes in its sole discretion that any subscriber name, account name, or e-mail 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, AIR-PIPE (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, AIR-PIPE may at any time reserve any identifiers on the Service for AIR-PIPE’s own purposes.

INSTANT MESSAGES AND VIDEO MESSAGES

Users alone are responsible for the contents of their instant messages and video messages and the consequences of any such messages. AIR-PIPE assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages or video messages.

THIRD PARTY RULES; USENET; NEWSGROUPS

Through use of the AIR-PIPE services, users may access search engines, subscription Web services, chat areas, bulletin boards, newsgroups, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use.  Users must adhere to any such rules regulations, guidelines, or agreements.

NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

AIR-PIPE may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. Service Customer shall ensure that use of the Service does not restrict, inhibit, interfere with, or degrade any other user’s use of the Service, nor represent (in the sole judgment of AIR-PIPE) an overly large burden on the network.  The continuous uploading and/or downloading of information is prohibited.  Additionally, AIR-PIPE reserves the right to limit Service Customer’s ability to download streaming video during peak usage hours.  Service Customer shall ensure that use of the Service does not restrict, inhibit, interfere, disrupt, degrade, or impede AIR-PIPE’s ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

Service Customer agrees to comply with all AIR-PIPE network, bandwidth, data storage and usage limitations. Service Customer shall ensure that bandwidth consumption does not exceed the limitations that are now in effect or may be established in the future.  Should use of the Service result in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, AIR-PIPE may, at its sole discretion, terminate or suspend Service and/or offer subscription to higher bandwidth usage limitations to meet the needs of Service Customer and AIR-PIPE.

Service Customer may only access and use the Service with a dynamic Internet Protocol (“IP") address that adheres to the dynamic host configuration protocol (“DHCP"). Service Customer may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless, expressly authorized by AIR-PIPE in writing.

COPYRIGHT INFRINGEMENT

AIR-PIPE is committed to complying with U.S. copyright and related laws, and requires all Service Customers to comply with these laws. Accordingly, as noted above, Service Customers may not store and/or disseminate material or content that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

VIOLATION OF ACCEPTABLE USE POLICY

AIR-PIPE does not routinely monitor the activity of Service Customers for violation of this AUP. However, every effort is made to promote good citizenship within the Internet community, so upon notification of inappropriate Use, AIR-PIPE will respond accordingly.  AIR-PIPE and its suppliers reserve the right to monitor bandwidth, hours and types of usage, upload and download performance, transmissions, and content from time to time in order to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service, Service Customers and other Internet users.

AIR-PIPE will advise violators of inappropriate behavior before taking remedial action.  AIR-PIPE and suppliers may at their sole discretion take remedial action regardless of whether Service Customer has been advised. Actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. AIR-PIPE reserves the right to bill or charge Service Customer for time spent on these remedies.  AIR-PIPE, its affiliates, suppliers, and agents assume no liability for any of these actions.  AIR-PIPE reserves the right to take legal or technical action as deemed appropriate.

AIR-PIPE reserves the right to investigate suspected violations of the AUP, including gathering information from suspected violator(s) and complaining or affected parties and information on the AIR-PIPE Network, including routers, servers, switches, access points, etc.  During the investigation, AIR-PIPE may suspend Service(s) involved and/or remove or block material that potentially violates this Policy.  Service Customers expressly authorize AIR-PIPE and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet Service Providers or other Network or Hosting facilities in order to enforce this Policy. This cooperation may include AIR-PIPE providing available personally identifiable information about Service Customer to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, AIR-PIPE is authorized to delete any files, programs, data and e-mail messages associated with your account.

The failure of AIR-PIPE or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Service Customer agrees that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

Service Customer agrees to indemnify, defend and hold harmless AIR-PIPE and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from Service Customer engaging in any prohibited activities listed in this AUP or resulting from violation of the AUP or of any other posted AIR-PIPE policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.

Revised and effective: April 30, 2014