INTRODUCTION
AnywAIR provides a variety of Internet services to residences and businesses (the “Services”). The anywAIR residential service allows subscribers to connect to the Internet through a high-speed Internet access connection. The Services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the Services, therefore, is subject to the rules and guidelines set forth below. Each customer of anywAIR is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE anywAIR CUSTOMER SERVICE DEPARTMENT SO THAT THE USER’S ACCOUNT MAY BE CLOSED.
You agree to use the anywAIR Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
- 1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- 2. infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
- 3. removes any proprietary notices or labels on the Content;
- 4. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- 5. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- 6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- 7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- 8. interferes with others using the Sites;
- 9. is off-topic according to the description of the group, forum or webpage;
- 10. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- 11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- 12. disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
- 13. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- 14. creates a false identity for the purpose of misleading others;
- 15. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- 16. uses any anywAIR domain name as a pseudonymous return email address;
- 17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- 18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- 19. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
- 20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
- 21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- 22. systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
- 23. makes derivative uses of the Sites or the Content;
- 24. uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
- 25. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
The anywAIR network is designed for typical usage by a typical residential computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Therefore, users must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of anywAIR) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede anywAIR’s ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
How does anywAIR manage its Network?
AnywAIR strives to provide customers the best experience when using our network, a shared resource among hundreds of thousands of customers.
AnywAIR may use tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that anywAIR may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.
How does anywAIR track usage?
We collect data on customer traffic pattern usage through the use of traffic management software. AnywAIR reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
What is Excessive Use?
Excessive use means bandwidth or data usage that is significantly higher than typical usage for which our network is designed. Excessive Users consume so much data that their usage could negatively impact the Service provided to other customers
VIOLATION OF THIS ACCEPTABLE USE POLICY
What happens if you violate this policy?
AnywAIR reserves the right to suspend without notice or terminate the Service and your Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement.
How does anywAIR enforce this Policy?
AnywAIR does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although anywAIR has no obligation to monitor the Services and/or the network, anywAIR reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and anywAIR users. AnywAIR prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which anywAIR, in its sole but reasonable discretion, believes violate this Policy, anywAIR may take any responsive actions it deems appropriate. Such 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 Services. AnywAIR will not have any liability for any such responsive actions. The above described actions are not anywAIR’s exclusive remedies and anywAIR may take any other legal or technical action it deems appropriate. AnywAIR reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on anywAIR’s servers and network. During an investigation, anywAIR may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize anywAIR to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include anywAIR providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, anywAIR is authorized to delete any user ID, files, programs, data and email messages associated with such an account. The failure of anywAIR to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree 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. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Wyoming.
MISCELLANEOUS PROVISIONS
Cable Modems
AnywAIR strives to produce a high level of reliability, stability and security for our High-Speed Internet Subscribers. The cable modem is a critical network element which we constantly evaluate for compatibility and performance. Due to technical limitations, changes to our network, discontinued support by manufacturers, regulatory obligations, or defects, certain cable modem models that previously were certified may be deemed to no longer be suitable for our network. If you own your modem and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase a new modem. AnywAIR’s support website maintains a current list of certified modems for use on its network. AnywAIR reserves the right to upgrade, via software download and without subscriber notification, all cable modems currently connected to its network.
Limitations of Liability
AnywAIR will make reasonable efforts to provide customers with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. AnywAIR reserves the right to interrupt the Service usually between the hours of 1am to 5am (MST or Local) for maintenance purposes. Also, understand that anywAIR has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond anywAIR’s control. As to anywAIR’s own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. While anywAIR employs virus and spam checking software, the speed of new virus and spam creation is such that anywAIR does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Service is at your own risk and the Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, anywAIR, its parent company, and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, anywAIR’s liability to you for all potential claims will not exceed the total amount of service fees paid during the preceding three months. As to consumer customers, some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Service.