TERMS AND CONDITIONS
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FAIR USE POLICY
Open Air Wireless, LLC., (“Company”), is a provider of Internet Service (“Service(s)”) to individuals, residences, and businesses (“Users”). The Company hereby sets forth this document (“FUP") as the terms and conditions governing what shall be defined as fair and acceptable use of Services provided by Company. The laws of Lake County, Illinois shall govern this policy. Submittal of payment to Company for Services, or continued use of Company’s Services, shall constitute agreement with the FUP in its entirety.
1. PURPOSE. The Company desires to provide high quality of Service to all its Users in accordance with their subscribed level of Service (that they have agreed upon with the Company). This FUP is in place to provide Company tools that facilitate the maintenance of these Service levels. In the event any User violates any term set forth within this FUP, capability is given unto Company, or its authorized representatives, to take necessary corrective action. Such action is at the sole discretion of the Company or its authorized representatives.
2. EQUIPMENT. Company uses a wide variety of equipment (“Infrastructure”) to deliver its Service; equipment including but not limited to: routers, radios, customer premise radios, access points, switches, power supplies, servers et al. All Infrastructure remains sole property of Company unless otherwise agreed upon in writing. Destruction of Infrastructure, unapproved access to equipment, or otherwise ill care shall constitute violation of this FUP and be subject to corrective action by Company within the limits set forth within this FUP.
3. NETWORK ADDRESS OWNERSHIP. Company utilizes IP addresses as a necessary component to deliver its Service. All IP addresses assigned to Users by Company shall be considered leased to the User. Company reserves the right, at its discretion, to reclaim or change any IP address at any time. Any User paying Company for a public, static, IP address shall receive written notice seven (7) days before such change and User shall also receive written notice of their new public, static IP address within one (1) business day of such change. In the event User terminates Service or User’s account is not paid up to date, all IP addresses shall immediately revert back to Company.
4. INSTALLATION. Company, or its authorized representatives, will provide, recommend, and/or bill for all necessary hardware and software installation and configuration at the then current and respective rate to provide User with access to Service per their level of Service as agreed upon with Company. After the initial installation (the day User is provided access to Company’s Service) Company shall not be liable for any further installation or configuration except to maintain level of Service as agreed upon between the User and Company. Any additional services, configuration, or installation provided outside of the aforementioned exception shall be billable at the then current rate and subject to additional terms not set forth within this FUP.
5. PERSONAL FILES. Company is not responsible for any of User’s personal files or information. User is responsible to maintain back ups (copies) of their own information and files. User agrees to indemnify and hold blameless the Company and all its representatives in the event User fails to maintain back ups of their files and information. Company reserves the right to remove any files or information pertaining to User from Company’s Infrastructure in the event Service is terminated by either party.
6. SECURITY. Company does not guarantee to User absolute security of any communication or use of its Service. Company takes certain provisions in attempts to maintain high levels of security but by nature any service tied to the Internet does have certain inherent security risks. Company will never disclose any confidential information provided to Company outside of the Company and its authorized representatives except when Company is within its lawful capacity to cooperate with authorities.
7. COMPLIANCE WITH ALL LAWS. Users agree to abide by all laws, regulations, and statutes set forth by their local, state, and federal governing bodies while using Services provided by Company and Users will indemnify and hold Company and its authorized representatives blameless in any claim against same.
8. MONITORING AND PRIVACY. Company complies with all applicable laws, regulations, and statutes pertaining to monitoring and privacy as set forth by Company’s governing bodies. Company does not monitor User’s use of Service except where provided by governing bodies and only to the extent as required to maintain health of the Infrastructure, to maintain certain agreed upon levels of Service to Company’s Users, and to cooperate with authorities.
9. COOPERATION WITH AUTHORITIES. Company cooperates fully with all lawfully appointed authorities and is serious about involving the law and their representatives for any illegal egress or transaction that Users may attempt while using Company Services.
10. RIGHTS TO DAMAGES. Company reserves the right to pursue and claim any and all economic damages caused by the User that violates this FUP or any other terms of service established by the Company. Company may at its sole discretion file formal complaints with the appropriate courts against any User who directly participates in or allows by negligence or otherwise any harm to come to the Company.
11. EXCESS UTILIZATION OF INFRASTRUCTURE OR RESOURCES. All User’s network usage is monitored to the extent required to maintain fair levels of Service to ALL Users in accordance with their agreed upon level of Service. Company may at its sole discretion slow, throttle, or otherwise cap any User’s Service or suspend or discontinue service altogether for Users exceeding their due levels of Service as agreed upon with Company. It is the responsibility of each User to not exceed their level of Service or otherwise abuse the Infrastructure or Company resources. Excessive use of Service shall be defined as maintaining utilization levels that exceed fifty percent (50%) of the subscribed connection speed for more than thirty-three percent (33%) of any rolling twenty four (24) hour period of time.
a. EXCESS UTILIZATION EXCEPTION. Certain Users subscribing to dedicated bandwidth, will be excluded from section eleven (11) of this FUP. This exception shall be noted in the service contract signed by Company and User. Only Users with this exception in their service contract shall be excluded.
12. SCOPE OF THE USER. It is the responsibility of the User to maintain full control of their connection to Services provided by Company. The User shall not allow access to Services willfully or negligently by anybody not physically present within their home or business as is listed with Company upon Service installation. User is responsible for any use of the Service as allowed by them, again, willfully or negligently. Further, User shall be responsible for maintaining their own Security across their network which shall be defined as from the LAN (local area network) port on the customer premise radio’s power supply onward (moving away from the customer premise radio). User agrees to not place any device not approved by Company between the customer premise radio and its power supply or between the power supply and the customer router.
13. RESALE OF SERVICE. User agrees not to sell, trade, barter, or otherwise negotiate access to the Service unless explicitly allowed by Company in writing.
14. VIRUS / MALWARE PREVENTION AND ABATEMENT. Reasonable precautions shall be taken by the User regarding all devices that are connected to the Service, to ensure such devices are protected and free from Viruses and Malware that may negatively impact the Company’s Infrastructure and Resources. Any User Service deemed to have such an infected device connected may be disabled immediately and without notice at the Company’s sole discretion. It will be the User’s responsibility to take corrective action and certify such action has been taken prior to the Company restoring the Service.
15. UNSOLICITED EMAIL – SPAM. Under no circumstances, knowingly or unknowingly will the User utilize the Service to distribute Unsolicited Email, otherwise known as SPAM. Any User Service deemed to have such a device connected that is sending SPAM may be disabled immediately and without notice at the Company’s sole discretion. It will be the User’s responsibility to take corrective action and certify such action has been taken prior to the Company restoring the Service. At the sole discretion of the Company, repeated offenses may result in termination of the Service and referral of the matter to the appropriate law enforcement agencies.
16. PERSONAL BEHAVIOR. Abusive behavior by the User or on behalf of the User will not be tolerated. Abusive behavior shall include but not be limited to foul language, threats of harm, harassment, excessive calling, et al. Company reserves the right to terminate Service with any User that Company deems abusive at its sole discretion.
17. RIGHT TO DISCONNECT ACCOUNTS. Company maintains the right to immediately terminate any connections that are not authorized by the Company. Additionally, Company reserves the right to terminate Service with any User that has been made aware they are in violation with any portion of this FUP and does not take immediate corrective action or attempts to utilize any service not authorized by Company or paid for by User. Any violation of this FUP that results in the termination of Service to the User by Company shall not result in any refund.
18. RIGHT TO MODIFY, CHANGE, OR ALTER. Company reserves the right to change, modify, amend, update, or otherwise alter this FUP, any terms of service, and any charges for services as Company needs arise. Continued use of Company Services or submittal of payment to Company shall signify agreement with any and all changes in their entirety. Company agrees to make copies of this FUP available to the general public upon request or on its company website (www.openairwireless.net).
Copyright © 2013 OpenAirWireless LLC. All Rights Reserved