1.1 When you use AWI Broadband Services for Internet access, you must protect the AWI network by either disabling or password protecting file and print sharing on your computers or have a firewall solution that prohibits unauthorized access to your computer. If you so choose to utilize a wireless router, you must secure it to prevent unauthorized access. The account holder will be responsible for any abuse of their connection, which might include incurring additional costs. When using our service, you may not:
1.1.1 restrict or inhibit any other user from using the Internet;
1.1.2 post or transmit any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting or encouraging, conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation U.S. export control laws and regulations;
1.1.3 post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful component;
1.1.4 post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through AWI Broadband Services for commercial purposes;
1.1.5 upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
1.1.6 upload, post, publish, reproduce, transmit or distribute in any way any component of AWI Broadband Services or derivative works, as they are copyrighted as a collective work under U.S. copyright laws;
1.1.7 remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
1.1.8 avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
1.1.9 send unsolicited e-mail that causes complaints from the recipients of the unsolicited e-mail;
1.1.10 send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mail bombing");
1.1.11 make any unauthorized attempt to gain access to any account or computer resource not belonging to that user
1.1.12 attempt to send e-mail or newsgroup articles or postings using a name or address of someone other than yourself, attempt to impersonate any person or using forged headers or other identifying information.
1.1.13 engage in conduct which interferes with AWI's ability to provide Broadband Services or interferes with the rights of others including, but not limited to hacking, circumvention of user authentication or security of any host network, or account, "denial of service" attacks (port scans, flooding of networks, deliberate overload attempts, etc.);
1.1.14 scan or probe the security of the AWI or any other network for any purpose whatsoever by the use of packet sniffers, siphons, decoders or other methods;
1.1.15 obtain or attempt to obtain AWI Broadband Services by any means or device with intent to avoid payment;
1.1.16 attempt unauthorized access, alteration, destruction, or any attempt, of any information of any AWI customers or end-users by any means or device;
1.1.17 use AWI's products and services to interfere with the use of the AWI network by other customers or authorized users;
1.1.18 violate the law or aid another in any unlawful act;
1.1.19 resell AWI Broadband Services or any other AWI service to any third parties without prior express written consent from AWI
1.1.20 engage in any commercial or business activities using a residential account without prior express written consent from AWI;
1.1.21 run programs or servers that provide network services to others through AWI Broadband Service which includes, but is not limited to, web hosting, multi-user interactive forums, game servers, operating an internal mail, http, ftp, irc, or dhcp server to serve external connections or support multi-user interactive forums;
1.2 You are responsible for ensuring that your usage of AWI Broadband Service does not improperly restrict, degrade or adversely affect any other user's use of neither AWI Broadband Services nor represent, in AWI's sole judgment, an unusually large burden on the network itself. The tariff speeds are burst speeds. You must comply with the then current bandwidth, data storage and other limitations on your service. If excessive bandwidth or service utilization is determined by AWI to adversely affect AWI's ability to provide AWI Broadband Services for its other customers, immediate action may be taken to alleviate the problem, which might include additional fees posted to your account.
1.3 Except for information, products or services clearly identified as being supplied by AWI, AWI does not operate or control any information, products or services on the Internet.
1.4 The Internet contains unedited materials that may be offensive or objectionable to you. You access these materials at your own risk. AWI has no control over and accepts no responsibility for these materials. Customers may wish to utilize software designed to limit access to certain material on the Internet.
1.5 YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, ATTORNEY’S FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
1.6 AWI may take any action it deems appropriate without notice to protect the AWI Broadband Services and its facilities for provision of AWI Broadband Services. If AWI denies you access to AWI Broadband Services pursuant to this Section, you will have no right:
(i) to access through AWI any materials stored on the Internet, or
(ii) to access third party services, merchandise or information on the Internet through AWI,
and AWI will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.
1.7 AWI has no obligation to monitor AWI Broadband Services. You agree that AWI has the right to monitor AWI Broadband Services electronically from time to time, and you consent to AWI's access, use, and disclosure of any information as necessary to satisfy any law, regulation, or other governmental request, to operate AWI Broadband Services properly, to improve the Services, or to protect itself or its customers. AWI reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement.
1.8 If you wish to make purchases on the Internet, you may be asked by the merchant or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Internet for the purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Internet set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when the charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Internet.
1.9 AWI shall not be responsible for acts of God; acts of public enemies; orders of any kind of the government of the United States of America or of any individual state or any of their departments, agencies, political subdivisions, or officials; or any civil or military authority; insurrections; riots; acts of terrorism; epidemics; landslides; lightning; earthquakes; fires; hurricanes; volcanic activity; storms of extraordinary force; floods; washouts; droughts; civil disturbances; explosions; or any other cause or event not reasonably within its control; by virus, hacking, system outages; or the loss of data or services caused by the foregoing. Billing adjustments for downtime will only be considered by AWI if the cause of the service interruption is determined to be caused by failed systems maintained by American Wireless, Inc. Billing adjustments will only be considered if such outages are for a continuous 24-hour period or longer. Adjustments will be prorated based on monthly charges.
1.10 You agree to adhere to this Acceptable Use Policy, and acknowledge it is your responsibility to be familiar with updates to this Agreement by periodically viewing it online at http://awinetworks.com/policy.html