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FAST WAVE ACCEPTABLE USE POLICY

Any use of Fast Wave Networks, LLC ("FAST WAVE") broadband services to include Internet access and voice over IP, (“Services”) by you (sometimes herein referred to as “Subscriber”) is subject to this Acceptable Use Policy (“AUP”). In addition to, and not in lieu of, this AUP, you are subject to the terms, conditions and provisions of the applicable Internet Policy (as amended and renewed from time to time, the “Internet Policy”), and the Terms and Conditions of the Services (as amended and in effect from time to time, the “Terms and Conditions”) located at http://www.fastwavenetworks.com. FAST WAVE may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing by you in connection with the Services. FAST WAVE reserves the right to suspend or terminate an account for any actual or threatened violation of this AUP, the Terms and Conditions, and/or the Internet Policy, or take other action as deemed appropriate by FAST WAVE in its sole discretion. FAST WAVE assumes and expects you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that must be avoided.

The following constitute violations of this AUP:

  1. Illegal use. Using the Services to transmit any material by any manner that violates any applicable law, or any rules or regulations promulgated there under, or any treaty or tariff (including transmitting obscene materials, intentionally spreading computer viruses, gaining unauthorized access to private networks, engaging in the transmission of pirated software, conducting or participating in illegal gambling, and soliciting for illegal pyramid schemes through email or USENET postings.
  2. Tortious conduct. Using the Services: (a) to violate rules, regulations and policies applicable to any networks, server, computer database, website or ISP to which you gain access through the Services; (b) in any manner that is defamatory, fraudulent, indecent, offensive or deceptive; (c) to damage the name or reputation of FAST WAVE, its affiliates or its subsidiaries; or (d) to create or attempt to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of FAST WAVE, its affiliates or its subsidiaries.
  3. Network disruptions; Harmful activities. Using the Services for any activity (whether illegal or not) which adversely affects the ability of other people or systems to use FAST WAVE Services or the Internet as determined by FAST WAVE in its sole discretion, or using the Services for any activity (whether illegal or not) which FAST WAVE determines in its sole discretion to be harmful to its subscribers, operations, reputation, goodwill or customer relations. This includes "denial of service" (DoS) attacks against another network host or individual user, running programs designed to defeat network inactivity timeouts, maintaining an open SMTP relay. You may not operate a file-sharing system (such as BitTorrent, GNUtella, Limewire or similar applications) on the Fast Wave system. You also may not operate any kind of a server (web, file, chat, etc.) on our network system. Any such software on your computer must be disabled before joining the network. Users found to be in violation of this policy will be suspended and possibly terminated from the Fast Wave Network. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Subscriber's responsibility to ensure that their computer is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their computer for illegal or inappropriate actions.
  4. Facilitating violation. Advertising, transmitting, or otherwise making available any software, program, product or service that is designed to violate or facilitate a violation of this AUP, the Internet Policy or the Terms and Conditions (including spamming, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software).
  5. Unsolicited bulk or commercial email. Using the Services to: (a) transmit – or facilitate the transmission of – any unsolicited commercial or bulk email; (b) “mail bomb” (sending mass unsolicited mail or deliberately sending very large attachments to one recipient); (c) “spamming” or sending large numbers of unsolicited commercial email messages or unsolicited bulk email to advertise, offer, sell or buy any goods or services, for any business or individual; or (d) sending the same or substantially similar unsolicited email messages, whether commercial or not, to fifty (50) or more recipients. FAST WAVE has the discretion to determine, whether the intended recipients were from an “opt-in” email listing of the sender. If these provisions are violated, you may be required, as determined by FAST WAVE in FAST WAVE’s sole discretion, to pay FAST WAVE $50 per day of unintended violations and $500 per day for deliberate violations.
  6. Email Attachments. Using the Services to send unreasonably large email attachments.
  7. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
  8. Threats. Using the Services to transmit any material by any manner that threatens or encourages bodily harm or destruction of property.
  9. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
  10. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous emailers or nicknames does not constitute impersonation.
  11. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FAST WAVE’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
  12. Intellectual property right infringement. Using the Services to transmit, publish, submit, copy, reproduce, steal, infringe on or distribute any information, software or other material (by email, uploading, posting, or otherwise) that is protected by copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, unless you own or control the rights thereto or have received all necessary consents to do the same.
  13. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  14. Reselling the services. Reselling the Services without FAST WAVE's written authorization.
  15. Export control. Using the Services to export encryption software over the Internet or otherwise to points outside the United States.

FAST WAVE reserves the right to revise, amend, or modify this AUP at any time.

FAST WAVE will not, as an ordinary practice, proactively monitor the activities of those who use the Services to ensure compliance with this AUP and/or the law. However, FAST WAVE may from time to time perform routine surveillance of its network in connection with the maintenance of the Services during which FAST WAVE may discover violations of this AUP, and FAST WAVE may act upon information obtained during such surveillance.

If FAST WAVE is alerted to violations or potential violations of this AUP, FAST WAVE will take whatever measures that it deems necessary to stop or prevent those violations, including the actions described in this AUP, the Terms and Conditions, and the Internet Policy. You must make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the Services.

FAILURE TO OBSERVE THE GUIDELINES SET FORTH IN THIS AUP, THE INTERNET POLICY AND/OR THE TERMS AND CONDITIONS CAN RESULT IN ANYTHING FROM A WARNING TO A SUSPENSION OF PRIVILEGES OR TERMINATION OF YOUR SERVICES. Decisions of FAST WAVE are final in connection with any such violations. FAST WAVE may refer potential violations of laws to proper authorities. FAST WAVE assumes no obligation to inform a user of its Services that such user’s information has been provided and, in some cases, may be prohibited by law from giving such notice.   

Any party seeking to report a violation of this AUP may contact FAST WAVE at support@fastwavenetworks.com 

Any party seeking to send FAST WAVE a Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act of 1998 must send such notification to FAST WAVE's designated Copyright Agent at anthony@fastwavenetworks.com .