ACCEPTABLE USE POLICY

1. ACCEPTABLE USE

Airwavz Solutions, Inc. (Airwavz), and its affiliates, agents and contractors, complies with the laws and regulations that govern use of the Internet to ensure all customers may use Airwavz’ services without interference. This Acceptable Use Policy (AUP) applies to all Internet services offered by Airwavz (referred to herein as “Internet Services” or “Services”). It is Airwavz’ policy to provide robust and reliable access to the Internet for all of its end user customers.

Because network resources are shared by all users, Airwavz has implemented these policies to govern Internet Services. These policies are designed to: (a) ensure that shared network resources are allocated fairly among all users; (b) allow users and prospective users to understand service policies and any significant limitations on the Internet Services; and (c) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.

Airwavz does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (a) is certified by the Federal Communications Commission (FCC); (b) is used for a lawful purpose consistent with Airwavz’ Acceptable Use Policy; and (c) does not harm the network or degrade network performance for other users. All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.

You are encouraged to familiarize yourself with these policies. By using Airwavz’ Internet Services, you accept, agree to be bound by, and to strictly adhere to, these policies. You also agree to be responsible for compliance with these policies by third parties, such as friends, family members, or guests that make use of your service accounts or equipment to access the network for any purpose, with or without your express permission.

Airwavz reserves the right to change or modify this AUP at any time, effective when posted on Airwavz’ web site at https://airwavz.com/aup.

General Policy. Airwavz reserves the sole discretion to deny or restrict your service, or immediately suspend or terminate your service, if the use of the service by you or anyone using it, is objectionable or unlawful, interferes with the functioning or use of the Internet or Airwavz’ network for Airwavz or other users, or violates the terms of this AUP.

Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Internet Service. It is a violation of this AUP to:

• access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Airwavz or any other entity, or to penetrate the security measures of Airwavz or any other person's computer system, or to attempt any of the foregoing;
• transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, spamming, flaming or denial of service attacks;
• introduce viruses, worms, harmful codes or Trojan horses on the Internet;
• Crypto-mining;
• use the service to host, post, or transmit any content that is obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, violent, or that promotes the use of violence or harm to others, including any content that harasses, or threatens the health or safety of others;
• violate Airwavz' or any third party's copyright, trademark, proprietary or other intellectual Property rights;
• engage in any conduct harmful to Airwavz’ network, the Internet generally or other Internet users;
• use the service to violate any rule, policy or guideline of Airwavz;
• use the service for any activity which may violate criminal or civil local, state, or federal law, international law, treaty, court order, regulation or administration rule;
• violate any export control laws, or download or use the Internet Service in destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of State, Treasury, or Commerce.

Interaction with Minors. Airwavz complies with all laws that protect minors and Airwavz will report any case of child exploitation to the National Center for Missing and Exploited Children. 

Child Pornography. Airwavz’ Internet Services may not be used to submit or receive, upload or download, post, use, copy or transmit, distribute or store child pornography. Should you suspect violations of this prohibition, you should report it to Airwavz immediately. Airwavz will report any such violation to the National Center for Missing and Exploited Children.  

E-mail. The CAN-SPAM Act of 2003 sets forth requirements for commercial e-mails and electronic messages. Violation of these requirements, or any other law applicable to e-mail services or electronic messages, is a violation of this AUP. Prohibited Spam/E-mail include, but are not limited to the following:

• intercepting, interfering, or redirecting another person’s e-mail or other transmission;
• sending unsolicited commercial e-mail or electronic messages for advertising purposes;
• sending bulk unsolicited electronic mail messages (mail-bombing);
• sending unsolicited commercial e-mail or electronic messages without providing a means for recipients to opt-out of receiving such messages;
• generating excessive amounts of e-mail or electronic messages that could disrupt Airwavz’ network;
• using an unauthorized e-mail server, Internet address or computer to send email or messages to deceive recipients as to the origin, or to conduct prohibited activities under this AUP;
• using deceptive subject lines and failing to disclose clearly and conspicuously that your message is an advertisement;
• using false or misleading header, user or sender information;
• failing to identify the sender, sender's return address, or e-mail address of origin in the header or subject of the e-mail or message;
• sending e-mail or electronic messages to interfere with another’s use of the Internet;
• sending e-mail or electronic messages to those who have opted-out from receiving such messages.

Customer and Network Security.  Customers are responsible for the security of their systems and devices that connect to the Internet, including updating systems as necessary. Airwavz’ Internet Services may not be used to interfere with or gain unauthorized access to, or otherwise violate the security of Airwavz' or any other party’s computer, network, devices, software or data. System security violations include, but are not limited to, the following:

• unauthorized interception of data or e-mail addresses of Airwavz’ or any other party’s network or system;
• hacking or gaining access to, the security of any system, network, server, computer, or data, without authorization;
• deceptively obtaining personal information of third parties (phishing);
• using any program or transmission that interferes with access or use of the Internet; crypto-mining;
• using any program or tool that compromises security including password guessing programs and packet sniffers;
• knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, or corrupt files to damage another person's computer or network, or to hi-jack such system;
• transmitting pirated software;
• failing to take reasonable security measures to prevent violation(s) of this AUP.

Customer Responsibilities. Airwavz’ customers are solely responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using Airwavz’ Internet Services. Airwavz is not responsible for any material created or accessible on its network by Internet Services users. Customers are responsible for preventing and remedying any violation of this AUP.

USENET.    Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) is explicitly prohibited.

Enforcement. Failure to comply with this AUP may result in the suspension or termination of your Internet Services. Airwavz has the right, without notice, to suspend or terminate your Internet Services pursuant to a court order or government demand. Airwavz may also suspend or terminate your Internet Services when such use violates any law, or could subject Airwavz to civil liability or prosecution, or causes harm or interference to Airwavz’ network or other customer’s use of Internet Services. Airwavz will respond appropriately if it becomes aware of the inappropriate or wrongful use of the Services. Airwavz has no obligation to monitor the Service and/or the network. However, Airwavz reserves the right at any time to monitor bandwidth, usage, transmissions, and content to, among other things, to operate the Service; identify violations of this AUP; and/or protect its network and Internet Services, and other Airwavz users.  

Airwavz may notify customers of inappropriate activities and give them a reasonable period of time to take corrective action. Airwavz prefers to have customers directly resolve any disputes or disagreements they may have with others, whether Airwavz customers or not, without Airwavz' intervention. However, if Internet Services are used in a way that Airwavz, in its sole discretion, believes violates this AUP, it may take any actions deemed appropriate with or without notice. In all cases, Airwavz is not liable for any action it takes in response to what it believes is a violation of the AUP. Airwavz may also take any legal action it deems appropriate with or without notice. 

Airwavz reserves the right to investigate suspected violations of the AUP, including examining material on Airwavz' networks. During an investigation, Airwavz may suspend the account or accounts involved. You expressly agree to cooperate with Airwavz, and with law enforcement authorities, if involved, in the investigation of suspected legal violations. Upon termination of Internet Services, Airwavz may delete any files, programs, data, email and other messages associated with your account. 

The failure of Airwavz to enforce this AUP shall not be construed as a waiver of any right to do so in the future. You also agree to indemnify, defend and hold harmless Airwavz against all claims and expenses (including reasonable attorney fees) resulting from any violation of the AUP. This indemnification will survive any termination of your Internet Services.  

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Airwavz CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

AIRWAVZ RESERVES THE RIGHT TO SHUT DOWN OR TERMINATE ACCESS AT ANY POINT FOR SUSPICOUS ACTIVITY OR IF Airwavz BELIEVES THE USER IS CAUSING MALICIOUS OR DETRIMENTAL NETWORK ISSUES. REACTIVATION MAY RESULT IN A REACTIVATION FEE AND MAY TAKE UP TO 36 HOURS.

AIRWAVZ AND ITS CLIENT’S DESIGNATED ADMINISTRATOR RESERVES THE RIGHT TO SHUT DOWN, SUSPEND OR TERMINATE ACCESS AT ANY TIME, WITH OR WITHOUT CAUSE, AND WILL PROVIDE NOTICE AND INSTRUCTIONS THROUGH EITHER EMAIL OR WEBPAGE TO RESTORE SERVICE.

Copyright Infringement/Repeat Infringer Policy. Airwavz respects the intellectual Property rights of third parties. Accordingly, you may not store any material or use Airwavz' network, systems or servers in any manner that constitutes an infringement of third party intellectual Property rights, including under United States copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Airwavz to suspend or terminate, in appropriate circumstances, the service provided to any user or account holder who is deemed to infringe third party intellectual Property rights, including repeat infringers of copyrights.

In addition, Airwavz expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if Airwavz, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual Property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Airwavz may have under law or contract.

If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may report alleged infringements by sending Airwavz’ Designated Agent a notification of claimed infringement in accordance with the requirements of the DMCA, to:

DMCA Agent

Hyperwavz

abuse-dcma@airwavz-access.com

With a copy to:

Legal

Airwavz Solutions, Inc.

1410 W Morehead St, Suite 100

Charlotte, NC 28208

Upon Airwavz’ receipt of a satisfactory notice of claimed infringement, which complies with the requirements of the DMCA, Airwavz will respond expeditiously and either directly or indirectly (i) remove the allegedly infringing work(s) from the network; or (ii) disable access to the work(s). Airwavz will also notify the affected customer or end user of the removal or disabling of access to the work(s).  If you, as an end user, receive notification of an alleged infringement, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Airwavz’ Designated Agent listed above. Upon Airwavz’ receipt of a counter notification that satisfies the requirements of DMCA, Airwavz will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Airwavz will not be a party to any disputes or lawsuits regarding alleged copyright infringement.  

Airwavz may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms of this AUP. You acknowledge that Airwavz shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the network, including but not limited to content that violates the law or this AUP.

1. PRIVACY POLICY

Information collected. Airwavz may collect information about your use of our products and services. Specifically, Airwavz collects account information such as your name, address, telephone number, e-mail address, and service details such as payment methods and service history.

Use of Information.  Airwavz uses the information collected for purposes such as billing, to deliver and maintain products and services, and to help you with service-related issues and questions. This information may also be used to manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses.

Use of Third Party Applications/Websites. Please note that Airwavz is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.

Information Provided by Third Parties.  When you purchase products or apply for service with us, Airwavz may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.

Retention of Information. Airwavz retains customer information in our business records while you are a customer or until it is no longer required for business, tax or legal purposes.

Cookies. A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user's web browser requests a series of web pages. Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including Airwavz websites, to customize your experiences on the sites and gather information about your navigation of the sites. Information gathered from cookies also helps us understand how our sites are performing and provides website usage information to support customizing and improving our sites and their messaging and advertisements. We also use cookies to help verify the identity of a website user or to recognize you as a registered user and remember your settings and preferences.

You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.

Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting: http://www.adobe.com/products/flashplayer/security.

Web Beacons. Airwavz and third-party advertisers may use web beacons. Some websites contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of information about your interactions on our sites. Web beacons may be used to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or email advertising messages.

III.    AIRWAVZ CONTACTS

If you have any questions or complaints about any of the policies outlined above, how they pertain to you, or specific service and network questions relating to your account, you can contact our offices in the following ways:

• Complaints regarding illegal use or system or network security issues may be sent to abuse-dcma@airwavz-access.com.
• Complaints regarding SPAM or other email abuse may be sent to abuse-dcma@airwavz-access.com.
• Complaints regarding incidents of phishing or spoofing may be sent to abuse-dcma@airwavz-access.com.
• Complaints regarding USENET abuse may be sent to abuse-dcma@airwavz-access.com.
• For live security incidents, please contact Airwavz at 855-638-9289

Airwavz will make all attempts to resolve any questions, problems, or complaints received, however, some items may not be within the company’s control to solve.

For any complaints or questions concerning any third party applications or services that you subscribed to, please contact those vendors directly for support. Airwavz is not responsible or liable for any problems resulting from the use of third party vendors, and generally will not be able to answer questions or provide support for these applications.