Acceptable Use Policy

AWI Acceptable Use Policy

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

Data and Traffic Management Policy

What is Data Usage or Bandwidth Usage?

Data usage (also known as bandwidth usage) is the amount of data, such as photos, videos, emails, and other files being sent or received over a specific period of time. AWI reserves the right to monitor the total amount of bandwidth being used in order to ensure fast and reliable service for all our subscribers.

Does AWI have a monthly data usage limit?

AWI does have a monthly data usage allowance as outlined in the table below.

Package Bandwidth Quota
Basic 50 GB
Value Streaming 150 GB
Premium Streaming 300 GB
Power User 450 GB

OPEN INTERNET POLICY

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules” or “Open Internet Rules”). These Rules went into effect on November 20, 2011.

Information regarding these Rules is available on the FCC’s website at http://www.fcc.gov/guides/open-internet

Why does AWI have data usage allowance?

Data usage allowances are one way to ensure that extremely high bandwidth users do not negatively impact other subscribers using AWI's broadband network. While a very low percentage of AWI Internet subscribers reach their data usage allowance, some subscribers far exceed their allowance and impact the service of other subscribers. Moreover, Internet usage is growing exponentially with all of the new devices, applications and streaming media available. AWI continually invests in its Internet service network to meet increasing demand. Data capacity is not infinite and must be managed to allow fair use of AWI's network.

Congestion Management

In a manner consistent with our Privacy Policy, we monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance our network. We may give priority on an unpaid basis to interactive or critical classes of traffic such as VoIP, traffic essential to the efficient operation our network, and traffic related to the accounts of commercial customers or customers with dedicated connections. We may limit peer-to-peer applications to the extent we determine, in our sole and reasonable discretion, it is appropriate to maintain an efficient network load. Our congestion management practices are in place to ensure that all customers experience high quality service. If we determine, in our sole and reasonable discretion, that the manner in which a customer is using our service negatively impacts other customers or our network, we reserve the right to apply additional congestion management techniques.

Our service is provided on a “best efforts” basis. Certain circumstances may affect the speed and quality of service, including but not limited to foliage, line-of-sight obstructions, the distance between a customer and the transmission point and the connection of multiple devices to our network.

Application-Specific Behavior

Subject to the qualification that we may reasonably limit peer-to-peer applications as set forth above, We generally treat all lawful applications identically; however, we reserve the right to block or limit access to any applications that we determine, in our sole and reasonable discretion, may expose us to potential legal liability, harm our network or otherwise interfere with or impair the experience of other customers on our network.

Privacy Policy

At American Wireless, Inc. (herein referred to as "AWI"), we collect information about our customers and use it to provide our services. We also share it as needed to meet our business goals or fulfill our legal obligations. We protect the information we have about our customers, and we require those we share it with to protect it too. Rest assured that we do not sell, trade, or rent your personal information to third parties. Full details of our Privacy Policy are included here for your reference.

Personal and Business Data

Information such as name, organization, email address, mailing address, credit card number, and expiration date is needed to process your order.

Use of Information

The information you provide is used to provide our services and enhance your experience with AWI. We use it to bill you or send notices about your account and update you on our products and services. We will also occasionally notify you of special offers. »» AWI does not sell, trade, or rent your personal information to third parties. We occasionally provide aggregate information regarding the use of our website to partners, but these statistics never include personally identifying information. »» Please note that if the government or law enforcement requires our customer information, we are legally obligated to release it.

Security

AWI is committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We have administrative, physical and technical controls to safeguard it; We train our employees on the importance of protecting it. Your credit card security is our highest priority. AWI utilizes Secure Sockets Layer (SSL) encryption, an advanced encryption technology that protects the information you send us against unauthorized access. This safeguard has helped, in many cases, to make shopping on the Internet significantly safer than using your credit card at a restaurant or department store.

Cookies

Cookies are small pieces of information that are stored by your browser on your computer's hard drive. AWI uses cookies to personalize your experience, and to keep session-related data for ordering. Most web browsers are automatically set to accept cookies. To change this, or to show a warning each time a cookie request is received, please review your browser's guidelines.

Children and Privacy

AWI has no intention of collecting personal information from children (i.e., individuals under the age of 18). If a child has provided us with personal information, AWI asks that a parent or guardian of the child contact us if they would like the information submitted by a child deleted from our database. AWI will use reasonable efforts to delete such information from its database. If you would like more information about children, privacy and the Internet, you can refer to the Federal Trade Commission's website. http://www.onguardonline.gov/topics/net-cetera.aspx. For additional information, vist http://www.onguardonline.gov/.

Summary

AWI is committed to protecting your privacy. The information you provide is used to provide better service with AWI. We use it to bill you or send notices about your account and update you on our products and services. We do not sell, trade, or rent your personal information to third parties. If you would like to discuss how we use your information, please contact us.

Your Consent

By using AWI services, you consent to our use of your personal and non-personal data as specified above. AWI reserves the right to change this agreement at any time for any reason, without notification.

Disconnect / Refund Policy

Should you need to leave our service, please turn in the equipment (modem, ATA (phone box), & power supply for antenna). We will come and retrieve the antenna. Your agreement with us states that you may be held financially responsible if the equipment is not returned. Also, remember that if you are in a contract and disconnect your service, for any reason, before you have completed the full term, you will still be responsible for the monthly fees for the balance of the contract and/or the cost of Installation and Equipment as stated in the contract. In cases of marital disputes the signatory of the agreement will be held accountable. Any credit balances will be refunded to the account holder after the account has been properly closed.