Acceptable Use Policy

VELOCITY WIRELESS INTERNET SERVICE  (“Velocity Wireless “) has adopted this acceptable use policy applicable to all users of VELOCITY WIRELESS INTERNET SERVICE ‘s high speed Internet service, including VELOCITY WIRELESS INTERNET SERVICE ‘s web site VelocityWireless.net (the “Internet Service”). This acceptable use policy is intended to advance VELOCITY WIRELESS INTERNET SERVICE ‘s goal of providing reliable and high quality Internet service to its subscribers.

  1. .APPLICABILITY PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO USING THE SERVICE; BY SUBSCRIBING TO THE INTERNET SERVICE, YOU, THE SUBSCRIBER, ARE AGREEING TO THE TERMS OF THIS ACCEPTABLE USE POLICY. YOU ARE RESPONSIBLE FOR ANY VIOLATION OF THIS ACCEPTABLE USE POLICY OR MISUSE OF THE SERVICE THROUGH THE USE OF YOUR ACCOUNT, EVEN IF THE MISUSE WAS CONDUCTED BY A THIRD PARTY OR OTHER END USER WITH ACCESS TO YOUR ACCOUNT, WHETHER PERMITTED BY YOU. IT IS YOUR RESPONSIBILITY TO SECURE YOUR COMPUTER(S), NETWORK AND/OR ANY DEVICE, INCLUDING WIRELESS NETWORK (“WiFi”) DEVICES CONNECTED TO THE SERVICE SO THAT SUCH MISUSE IS PREVENTED.

  1. REVISIONS TO POLICY VELOCITY WIRELESS INTERNET SERVICE  MAY REVISE THIS ACCEPTABLE USE POLICY FROM TIME TO TIME WITHOUT NOTICE BY POSTING A SUCH REVISION ONVELOCITYWIRELES.NET OR ANY SUCCESSOR URL. ANY REVISION OF THIS ACCEPTABLE USE POLICY IS EFFECTIVE IMMEDIATELY UPON SUCH POSTING. AS SUCH, YOU SHOULD REGULARLY VISIT VELOCITYWIRELES.NET AND REVIEW THE POSTED ACCEPTABLE USE POLICY. IN THE EVENT OF A CONFLICT BETWEEN ANY SUBSCRIBER OR CUSTOMER AGREEMENT AND THIS ACCEPTABLE USE POLICY, THE TERMS OF THIS ACCEPTABLE USE POLICY WILL GOVERN.

  1. VIOLATIONS VELOCITY WIRELESS INTERNET SERVICE  RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT WITHOUT NOTICE AT VELOCITY WIRELESS INTERNET SERVICE ‘S SOLE DISCRETION IF YOU OR OTHERS WHO USE YOUR ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. VELOCITY WIRELESS INTERNET SERVICE  ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION FROM VELOCITY WIRELESS INTERNET SERVICE ‘S WEB SITES THAT VIOLATE THIS POLICY FOR ANY REASON WHATSOEVER FROM AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE.

  1. The Internet Service is provided for personal and family use within a single residential household. You agree that you will not use, nor allow others to use, the Internet Service to operate any type of business or commercial enterprise or to use the Internet Service as an Internet service provider. You may set up one (1) Web page per e-mail account for personal use using the Internet Service, but you may not establish a web page using a server located at your home. You agree that you will not use, nor allow others to use, your home computer as a Web Server, FTP Server, file server or game server or to run any other server applications. Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Internet Service in any manner, including by wireless means.

  1. NO ILLEGAL OR FRAUDULENT USE You agree that you will not use, and not encourage or allow others to use, the Internet Service to violate any applicable federal, state, local or international laws orders or regulations. You agree that you will not use, nor allow others to use, the Internet Service to plan or commit, or encourage or help others to plan or commit, a crime, fraud or act of terrorism, including but not limited to posting or transmitting information, data or material that is unlawful, abusive, libelous, slanderous, obscene, profane, unlawful, threatening, or defamatory, posting or transmitting child pornography or obscene material, engaging in a pyramid, Ponzi or other illegal soliciting schemes, sending chain e-mail that request money or other items of value, illegal gambling, the offering for sale of illegal weapons or substances, the promotion or publication of any material that may violate hate crime laws, or exporting software or technical information in violation of U.S. export control laws. You agree to indemnify, defend and hold harmless VELOCITY WIRELESS INTERNET SERVICE  and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any act prohibited by this Acceptable Use Policy or resulting from your violation of this Acceptable Use Policy. This paragraph will survive any termination or expiration of any applicable subscriber agreement.

  1. NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS You agree that you will not use, nor allow others to use, the Internet Service to send or receive any information that infringes the intellectual property, including without limitation patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to digitized music, movies, books, photographs, art or other copyrighted materials or software, including VELOCITY WIRELESS INTERNET SERVICE -provided software.

  1. NO THREATS OR HARASSMENT  You agree that you will not use, nor allow others to use, the Internet Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy or rights of any other person or entity.

  1. NO HARM TO AND PROTECTION OF MINORS You agree that you will not use, nor allow others to use, the Internet Service to harm or attempt to harm a minor, including but not limited to using the Internet Service to send pornographic, obscene or profane materials, or violating the Children’s Online Privacy Protection Act.

  1. NO “SPAMMING” You agree that you will not use, nor allow others to use, the Internet Service to send materials in a manner inconsistent with federal and state laws, including without limitation the CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037). These materials include without limitation mass or bulk e-mail, numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content. We reserve the right, in our sole discretion, to determine whether such postings or transmissions constitute an advertisement, promotional material or any other form of solicitation in violation of such laws.

  1. NO “HACKING” You agree that you will not use, nor allow others to use, the Internet Service to access the accounts of others or to attempt to penetrate security measures of the Internet Service or access any other person’s computer or computer system, software, data, confidential or proprietary information of others without the owner’s knowledge and consent (“hacking”) or to cause a disruption of service to other on-line users. You agree that you will not use, nor allow others to use, tools designed for compromising network security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

  1. NO SYSTEM DISRUPTION You agree that you will not use, nor allow others to use, the Internet Service to disrupt, restrict, destroy, impair or create any unusually large burden, disrupt any backbone network nodes or network service used by VELOCITY WIRELESS INTERNET SERVICE , on VELOCITY WIRELESS INTERNET SERVICE ‘s network, computer equipment, content, material, device or system whether owned by VELOCITY WIRELESS INTERNET SERVICE  others,. You also agree that you will not use, nor allow others to use, the Internet Service to disrupt other Internet service providers or services, including but not limited to by e-mail bombing or the use of mass mailing programs, viruses, locks, keys, worms, Trojan horse or other harmful or debilitating feature; distribute mass or unsolicited e-mail, including commercial