Acceptable Use Policy

ACCEPTABLE USE POLICY FOR CLEARNETWORX, LLC INTERNET SERVICES

Purpose

Clearnetworx, LLC (“Clearnetworx”) strives to provide its customers with the best Internet service possible. This Acceptable Use Policy (“Policy”) has been adopted to accomplish that goal. This Policy applies to each customer’s (“Customer”) use of Clearnetworx Internet service (“Service”) and is part of and in addition to any terms and conditions contained in the Internet Services Agreement (“Agreement”). This Policy shall apply to both residential and business Customers of Clearnetworx. Any capitalized terms used herein that are not defined shall have the meanings set forth in the Agreement.

Clearnetworx may update this Policy from time to time. This posted Policy shall supersede all prior acceptable use policies and shall govern each Customer’s use of and access to the Service. Failure to comply with this Policy could result in the suspension or termination of a Customer’s Service. Customers must ensure that others they permit to use their Service are aware of this Policy and agree to abide by it. Any Customer who is unwilling to comply with this Policy must immediately stop use of the Service and notify Clearnetworx to close the account.

Customer Responsibility

Customer shall be responsible for any transmission sent, received, posted, accessed, or stored via the Service through Customer’s account, including the content of any communication, and shall be responsible for any prohibited use of the Service or violation of this Policy that occurs through use of Customer’s account, whether by Customer or by an authorized or unauthorized third party.

Acceptable Use

  1. Residential Customer Use. Residential Customers agree to use the Service only for lawful purposes. The residential Service is intended only for personal and family use within a single household, and Customer agrees that only Customer and Customer’s authorized guests in the same household will use the Service. Customer shall not resell the Service by any means or permit others to use the Service for a commercial purpose.
  2. Business Customer Use. Business Customers agree to use the Service only for use in Customer’s business. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by an employee of Customer’s business or an authorized or unauthorized third party. Customer is responsible for any and all e-mail addresses associated with Customer’s account. Customer is solely responsible for the security of (i) any device connected to the Service using Customer’s account, including any data stored or shared on such device, and (ii) any access point to the Service. If Customer sells or resells advertising or web space to a third party, Customer shall be responsible for the content of such space and the actions of the third party. Customer agrees not to resell or redistribute, or permit others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology unless otherwise provided in the Agreement.
  3. Prohibited Use. This Policy prohibits any use of the Service that is illegal, infringes on the rights of others, or interferes with the use of the Service by others. For example, prohibited uses and activities include, but are not limited to, the following:
    1. Posting, storing, sending, transmitting or disseminating material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
    2. Uploading, posting, publishing, transmitting, reproducing or distributing information or other material that is protected by the intellectual property rights of the owner;
    3. Transmitting, disseminating or participating in fraudulent goods, services, schemes, or promotions (e.g., pyramid schemes, chain letters, “pump and dump” stock fraud, make-money-fast schemes);
    4. Violating the rules, regulations, or policies that apply to any third-party network, server, or computer database that a Customer accesses or uses;
    5. Disseminating or posting harmful content including viruses, Trojan horses, worms, or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information;
    6. Distributing, publishing, sending or transmitting unsolicited bulk messages commonly known as “spam;”
    7. Distributing, publishing or sending unsolicited, substantially similar messages, empty messages, or messages with no substantive content, or very large messages or files that disrupt a server, account, blog, newsgroup, chat or similar service;
    8. Participating in the collection of email addresses for the purpose of sending unsolicited bulk email or participating in the use of software designed for this activity;
    9. Using the Service for non-residential purposes, if a residential Customer.
  4. Technical Prohibited Uses. Customer also agree not to use the Service in any way that violates this Policy or negatively impacts network security, quality, or integrity. Such violations include, but are not limited to, the following:
    1. Accessing or using any other person’s computer system, data, software, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network;
    2. Monitoring the traffic or data on any network or system without express authorization of the owner or network;
    3. Interfering with the computer networking or service to any user, host or network, including, but not limited to, flooding a network, overloading a service, denial of service attacks or other attempts to crash a host;
    4. Failing to abide by the acceptable use policies of any other networks, machines, or services that are accessed by using the Service;
    5. Altering, falsifying or removing message headers in any transmission, email or post;
    6. Using any means to attempt to gain unauthorized access to, alter or destroy any information relating to any other customer or end-user of Clearnetworx;
    7. Modifying or tampering with any Clearnetworx hardware, software, or configuration;
    8. Posting, storing, sending, transmitting or disseminating nay information or material that constitutes a violation of this Policy;
    9. Interfering with, degrading or disrupting Clearnetworx’s network or equipment or any equipment owned by a Clearnetworx Customer, regarding or purpose or intent;
    10. Using bandwidth that places an unusually large burden on the Service or exceeds normal usage, in Clearnetworx’s sole opinion;
    11. Accessing or using an IP address that was not provided by Clearnetworx.
  5. Security. Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. Customers shall take all necessary steps to avoid actions that result in the abuse of a resource on their network, such as open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. Any wireless router used by Customer must be secure and encrypted. Customer is responsible for ensuring its system does not become infected with or distributes computer viruses such as worms, “Trojan horses,” denial-of-service attacks, and bots.
  6. Network Management.
    1. Network Management Principles. Clearnetworx has enacted and utilizes reasonable network management practices to improve the overall performance of our network for the benefit of all end users. Our network practices are nondiscriminatory and consistent with FCC regulations and applicable law. These management practices may be changed and modified as necessary to adapt to changes and trends in technology. We will update this policy as necessary to incorporate any additional changes.
    2. Description of Services.
      • Clearnetworx’s broadband Internet enables its residential and business subscribers to access all lawful content, applications, and services of their choice available on the Internet via an Internet-enabled device through a fiber connection. We deliver our all fiber services directly to the premises. Clearnetworx uses XGS-PON technology to transmit its fiber services to customers.
      • The Services are offered through different plans. Each plan has limits on the maximum throughput rate at which customers should expect to be able to send and receive data at any time. You must report any anomalous traffic to Clearnetworx at support@clearnetworx.com within 5 calendar days. If such traffic is reported promptly and resulted from circumstances outside your control, such as a computer virus, spam attack, or a denial of service attack, Clearnetworx may, at its discretion, confirm the source of the problem and deduct the bandwidth from your usage statistic. You agree that Clearnetworx may use technical means, including, but not limited to, suspending or reducing the speed of your Services, to ensure quality of service to other customers. You agree that Clearnetworx has the right to monitor your usage patterns to facilitate the provision of the Services and to ensure your compliance with this Agreement and any additional terms of use found at https://clearnetworx.com/terms-and-conditions/. Clearnetworx may take such steps as it determines appropriate in the event that your usage of the Services does not comply with this Agreement.
    3. Performance. Customer understands and agrees that the actual throughput rate may, at any time, vary based on numerous factors, including, but not limited to, the location of facilities in your neighborhood and on your street, the mobile device used, network capacity, terrain, weather, if you are on a private or public wi-fi network, the signal strength available, the condition of wiring at your location, WiFi interference or limitations, device performance limitations, computer configurations, Internet and Fiber Network congestion and management, the time of day at which the Services is used, and the website servers you access. Customer agrees that any unavailability or impairment of the Services is not a basis for a demand for a refund or credit or any claim against Clearnetworx. Customer agrees to cooperate with Clearnetworx in connection with any remote or on-site service level verification or troubleshooting.
    4. Network Management Practices.
      1. Congestion Management. Network congestion occurs when there is an excessive amount of traffic (data packets) making simultaneous use of limited broadband networks. All Internet Service Providers (“ISPs”), including Clearnetworx, rely upon some shared facilities to deliver services to the end user. ISPs cannot guarantee that the full bandwidth of each user’s connection will always be available on demand. Even business customers who take advantage of expensive dedicated links are constrained by shared resources once their traffic reaches the Internet, which is beyond the control of any single service provider. Congestion can be caused either by long-term trends, such as increased demand for Internet services, or by short-term and unexpected demand surges. Significant new developments, popular content releases, and even computer virus outbreaks can drive short-term spikes in utilization that can significantly affect bandwidth consumption. Clearnetworx analyzes traffic patterns and upgrades services and facilities to keep up with this demand, to provide the highest possible speeds to the largest number of consumers at a reasonable price and on a non-discriminatory basis.
      2. Relevant Practices.
        • Blocking: Clearnetworx does not block or otherwise prevent end user access to lawful content, applications, services, or non-harmful devices.
        • Throttling: Clearnetworx does not degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.
        • Prioritization: Clearnetworx does not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit an affiliate, or in exchange for consideration, monetary or otherwise.
    5. Device Attachment/Restrictions. Clearnetworx does not prohibit the use of lawful, non-harmful, third-party supplied modems, routers, or gateways on the Clearnetworx network if the device is compatible with the network and does not harm the network or users. If a customer connects his or her own device, Clearnetworx cannot guarantee the service will work and may not be able to provide support in the event of a problem.
  7. Monitoring Content and Transmissions. Clearnetworx reserves the right to, but shall not be obligated to, monitor Customer’s use, transmissions, bandwidth and content relating to the Service. Clearnetworx reserves the right to refuse to post or to remove any information or materials that it deems to be in violation of this Policy or harmful to its network or other customers, in its sole discretion. Clearnetworx reserves the right to take any action it deems appropriate to investigate, stop, and/or prevent a violation of this Policy, including, but not limited to, suspending the Service, reducing the Service resources, and terminating the Service. ClearNetworx shall not be liable for any such actions taken.
  8. Compliance with Laws. Customer acknowledges and agrees that Clearnetworx may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake, and that Clearnetworx is under no obligation to inform Customer that it has provided information to law enforcement.
  9. Limitation of Liability; Warranty; Indemnity. The Terms of this Policy shall not affect or modify any terms related to limitations of liability, warranties or indemnity contained in the Agreement.
  10. No Waiver. The failure by Clearnetworx to enforce any provision of this Policy at any point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
  11. Revisions to Policy. Customer agrees to regularly visit Clearnetworx’s website to review this Policy and ensure that it is in compliance with the most recent version of this Policy. In the event of a conflict between the Agreement and this Policy, the terms of this Policy will govern. Questions or concerns about this Policy should be addressed to info@clearnetworx.com.