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. 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.
7. 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.
8. 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.
9. 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.
10. 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.