Acceptable Use Policy

Purpose and Applicability
AireBeam’s goal is to provide the highest quality residential Internet Service possible. In order to help accomplish this, and to maintain the integrity, security, and reliability of its network, AireBeam has adopted the following Acceptable Use Policy (“AUP”). The AUP applies to all residential AireBeam customers and all others who use the Service, including, without limitation, Subscribers who maintain service accounts with AireBeam, as well as those who a Subscriber permits to use the Service (“Users”). This AUP applies along with the Terms and Conditions of Service governing the Subscriber’s use of AireBeam’s Internet Service, and AireBeam’s Privacy Policy, to specify use restrictions and requirements applicable to Users of the Service. Any capitalized terms not defined in the AUP have the definition given to them in the Terms and Conditions of Service or Privacy Policy.

AireBeam’s Internet Service is intended solely for personal residential use within a single household. Subscriber agrees that only Subscriber and Subscriber’s authorized guests in the same household will use the service. It is the Subscriber’s responsibility to ensure that the Customer Equipment is configured in a secure manner that prevents anyone from using the Service in an illegal or inappropriate manner, and a Subscriber may not permit their Customer Equipment to be configured in such a way that gives a third party the capability of using the network in an illegal or inappropriate manner. Subscriber is responsible for any misuse of the Service that occurs through Subscriber’s account, whether by a member of Subscriber’s household or an authorized or unauthorized third-party. Subscriber will not use, or allow others to use, AireBeam’s Internet Service to operate any type of business or commercial enterprise, unless Subscriber has contracted specifically for a business account with AireBeam. The preceding restriction does not limit Subscriber, or anyone in Subscriber’s household to use the Internet Service to enable telecommuting.

By using the Services, Subscriber agrees to abide by, and require others using the Services via the Subscriber’s account to abide by the terms of this AUP. Users should consult this AUP regularly to ensure that User activities conform to the most recent version. IF ANY USER DOES NOT AGREE TO BE BOUND BY THESE TERMS, USER SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES. User agrees that AireBeam may from time to time amend this AUP, and that any such amendments will supersede any prior version of the AUP. The current version of the AUP shall be posted to the website at User’s continued use of the Internet Service will constitute acceptance of the current version of the AUP.

AireBeam’s Philosophy and Network Management
AireBeam supports the free flow of information and ideas over the Internet, and therefore typically does not actively monitor use of the Services, absent emergency circumstances. AireBeam does not exercise editorial control over the content of any email, web site, information or news group, or other material accessible through the Internet. However, by virtue of this AUP, AireBeam reserves the right and authority to remove any materials that we believe may be illegal, may subject us to liability, or may violate this AUP.

AireBeam cooperates with legal authorities (when served with the appropriate documents requiring our cooperation) in the investigation of any suspected or alleged crime or civil wrong.

Congestion Management
AireBeam uses network management tools and techniques that, consistent with industry standards, allow us to monitor the health of our network and its ability to move traffic and continue to deliver high quality service. Thanks to our investment in preventative and anticipatory solutions, we are generally able to handle customer traffic requirements and avoid disruptive network congestion. Should disruptive network congestion develop, however, we employ tools to identify the source of the problem and take the appropriate, often immediate, actions needed to reduce or eliminate the congestion. Under normal circumstances, these actions do not include slowing or interrupting customer traffic. However, if, in our sole opinion, we determine that such slow-downs or interruptions are necessary to alleviate congestion and preserve the highest quality internet service to the greatest number of customers, we reserve the right to take such steps.
Abusive Traffic
When our network management tools and techniques reveal that one or more of our network devices is performing below specification, we investigate the reason for the deterioration of the device’s performance. If we determine that one or more devices at a particular IP address on our network is/are the source of disruption to the normal flow of traffic on the network, we may retard or completely interrupt the flow of data from the device(s) behind the source IP. Upon taking such action, we will attempt to contact the account holder of the IP address and inquire about the applications and devices that they may be operating which could be the source of the disruptive data stream. If we cannot reach the customer by telephone, we will email the customer to advise the customer of our actions. We will advise the account holder that we have interrupted their service and request that they terminate the use of the application or device we believe is the cause of the disruption to our network.

Once the user signals that they have complied with our request, we will reopen their connection and monitor the data flow from their IP to assure that they have indeed removed or terminated the disruptive application. If we find that they have resolved the source of the disruptive data stream, we will advise them that we will restore their account to normal operating status.

If the customer cannot, or will not comply with our request we will offer to send a technician to assist. If the customer refuses the assistance, we will terminate the customer’s account effective as of the date of the incident.

Prohibited Uses and Activities

In general, Users are prohibited from uses and activities involving AireBeam’s Internet Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of AireBeam Internet Service by other Subscribers or Users of the Service. Prohibited activities and uses include, but are not limited to:

Illegal Usage. Using the Services to post, store, transmit or disseminate any material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under.

Threats. Using the Services to post, store, transmit, or disseminate any material that threatens or encourages bodily harm or destruction of property.

Harassment. Using the Services to post, store, transmit or disseminate any material that harasses another person or party.

Fraudulent Activities. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”

Forgery or Impersonation. Using the Services to impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”). Prohibited conduct of this type includes adding, removing or modifying identifying network or message header information in an effort to deceive or mislead and falsifying references to AireBeam or its network.

Viruses, Trojan Horses, Worms and other forms of Malware. Using the Services to post, store, transmit or disseminate any information or software that contains a virus, Trojan horse, worm or other harmful program or that generates levels of traffic sufficient to impede others’ ability to send or retrieve information. Prohibited conduct of this type includes, but is not limited to: denial of service attacks or similarly disruptive transmissions; transmissions containing other harmful or malicious features; use or distribution of tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs; and unauthorized port scanning.

Unsolicited Commercial or Bulk Email. Using the Services to transmit unsolicited bulk or commercial messages, commonly known as “spam,” or sending very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service. Prohibited conduct of this type includes collection of responses from unsolicited bulk messages.

Collection of Personal Data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge and consent, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity.

Network Rules and Regulations. Using the Services to violate the rules, regulations, terms of services, or policies applicable to any other network, server, computer database, service, application, system, or web site that User accesses or uses.

Unauthorized Access. Using the Services to: access, or to attempt to access any other person’s account, computer or computer system, network, software, or data without his or her knowledge and consent; breach, penetrate, or attempt to penetrate security measures of AireBeam or another user or system; attempt to circumvent the user authentication or security of any host, network, or account. Prohibited activities include, but are not limited to, accessing data not intended for the User, logging into or making use of a server or account User is not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so.

Copyright or Trademark Infringement. Using the Services to post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization, distribution, and/or transmittal of music, movies, photographs, or other copyrighted materials or software.

Reselling or Sharing AireBeam Internet Service. Reselling the Services without the express written authorization of AireBeam, or sharing Subscriber’s rights of access with others not resident in the location of the installation. In particular, permitting others on a property other than that where the Service is installed is expressly prohibited.

Network Disruption. Using the Services in a way that adversely affects the ability of other people or systems to use AireBeam Internet Service, including, but not limited to:

• Impeding others’ ability to use, send, or retrieve information;
• Restricting, inhibiting, interfering with, or otherwise disrupting or causing a performance degradation, regardless of intent, purpose or knowledge to the Service or any AireBeam host, server, backbone network, node or service;
• Otherwise causing a performance degradation to any AireBeam facilities used to deliver the Service;
• Interfering with computer networking or telecommunications service to any User, host or network, including without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

Servers. Users may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server like functionality in connection with the Services, unless expressly authorized by AireBeam.

Additional Restrictions

Online System Backup. Online System Backup Services, such as Swapdrive, Carbonite and others, upload the contents of your computer’s hard disk drive(s) in a continuous stream that puts excessive pressure on the upload capability of an ISPs network. Therefore, AireBeam requires that the use of such services be scheduled for between the hours of 12:00 midnight and 6 a.m. in the morning. Failure to observe this schedule may result in the suspension of Subscriber’s service until Subscriber confirms that the backup process has been rescheduled.

File Sharing and Peer-to-Peer. File sharing or Peer-to-Peer (“P2P”) applications involve sharing of files between Users and others on the Internet. Often the use of P2P applications involves an extremely high volume of traffic that can disrupt the efficient performance of the network. P2P applications are also frequently used to share information in a way that violates the prohibition on copyright, trademark, and intellectual property infringement (e.g. unlawfully sharing copyrighted audio or video files). Accordingly, AireBeam reserves the right to block or degrade service to any IP address that uses P2P applications in a way that disrupts the network or infringes on copyright, trademark, intellectual property or other rights.

Exceeding Reasonable Traffic Expectations. AireBeam services are provided without “Data Caps,” with the assumption that each User’s consumption habits falls within the usage rates expected and used in the design of AireBeam’s networks to provide for optimal use for all AireBeam Users. AireBeam reserves the right to classify a particular User’s usage habits as outside these expectations and to advise the User that continued excessive usage will result in one or more of the following actions:

• Billing for excessive usage
• Termination of account

Reporting Violations of the AUP to AireBeam
Direct any questions regarding this AUP, complaints of violations, or cancellation notices to AireBeam at If available, please provide any evidence You may have of the alleged violation, along with any technical data including IP addresses, domain names, and/or log data and the date and time of the alleged violation.
Remedial Actions by AireBeam
AireBeam reserves the right to monitor use of the Services for compliance with the Terms of Service and AUP, and take remedial action based on what it finds. However, AireBeam has no obligation to monitor the use of the Services. It is Subscriber’s responsibility to comply with the Terms of Service and AUP, and ensure compliance by other Users utilizing Subscriber’s Service.

AireBeam prefers to notify Users of violations and allow Users to take corrective action. However, AireBeam reserves the right to take, in AireBeam’s sole discretion, any one or more of the following actions in response to complaints or violations of the AUP or Terms of Service:

1. Issue written or verbal warnings
2. Fully or partially suspend or terminate certain services or account privileges
3. Fully or partially suspend or terminate accounts
4. Bill the suspended or terminated party for administrative costs and/or reactivation charges
5. Bring a cause of action requesting equitable or legal relief against violators.

Neither AireBeam, nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. The potential responsive actions identified herein are not AireBeam’s exclusive remedies for Subscriber or User violations, and AireBeam may take any other legal or technical actions it deems appropriate, with or without notice to the Subscriber or User.

Should AireBeam deem it necessary to discontinue a Subscriber’s service, the Subscriber will be responsible for all charges on their account as of the date of termination including a prorated amount for the current month.

By using the Services, User authorizes and consents to AireBeam cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP.

The failure by AireBeam to enforce any provision of the Terms of Service or AUP at any given time shall not be construed as a waiver of any right to do so at any future time thereafter.

In the event of a conflict between any separate billing or service agreement applicable to the User’s service and the Terms of Service or AUP set forth herein, the terms of the separate billing or service agreement applicable to User’s service will prevail.