By subscribing to any residential or commercial broadband Internet and/or telephony service (collectively, the “Services” and individually, a “Service”) provided by Babcock Enterprises L.L.C., dba. Straight Shot Wireless (“SSW”), Subscriber agrees not to use the Services for any unlawful purpose and to comply with all policies and terms of this Acceptable Use Policy (the “AUP” or “Policy”). This Policy, including its use restrictions, is in addition to the restrictions contained in SSW’s Master Service Agreement (“Service Agreement”), which Subscriber previously entered into with SSW. This Policy has been incorporated by reference into the Service Agreement.

 

Please read this Policy carefully prior to accessing the Services. The term “Subscriber” refers to the subscriber and any user of the Service. By using the Services, Subscriber agrees to the terms of this Policy and will require others using the Service through Subscriber’s account to abide by the terms of this Policy. SSW regularly updates and amends this Policy (and may do so without notice at SSW’s discretion) and Subscriber should periodically consult SSW’s website to be sure Subscriber remains in compliance with this Policy. Subscriber’s continued use of the Service constitutes Subscriber’s continuing acceptance of and agreement to this Policy and any posted amendments to this Policy.

 

SSW reserves the right to reclassify any Service to a higher grade or to immediately suspend or terminate any Service without prior notice for Subscriber’s failure to comply with any portion of this Policy or Service Agreement. (Please see the Service Agreement for details on the suspension and termination policy.) In the event of such termination, Subscriber will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Subscriber’s Services. Any violation of this Policy and Service Agreement may also lead to prosecution under state and/or federal law.  SSW will also provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to a Subscriber or others.

Liability and Indemnification

Subscriber agrees to use the Service at their own risk and assumes full responsibility for any damages arising from their use of the Service. For further details on liability limitations and indemnification, please refer to the “Liability Disclaimer” section in the Service Agreement.

Copyright Infringement

Subscriber agrees not to use the Service to infringe on the intellectual property rights of others. For copyright infringement claims, SSW follows the Digital Millennium Copyright Act (DMCA) procedures. See the Service Agreement for a broader explanation of unlawful use and copyright infringement. Please refer to SSW’s DMCA Copyright Infringement Notification Process (https://sswireless.net/DMCA) for details on how to file or respond to claims.

Privacy

SSW will handle and protect customer data in accordance with applicable laws and SSW’s Privacy Policy. Customers are responsible for ensuring that their data is protected when using third-party equipment or networks. Refer to SSW’s Privacy Policy for more information on how SSW manages customer data.

Dispute Resolution

Any disputes arising from violations of this AUP or any related Service Agreement provisions shall be resolved through binding arbitration, as outlined in the “Governing Law and Dispute Resolution” section of the Service Agreement.

 

Permitted Use

Subscriber’s permitted use of the Services will depend on whether Subscriber requests the Services for residential or commercial purposes.

• “Residential Service”
  • Includes all Services designated for personal and family use within a single home. The term “single home” means Subscriber’s home and includes any apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Subscriber agrees that only Subscriber and co-residents living in the same home will use the Services. The Services are being provided solely for residential use in Subscriber’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Services is in violation of this Policy and the Service Agreement. Subscriber is solely responsible for any misuse of the Service that occurs through Subscriber’s account, whether by a member of Subscriber’s household, guests or an authorized or unauthorized third party. Subscriber shall not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber shall not advertise that the Service is available for use by third parties or unauthorized users. Subscriber shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.

 

• “Commercial Service”
  • Includes all Services designed for use by a business entity, or by an individual, in providing goods or services for sale or lease. Subscriber agrees that Subscriber will allow only Subscriber’s employees and patrons to utilize the Commercial Service within Subscriber’s office area. Commercial Service is provided solely for Subscriber’s business operations, and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and the Service Agreement. Subscriber is solely responsible for any misuse of the Service that occurs through Subscriber’s account, whether by a member of Subscriber’s employees, patrons, invitees, guests, or an authorized or unauthorized third party.

GENERALLY PROHIBITED ACTIVITIES FOR ALL SERVICES.

Misuse of Services

Subscriber is responsible for any misuse of the Services, including misuse by others who gain access through Subscriber’s account. For further details on misuse, refer to the “Prohibited Use of Services” section in the Service Agreement. Subscribers should take measures to protect their account and devices, such as maintaining the confidentiality of passwords and securing any connected devices.

Objectionable Use and Content –

• any use that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in SSW’s sole discretion;
• any use in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act (commercial or otherwise);
• Publishing, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
• Advertising, soliciting, selling or buying, or attempting to buy and sell any goods for any non-personal purpose under residential Services;
• Harvesting or otherwise collecting information about others, “unauthorized collection of personal data, including but not limited to phone numbers, email addresses, or other personal identifiers, without the consent of the individual;
• Creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or call;
• Transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Subscriber owns or controls the rights thereto or have received all necessary consents;
• Interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means;
• hosting any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.

PROHIBITED INTERNET SERVICE ACTIVITIES.

Subscriber shall use the Internet Service and related Equipment only for lawful purposes. Internet service activities specifically prohibited by SSW include but are not limited to the following:

• Residential Service Subscribers are prohibited from running Background and/or server-type applications – Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the Subscriber that continues execution on the system upon Subscriber logout. Any server that provides publicly accessible services such as websites or email hosting or other 24/7 public facing services without prior approval is prohibited. Upgrade to a Business Account may be required.
• Flooding or abuse of other users – Flooding is deliberately repeating actions in quick succession in order to fill the screens of another user or to harass and takes place in numerous ways, including, but not limited to, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), mass mailings to multiple addresses, MSG/CTCP flooding on IRC, flooding a chat server, as well as other, less common methods.
• Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Subscriber’s account are prohibited. This also includes attempts to hack into non-SSW systems, networks, servers, websites or applications via the SSW Network.
• Sharing of accounts – Sharing Subscriber’s Internet Service with another party for purposes of avoiding payment for a second Service is strictly prohibited. Subscriber may connect multiple computers/devices within a single location to Subscriber’s modem, router, and/or radio to access the Internet Service, but only through a single SSW-issued IP address.
• Conducting commercial business through a personal residential account – The residential single-Subscriber Internet accounts provided by SSW are designed for the home/casual Subscriber and may not provide the level of service, capacity or speed required for conducting commercial activity. Therefore, running a business with a residential account is not advisable. Please contact SSW’s sales department to upgrade to a commercial account.
• The propagation of internet-based threats (e.g., worms, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems), Provider equipment, or other communication devices or resources of others is a violation of this agreement.
• The use of SSW’s services by Subscribers to modify, alter, reverse engineer, decompile disks, or disassemble any proprietary work in whatever form is a violation of this Agreement.
• The broadcasting of Routing Internet Protocol (RIP) or any other inter-routing protocol by Subscriber is a violation of this Agreement.

 

Excessive Utilization of Network or System Resources

Excessive use of network resources may affect the quality of service for other Subscribers. Refer to the “Fair Usage Policy” in the Service Agreement for details on service limitations, consequences of excessive usage, and remedies that SSW may apply, such as service throttling or account upgrades. For specific details on SSW’s Fair Usage Policy, including thresholds for excessive usage, please refer to the “Fair Usage Policy” in the Service Agreement.

Service Suspension and Restoration

In cases of violation of this AUP or Service Agreement, SSW may suspend the Service without prior notice. Subscribers must take corrective actions to address any violations before service can be restored. For more details on the suspension and restoration procedures, please refer to the Billing and “Payment Terms” and “Non-Compliance” sections in the Service Agreement.

Force Majeure

SSW is not responsible for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to natural disasters, regulatory actions, labor disputes, acts of terrorism, or other circumstances covered in the “Force Majeure” section of the Service Agreement.

Non-Compliance and Consequences

Violation of this AUP or the Service Agreement may result in warnings, temporary suspension, or termination of services. For a full explanation of the consequences and SSW’s termination procedures, refer to the “Termination” section of the Service Agreement.

Termination of Services

Violation of this AUP or the Service Agreement may result in immediate service suspension or termination without notice. Repeated violations or severe offenses, such as illegal use of the Service, will result in permanent termination. See the “Termination” section of the Service Agreement for further details on procedures, fees, and recovery of SSW-owned equipment.

Limited Support for Third-Party Equipment

SSW will only provide technical support for equipment owned or managed by SSW. The use of third-party routers, extenders, or other network devices is solely the responsibility of the subscriber. Support for these devices must be sought through the manufacturer or vendor. Refer to the “Service Scope and Limitations” section in the Service Agreement for more information.

Security and Privacy Responsibility

Subscribers are solely responsible for the security of their internal network and any devices connected to the service. SSW does not guarantee the security of Subscriber-managed devices. Subscribers are expected to implement proper security measures, such as strong passwords, firewalls, and network encryption. For further guidance, see the “Subscriber’s Responsibility for Internal Network Security” in the Service Agreement.

Email abuse

Email abuse typically comes in one of three forms, the sending or transfer of a message to unsolicited individuals not in compliance with the Federal CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.

USENET news abuse

Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.

Pyramid/money-making schemes

Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.

Pirated software

Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on SSW networks. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to digitization and distribution of photographs from magazines, books, movies, TV Shows or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

Prohibited Phone Service Activities

Customer is prohibited from using phone services for illegal purposes or for unauthorized commercial activities, such as autodialing, telemarketing, or spoofing caller IDs. These restrictions are in addition to the general prohibitions outlined in the “Prohibited Use” section of the Service Agreement.

Unauthorized use of phone services, including but not limited to illegal telemarketing, autodialing, and caller ID spoofing, will result in immediate suspension or termination of service. Further actions may be pursued as detailed in the “Termination” section of the Service Agreement.

Miscellaneous

This AUP is governed by and subject to the terms of the Service Agreement. In the event of any conflict between this AUP and the Service Agreement, the terms of the Service Agreement shall prevail.