Maxximum Wireless AUP
Acceptible Use Policy & Terms and Conditions
 

Acceptable Use Policy

Version 1.1

Introduction

This Acceptable Use Policy encourages the responsible use of Maxximum Wireless' services and delineates the relatively narrow range of uses of Maxximum Wireless services that are contrary to Maxximum Wireless' mission, generally because such uses either pose an unacceptable risk to the stability, integrity, or quality of Maxximum Wireless' systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us. Uses of the Maxximum Wireless services described below are prohibited.

Prohibited Uses

I. You agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by Maxximum Wireless. The following are prohibited uses of our services:

  1. Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. You may not transmit, distribute, or store material that contains a virus, "Trojan Horse," corrupted data, or any software or information to promote or utilize software or any of Maxximum Wireless services to deliver unsolicited e-mail. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
  2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Maxximum Wireless' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Maxximum Wireless' servers, is prohibited. Maxximum Wireless accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Maxximum Wireless customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Maxximum Wireless-hosted domain, or referencing any Maxximum Wireless account, is prohibited.
  4. Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  5. Forwarding Internet users to any Web site that, if such web site were provided by Maxximum Wireless, would violate the provisions of this Acceptable Use Policy.
  6. Using the Private Registration service to provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party.
  7. Using the DNS Manager service, or knowingly or recklessly permitting others to use the DNS Manager Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (c) so as to materially interfere with the use of Maxximum Wireless' network by other customers or authorized users; (d) in a manner that is inconsistent with Maxximum Wireless routing policies, provided you have notice of such policies or such policies are publicly available on Maxximum Wireless Web site; (e) in violation of the applicable acceptable use policies of Maxximum Wireless' backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' Web sites; (f) to alter, tamper with, adjust, repair or circumvent any aspect of the DNS Manager Service provided by Maxximum Wireless; or (g) in a manner which, in Maxximum Wireless opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct.
  8. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
  9. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  10. Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Maxximum Wireless network or on another provider's network.
  11. Using Maxximum Wireless' services in a manner that interferes with the use or enjoyment of the Maxximum Wireless network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other Maxximum Wireless customers.
  12. Holding of Maxximum Wireless (including its affiliates) or their employees or shareholders up to public scorn, ridicule, or defamation.
  13. Impersonating any person or entity, including, but not limited to, a Maxximum Wireless official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

II. You acknowledge and agree that it is a violation of this AUP for your services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of Maxximum Wireless' systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party over which you have no control.

III. You are solely responsible for the content you furnish to Maxximum Wireless in connection with your Web site or other services we provide to you, or make available to others through use of our services. Maxximum Wireless cannot and does not design (except where you are receiving our Design Services), review or screen content you provide to us for inclusion in your Web site (or that you use, provide or make available in connection any services we provide to you) and does not assume any obligation to monitor such content. However, you agree that we may review your Web site or other content in responding to a third party complaint or for any other reason.

IV. You may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our services. You agree that you will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the services.

 V. Service Level Agreement: Maxximum Wireless will provide, as a minimum, 60% of the requested client Service Level as measured at five-minute intervals, uncompressed, and averaged throughout a twenty-four period. If Maxximum Wireless cannot provide the requested Service Level, or if the Service Level consistently falls below the preset 60% threshold, then Maxximum Wireless will offer to allow the client to terminate their service without penalty or reduce the client Service Level to one that can be supported by the infrastructure, topology, or other such limiting elements with a corresponding reduction in the lease rate.

 Note Service Level Agreement does not apply to instances of planned or unplanned service outages, equipment failure of either client or Maxximum Wireless, data feed (Telco problem), other such utilities that Maxximum Wireless does not directly control, or Acts of God, as specified in Maxximum Wireless’s Terms and Conditions Policy located on our home page.

 VI. You represent and warrant that no federal, state or local authority prohibits or materially limits Maxximum Wireless from transacting business with you or providing our services to you or your agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or our provision of services to you or your agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this Acceptable Use Policy and a material breach of the Service Agreement.

Violations

If Maxximum Wireless determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, Maxximum Wireless may suspend, restrict, terminate, or take any other appropriate action with regard to your services without any obligation to refund fees paid. Maxximum Wireless reserves the right to take such actions without notice to you. You understand that we reserve the right to conclude that your conduct is in violation of the standards set forth in this Acceptable Use Policy, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well founded, and even if (i) our opinion or suspicion is proven not to be well founded or (ii) we provide other customers services that have similar characteristics or are being used in a similar manner as your services. You agree that we, in responding to a third party complaint, reserve the right in our sole discretion to suspend or terminate the services subject to this Acceptable Use Policy without notice and with no obligation to refund fees paid. You also understand and agree that by providing you services, Maxximum Wireless in no way endorses your Web site or deems your content to be suitable under the terms of this Agreement.

You agree that Maxximum Wireless shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Modifications to this Acceptable Use Policy

You agree that Maxximum Wireless, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. Use of the Maxximum Wireless services after the posting period constitutes acceptance of the modification.

 

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