The following Acceptable Use Policy (“Use Policy”) applies to all AireBeam Broadband Internet services (the “Services”) and all users thereof, including, without limitation, clients who maintain service accounts with AireBeam Broadband, as well as those who simply access our web site or the web sites of our hosted clients (“Users”).
By using the Services, Users agree to abide by, and require others using the Services via the User account to abide by the terms of this Use Policy. Users should consult this Use Policy regularly to ensure that User activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND IF YOU ARE AN AireBeam Broadband ACCOUNT HOLDER, NOTIFY AireBeam Broadband CUSTOMER SERVICE SO THAT YOUR ACCOUNT MAY BE CLOSED.
AireBeam Broadband supports the free flow of information and ideas over the Internet, and therefore does not actively monitor use of the Services, absent emergency circumstances. AireBeam Broadband 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 Use Policy, AireBeam Broadband reserves the right and authority to remove any materials that we believe may be illegal, may subject us to liability, or may violate this Use Policy.
The equipment that AireBeam installs on or in your home, namely the Antenna, Antenna mount, cabling, power supply and, if applicable, rented devices such as wireless routers, Roku set top boxes, etc., remain the property of AireBeam.
Right of Entry
By placing your order for service, you grant AireBeam the right to enter your property exterior and to climb onto your residence exterior to install, maintain, repair or remove AireBeam’s property during daylight hours, 7 days per week, 365 days per year. AireBeam will call or text the number on file in your account prior to entering your property to provide notice of our intent to enter.
Payment of Account Balances
AireBeam bills for its goods and services on the evening before the commencement of the service period. Customers provide a debit or credit card to AireBeam when they order service and join AireBeam Autopay Pprogram, authorizing AireBeam to retain their payment information and to bill their payment method for the service each month automatically without signature. Customers not agreeing to join Autopay must provide a one month deposit that is refundable should they terminate service with AireBeam.
AireBeam does not offer partial months of service for fixed wireless broadband accounts. If service is terminated by the customer prior to the end of the service period, AireBeam does not refund money for unused service period time.
Network Management Practices
AireBeam uses network management tools which permit us to monitor the “health” of our network and its ability to move traffic. Because of the extreme amount of preventive and anticipatory practices that we employ as a company, we generally avoid network congestion because we put sufficient resources into play on our network to handle current and future anticipated customer traffic requirements. Should congestion develop, our tools will reveal it and we will take the appropriate immediate actions to eliminate or at least reduce the congestion. Under normal circumstances, these actions would not include retarding or interrupting customer traffic, but we reserve the right to do so should in our opinion such an action be required to preserve the service levels to the greater customer base.
As mentioned above, AireBeam uses network management tools which permit us to monitor the “health” of our network and its ability to move traffic. When these tools 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 a data stream(s) which are disrupting the normal flow of traffic on the network, we may retard or completely interrupt that flow of data from the device(s) behind the source IP. Upon commanding such interruption, 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. We will advise the account holder that we have interrupted their service and request that they terminate the use of the application or device which we suspect 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 correct 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 we cannot reach the customer by telephone, we will email the customer to advise the customer of our actions. 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 the date of the incident.
Application Specific Behavior
Peer to Peer. P2P or FILE SHARING traffic using such protocols as Bitorrent, Limewire, Kazaa, Aries, ZeroPaid, WinMX and others can be extremely disruptive to the community performance on a network because it floods network devices with huge amounts of tiny IP packets which causes the devices CPU to become overburdened to the point that overall community performance is negatively affected. Additionaly, the information being downloaded by these applications/protocols is often copyrighted material the download/upload of which may be illegal depending upon the content being shared. For this reason, AireBeam Broadband users may not engage in file sharing over AireBeam Broadband. If one of our network devices exhibits performance problems caused by excessive packet arrival rates due to P2P or File Sharing, our network management tools may either degrade the service or completely block the offending IP address MultiStream Downloaders. Multistream traffic such as Bitorrent, Limewire, Kazaa, Aries, ZeroPaid, WinMX and others can be extremely disruptive to the community performance on a network because it floods network devices with huge amounts of tiny IP packets which causes the devices CPU to become overburdened to the point that overall community performance is negatively affected and the action may be illegal depending upon the content being shared. AireBeam Broadband shall LIMIT the number of concurrent download streams to one (1). Violation of this policy may result in the interruption of service to the offending IP Address’s account.
AireBeam Broadband 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.
VIOLATIONS OF THE USE POLICY
Illegal Usage. Users are prohibited from using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated there under. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Pornography. AireBeam Broadband reserves the right to edit any web site hosted on its servers. A User’s default home page, such as default.htm, default.html, index.htm, index.html, home.htm, home.html, cannot contain any pornographic materials or links to such materials. Any page which contains such materials must conform to all applicable federal, state and local law. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
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 Broadband, requires the users of such services to schedule the service to run between the hours of 12:00 midnight and 6am in the morning. Failure to observe this schedule may result in the suspension of your service until you confirm that you have rescheduled the backup process.
Harm to Minors. Users are prohibited from using the Services to harm, or attempt to harm, minors in any way. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Threats. Users are prohibited from using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Harassment. Users are prohibited from using the Services to transmit any material that harasses another person or party.
Fraudulent Activities. Users are prohibited from 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.” AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Forgery or Impersonation. Users are prohibited from impersonating other parties online via email, IRC (Internet Relay Chat) or any other forum. Impersonation includes, without limitation, using someone else’s Internet address, username, or legal name. Remaining anonymous and the use of anonymous re-mailers are acceptable. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Viruses, Trojan Horses, Worms and other forms of Malware. Software or other content downloaded from the Services may contain viruses and it is the User’s sole responsibility to take appropriate precautions to protect the User’s computer from damage to its software, files and data. Users are prohibited from posting, transmitting or disseminating 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 denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features.
Spamming, Unsolicited Commercial or Bulk Email. Spamming is strictly prohibited. For the purposes of this User Agreement, “spamming” is defined as using the Services to transmit or facilitate the transmission of mass unsolicited commercial or bulk email, posting 20 or more copies of a single article to a USENet newsgroup, or cross posting to more than 20 newsgroups, or repetitive posting of off-topic articles to any newsgroup.
Unauthorized Access. Users are prohibited from using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AireBeam Broadband Communications or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Copyright or Trademark Infringement. Users are prohibited from using the Services to transmit any material (by email, uploading, posting, or otherwise) 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 and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of Personal Data. Users are prohibited from using the Services to collect, or attempt to collect, personal information about third parties without their knowledge and consent. AireBeam complies with Law Enforcement requests via subpoena to furnish information about suspected criminal use of our network.
Reselling AireBeam Broadband Services. Reselling the Services without the express written authorization of AireBeam Broadband is prohibited.
Sharing Service with Others. Users are prohibited from sharing their subscriber rights of access with others not resident in location of the installation. In particular, permitting others on a property other than that where the Service is installed is expressly probibited.
Network Disruption. Users are prohibited from using the Services for any activity which adversely affects the ability of other people or systems to use AireBeam Broadband services or the Internet. This includes “denial of service” attacks against AireBeam Broadband, another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited, including using peer to peer services in excess of 32kbps. It is the User’s responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Commercial Use. Commercial activities on AireBeam Broadband systems are prohibited on non-business accounts by individuals who are not a member if the Subscriber’s immediate family. The home and personal Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide web and telecommuting by the Subscriber and the Subscriber’s immediate family only. Users may stay connected so long as they are actively using the connection for the specified purposes. If the User persistently violates these provisions, AireBeam Broadband may require account termination or payment for the abused use of services. AireBeam Broadband offers special business oriented accounts; to inquire, contact AireBeam Broadband Customer Service for details.
Exceeding Reasonable Traffic Expectations: AireBeam Broadband services are provided without “Data Caps”, with the assumption that each users consumption habits falls within norms developed by AireBeam and used in the design of AireBeam’s networks. AireBeam reserves the right to classify a particular user’s usage habits as outside these established norms and to advise the user that continued usage at levels in excess of these norms will result in one of more of the following actions:
- Billing for excessive usage
- Termination of account
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 Broadband. AireBeam provides Server Hosting services in Casa Grande and Phoenix, Arizona and in Denver, Colorado. Any user wishing to operate a Server may do so freely at one of AireBeam’s Hosting facilities. Contact Customer Service for details.
Misuse of Service: Users are responsible for any misuse of the Services that occurs through the User’s account. Users must therefore take steps to ensure that others do not use AireBeam Broadband’s Services in an unauthorized maner or misuse the Services.
REVISIONS TO THIS ACCEPTABLE USE POLICY
AireBeam Broadband reserves the right to amend or modify this Use Policy at any time and in any manner, at its sole discretion, and the most current version will be posted and made available to User at User’s request.
REPORTING VIOLATIONS OF THE USE POLICY TO AIREBEAM BROADBAND
Direct any questions regarding this Use Policy, complaints of violations, or cancellation notices to AireBeam Broadband at: suppoert@AireBeam.com or 520-233-7400. 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 BROADBAND
AireBeam Broadband reserves the right, to be exercised in its sole discretion, to take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Fully or partially suspend or terminate certain services or account privileges
- Fully or partially suspend or terminate accounts
- Bill the suspended or terminated party for administrative costs and/or reactivation charges
- Bring a cause of action requesting equitable or legal relief against violators.
Should AireBeam Broadband deem it necessary to discontinue a user’s service, the User will be responsible for all charges on their account as of the date of termination including a prorated amount for the current month.
In the event of a conflict between the User’s service agreement and this Policy, the terms of the User’s Service Agreement will prevail.