As a provider of Internet access, web site hosting, and other Internet-related services, Getwireless.net offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Getwireless.net respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Getwireless.net reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Getwireless.net has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing Getwireless.net’s services. This AUP will be revised from time to time. A customer’s use of Getwireless.net’s services after changes to the AUP are posted on Getwireless.net’s web site, www.getwireless.net, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Getwireless.net cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Getwireless.net cannot monitor or censor the Internet, and will not attempt to do so, Getwireless.net cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Getwireless.net does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Getwireless.net’s network and may reach a large number of people, including both subscribers and nonsubscribers of Getwireless.net, subscribers’ postings to the Internet may affect other subscribers and may harm Getwireless.net’s goodwill, business reputation, and operations. For these reasons, subscribers violate Getwireless.net policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Getwireless.net, but also because it can overload Getwireless.net’s network and disrupt service to Getwireless.net subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Getwireless.net has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Getwireless.net is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Getwireless.net’s policy to terminate the privileges of customers who commit repeat violations of copyright laws. Obscene Speech or
Materials — Using Getwireless.net’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Getwireless.net is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Getwireless.net’s network.
Defamatory or Abusive Language — Using Getwireless.net’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Header’s — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups — Getwireless.net reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities — Engaging in activities, whether lawful or unlawful, that Getwireless.net determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Getwireless.net will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Getwireless.net policy or applicable law. When Getwireless.net becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Getwireless.net also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Getwireless.net’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Getwireless.net does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Getwireless.net has the right to directly take action against a customer of a subscriber. Also, Getwireless.net may take action against the Getwireless.net subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Getwireless.net anticipates that subscribers who offer Internet services will cooperate with Getwireless.net in any corrective or preventive action that Getwireless.net deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Getwireless.net policy.
Getwireless.net also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Getwireless.net urges its subscribers to assume that all of their on-line communications are insecure. Getwireless.net cannot take any responsibility for the security of information transmitted over Getwireless.net’s facilities.
Getwireless.net will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Getwireless.net may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Getwireless.net may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request.
Getwireless.net assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Getwireless.net may disclose subscriber information or information transmitted over its network where necessary to protect Getwireless.net and others from harm, or where such disclosure is necessary to the proper operation of the system.
Getwireless.net expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate Getwireless.net policy. Finally, Getwireless.net wishes to emphasize that in signing the service agreement, subscribers indemnify Getwireless.net for any violation of the service agreement, law, or Getwireless.net policy, that results in loss to Getwireless.net or the bringing of any claim against Getwireless.net by any third-party. This means that if Getwireless.net is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Getwireless.net, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Getwireless.net and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected].
We at Getwireless.net understand your need to maintain your privacy when using the Internet for your communication, shopping, exploration and entertainment. These are the policies Getwireless.net adheres to in maintaining this site for your use. Please note that websites to which Getwireless.net links may have privacy policies that apply only to that website. Therefore, you should refer to those individual websites for their unique privacy policies.
We will explicitly ask you when we need information that personally identifies you or allows us or one of our merchants to contact you (“Personal Information”). Generally, Personal Information is requested when you register for a site, when you request a particular service or information from us or one of our merchants, when you purchase a product, when you fill out a survey, or when you enter a contest. When possible, we will give you the chance to make sure your Personal Information is correct and up-to-date. We reserve the right to contact you for informational or promotional purposes using Personal Information submitted by you through Getwireless.net, unless otherwise notified by you. You may stop the delivery of informational or promotional mail from us by editing your membership account or following the instructions on the email delivering the information.
We have important business relationships with certain third party service partners (“Service Partners”). These Service Partners allow us to offer you a broader array of services than we could provide to you on our own and assist us in the operation of our site. Our Service Partners and we use your Personal Information to operate the site and services that we offer, and to inform you of new features, services, and products available to you.
We may also carefully select other companies to send you information about their products or services which are related to the site’s service but are not necessary to its operation (“Other Companies’ Use”). If we intend to use your Personal Information for Other Companies’ Use, we will provide you with instructions on how to decline this service. You may also stop the delivery of informational or promotional mail from us, or from other companies referred by us, by following the instructions on the email delivering the information.
We do not believe that any portion of our site directly solicits children 15 years old or younger. However, if we develop a portion of our site that does directly solicit children age 15 years old or younger, we will not directly solicit Personal Information from children, nor provide it for Other Companies’ Use without first attempting to obtain the consent of a parent or guardian. If possible, we will also endeavor to provide email notice to parents that their children have provided Personal Information to the site.
We may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or our affiliates; (b) protect and defend our rights or property or those of our users, and (c) act as immediately necessary in order to protect the personal safety of our users or the public.
If at any time you believe that we have violated these Policies, please notify us by email at [email protected] and we will use all commercially reasonable efforts to promptly investigate and remedy the problem.
I understand and accept that if I fail to pay my account balance or any monies due and owing Get Wireless, Inc. by the scheduled due date and fail to make acceptable payment arrangements to bring my account current, Get Wireless, Inc. may refer my delinquent account to a collection agency. I further understand that if Get Wireless, Inc. refers my account balance to a third party for collection, a collection fee will be assessed and will be due in full at the time of the referral to the third party. The collection fee will be calculated at the maximum amount permitted by applicable law, but not to exceed 33.3% of the amount outstanding. For purposes of this provision, the third party may be a debt collection company or an attorney. If a lawsuit is filed to recover an outstanding balance, I shall also be responsible for any costs associated with the lawsuit such as court costs or other applicable costs. Finally, I understand that my delinquent account may be reported to one or more of the national credit bureaus.