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Acceptable Use Policy


ACCEPTABLE USE POLICY & TERMS OF USE (AUP)

These terms are agreed upon by you and AetherNet, LLC (hereinafter referred to as AetherNet LLC or AetherNet). You must agree to these before using our systems to access the internet.

YOU MUST READ AND ACCEPT TERMS & CONDITIONS BEFORE USING OUR INTERNET SERVICE

This Acceptable Use Policy sets forth the standards of use of the AetherNet Wireless Service (our "Service"). AetherNet will interpret and enforce this Policy in its sole discretion. AetherNet may revise this Policy at any time without prior notice. Revisions will become effective immediately upon being posted online. Your continued use of our Service after amendments are posted will constitute acceptance of the Agreement.


AetherNet LLC is a reputable provider of Internet access, web-site hosting, and other Internet related services, who respects that the Internet provides a forum for free and open discussion and dissemination on information, however when there are competing interests at issue, we reserve the right to take certain preventative or corrective measures. AetherNet LLC has developed an Acceptable Use Policy which supplements and explains certain terms of each customer's respective service agreement. This guide informs the customers of their rights and obligations when utilizing AetherNet’s services. We reserve the right to revise this AUP as needed.

No one party owns or controls the Internet. This accounts for much of the Internet's openness and value, but it also places a big responsibility to those acquiring and disseminating information on the Internet. AetherNet LLC cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire, therefore subscribers must use his or her best judgment in relying on information obtained from the Internet. Subscribers should also be aware that some material on the Internet is sexually explicit or otherwise offensive. Because AetherNet cannot monitor or censor the Internet, we cannot accept any responsibility for injury to its subscribers that may result from inaccurate, unsuitable, offensive, or Illegal Internet communications. AetherNet LLC does not review, edit, censor, or take any responsibility for any information its subscribers may create.

Users who place information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Any posting to the Internet that may affect other subscribers or cause harm to AetherNet LLC’s goodwill, business reputation, and operations is prohibited such as the following activities:

Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is harmful not only for its negative impact on consumer attitudes towards AetherNet’s internet services, but it also overloads the AetherNet network and disrupts service to AetherNet’s subscribers. Also, maintaining an open SMTP relay is prohibited. Upon receipt of a complaint, AetherNet LLC has the discretion to determine from all of the evidence whether e-mail recipients were from an "opt-in" e-mail list.

Intellectual Property Violations - AetherNet is required by law to remove or block access to customer content upon receipt of proper notice of infringement of copyrights, trademarks, service marks, trade secrets, software privacy, and patents held by individuals, corporations, or other entities. These measures may also be taken on those engaging in activity that violates privacy, publicity, or other professional rights of others. It is also AetherNet’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials – AetherNet LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the AetherNet network. Using the AetherNet network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. AetherNet will terminate the privileges of customers who commit these violations and will report the user to local law enforcement officials.

Non-commercial Use by Members

The Free limited Services are for the Personal use of Members only and may not be used in connection with any other Commercial endeavors except those that are specifically endorsed or approved by AetherNet LLC. Illegal and/or unauthorized use of the AetherNet Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AetherNet Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles web pages without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the AetherNet LLC Services.

Listed below are terms that are prohibited use of the AetherNet LLC network. Any or all infractions are terms for termination of the customer’s user accounts and access to the AetherNet service.

Defamatory or Abusive Language – AetherNet prohibits the use of our network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers - Forging or misrepresenting message headers, whether in whole or part, to mask the originator of the message is prohibited.

Illegal or Unauthorized Access to Other Computers or Networks - Accessing computers, accounts, or networks belonging to another party illegally or without authorization is not allowed. Attempting to penetrate security measures of another individual's system (often known as "hacking") is prohibited, as well as 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 - AetherNet prohibits the distribution of information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, 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, or service that is designed to violate this AUP, which includes the facilitation of the means to span, the initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited.

Export Control Violations - Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups - AetherNet reserves the right to decline postings from newsgroups where we have actual knowledge that the content of this newsgroup violates the AUP.

Other Illegal Activities - AetherNet prohibits engaging activities that are determined to be illegal, including but not restricted to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities - Engaging in any activity that AetherNet determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations whether lawful or unlawful is prohibited.

The subscriber is primarily responsible for avoiding the harmful activities just described. As an ordinary practice, AetherNet LLC will not monitor the communications of its subscribers to ensure that they comply with the AetherNet’s policies or applicable laws. AetherNet LLC will, however, take any action to stop harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems necessary

AetherNet LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or websites created by their customers. AetherNet LLC reserves the right to directly take action against a customer of a subscriber.

AetherNet urges its subscribers to assume that all of their on-line communications are insecure and will not take any responsibility for the security of the information transmitted over AetherNet LLC facilities. The Internet is neither more nor less secure than other means of communication including mail, facsimile, and voice mail telephone service which can be intercepted and otherwise compromised.

AetherNet LLC will not intentionally monitor the 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. AetherNet is not obligated to inform the subscriber that their information has been provided and in some cases may be prohibited by law from giving such notice. Finally, AetherNet may disclose subscriber information or information transmitted over its network where necessary to protect AetherNet and others from harm, or where disclosure is necessary to the proper operation of the system.

AetherNet expects that its subscribers will comply fully with all applicable laws concerning on-line communications. Failure to do so will result in a violation of AetherNet AUP. Finally, by signing this agreement or checking the click box that I agree, subscribers agree that if AetherNet is sued because of a subscriber's or customer of subscriber's activity, the subscriber will pay any and all damages awarded against AetherNet LLC, plus costs and reasonable attorney fees.

Privacy

Use of the AetherNet LLC Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

AetherNet LLC is not responsible for any incorrect or inaccurate Content posted on the AetherNet LLC Website or in connection with the AetherNet Services, whether caused by Users of the AetherNet Services or by any of the equipment or programming associated with or utilized in the AetherNet Service offering . AetherNet LLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AetherNet LLC . Inclusion of any linked website to the AetherNet LLC Services does not imply approval or endorsement of the linked website by AetherNet LLC . When you access these third-party sites, you do so at your own risk. AetherNet LLC takes no responsibility for third party advertisements which are posted on this AetherNet Website or through the AetherNet Services, nor does it take any responsibility for the goods or services provided by its advertisers. AetherNet LLC is not responsible for the conduct, whether online or offline, of any User of the AetherNet Services. AetherNet LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AetherNet LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the AetherNet Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AetherNet Services. Under no circumstances shall AetherNet LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the AetherNet Services, attendance at a AetherNet LLC event, from any Content posted on or through the AetherNet Services, or from the conduct of any Users of the AetherNet Services, whether online or offline. The AetherNet LLC Services are provided "ASIS" and as available and AetherNet LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AetherNet LLC cannot guarantee and does not promise any specific results from use of the AetherNet Services.

Limitation on Liability

IN NO EVENT SHALL AetherNet LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AetherNet LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AetherNet LLC 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AetherNet LLC FOR THE AetherNet SERVICES DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls Software available in connection with the AetherNet Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the AetherNet Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

If there is any dispute about or involving the AetherNet Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of San Antonio. Either AetherNet LLC or you may demand that any dispute between AetherNet LLC and you about or involving the AetherNet Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Houston, Texas, USA, provided that the foregoing shall not prevent AetherNet LLC from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold AetherNet LLC , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AetherNet LLC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on any or all Website or through the AetherNet LLC Services causes AetherNet LLC to be liable to another.


Payment Upon Cancellation

You acknowledge that if you have provided your credit or debit card account information to us for payment, you consent that upon cancelation, you authorize Aethernet to process such payment for any past due invoice You also acknowledge that you will incur fees and charges as a result of your past-due payments and also authorize Aethernet to use any method of payment of file to settle these fees.


Other

This Agreement is accepted upon your use of the AetherNet Website or any of the AetherNet Services and is further affirmed by you becoming a customer. This Agreement constitutes the entire agreement between you and AetherNet LLC regarding the use of the AetherNet LLC Services. The failure of AetherNet LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AetherNet is a trademark of AetherNet LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


Last updated April 2 2015

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