ACCEPTABLE USE POLICY PENNWISP, LLC. APRIL 2015

Why is PennWisp providing this Policy to me?

PennWisp’s goal is to provide its customers with the best High Speed Wireless Internet service possible. In order to help accomplish this, PennWisp has adopted this Acceptable Use Policy (AUP). This Policy outlines acceptable use of the PennWisp High-Speed Internet service (the Service). This Policy is in addition to any restrictions contained in the PennWisp Terms of Service.

What obligations do I have under this Policy?

All PennWisp High-Speed Internet customers and all others who use the Service (the customer, user, you, or your) must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify PennWisp so that it can close your account.

How will I know when PennWisp changes this Policy and how do I report violations of it?

PennWisp may revise this Policy from time to time by posting a new version on the Web site at http://www.PennWisp.com. PennWisp will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the PennWisp website. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of PennWisp High-Speed Internet Service should read any PennWisp announcements they receive and regularly visit the PennWisp website and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy, report a child exploitation incident involving the Internet, and report violations using the Contact Us form at http://www.PennWisp.com.

I. Prohibited Uses and Activities

What uses and activities does PennWisp prohibit?

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the PennWisp Equipment, either individually or in combination with one another, to:

Conduct and information restrictions

* undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

* post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;

* upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

* transmit unsolicited bulk or commercial messages commonly known as spam;,/p>

* send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;

* initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;

* participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including spyware) designed to facilitate this activity;

* collect responses from unsolicited bulk messages;

* falsify, alter, or remove message headers;

* falsify references to PennWisp or its network, by name or other identifier, in messages;

* impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, phishing);

* violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;

Technical restrictions

,p>* access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

* use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

* copy, distribute, or sublicense any proprietary software provided in connection with the Service by PennWisp or any third party, except that you may make one copy of each software program for back-up purposes only;

* distribute programs that make unauthorized changes to software (cracks);

* use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (Premises LAN), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;

* use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;

* service, alter, modify, or tamper with the PennWisp Equipment or Service or permit any other person to do the same who is not authorized by PennWisp;

Network and usage restrictions

* restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;

* restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any PennWisp (or PennWisp supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any PennWisp (or PennWisp supplier) facilities used to deliver the Service;

* resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);

* connect the PennWisp Equipment to any computer outside of your Premises;

* interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to crash a host; and

* accessing and using the Service with anything other than a dynamic Internet Protocol (IP) address that adheres to the dynamic host configuration protocol (DHCP). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.

II. Customer Conduct and Features of the Service

What obligations do I have under this Policy?

In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account.

Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

PennWisp recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by PennWisp and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by PennWisp that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

How does PennWisp address inappropriate content and transmissions?

PennWisp reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to PennWisp's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy.

Neither PennWisp nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, PennWisp and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Terms of Service, and applicable law.

What requirements apply to electronic mail?

The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, PennWisp uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

PennWisp is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. PennWisp is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at PennWisp's sole discretion. In the event that PennWisp believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an identifier) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, PennWisp (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier.

In addition, PennWisp may at any time reserve any identifiers on the Service for PennWisp's own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.

What requirements apply to instant, video, and audio messages?

Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. PennWisp assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

III. Network Management and Limitations on Data Consumption

Why does PennWisp manage its network?

PennWisp manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as PennWisp works to promote the use and enjoyment of the Internet by all of its customers.

How does PennWisp manage its network?

PennWisp uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Terms of Service. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques that PennWisp may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Are there restrictions on data consumption that apply to the Service?

PennWisp reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of typical use of the Service plan selected,as determined by PennWisp in its sole discretion. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (FTP), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by PennWisp in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with PennWisp's ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, PennWisp may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels. PennWisp may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. PennWisp's determination of the data consumption for Service accounts is final.

IV. Violation of this Acceptable Use Policy

What happens if you violate this Policy?

PennWisp reserves the right immediately to suspend or terminate your Service account and terminate the Terms of Service if you violate the terms of this Policy or the Terms of Service.

How does PennWisp enforce this Policy?

PennWisp does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service.

PennWisp has no obligation to monitor the Service and/or the network. However, PennWisp and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and PennWisp users.

PennWisp prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. PennWisp also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without PennWisp's intervention. However, if the Service is used in a way that PennWisp or its suppliers, in their sole discretion, believe violates this Policy, PennWisp or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service (including but not limited to newsgroups).

Neither PennWisp nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not PennWisp's exclusive remedies and PennWisp may take any other legal or technical actions it deems appropriate with or without notice.

PennWisp reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on PennWisp's servers and network. During an investigation, PennWisp may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy.

You expressly authorize and consent to PennWisp and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, PennWisp is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The failure of PennWisp or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

You agree to indemnify, defend and hold harmless PennWisp and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Terms of Service.

V. Copyright and Digital Millennium Copyright Act Requirements

What is PennWisp's DMCA policy?

PennWisp is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the DMCA) to report alleged infringements.

It is PennWisp's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who PennWisp, in its sole discretion, believes is infringing these rights. PennWisp may terminate the Service at any time with or without notice for any affected customer or user.

How do copyright owners report alleged infringements to PennWisp?

Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending PennWisp's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA.

PennWisp requires a $25.00 service fee from copyright owners for servicing and handling of each complaint, payment must be sent with any notification of claimed infringement to the address listed below.

Upon PennWisp's receipt of a satisfactory notice, and service fee, of claimed infringement for these works, PennWisp will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). PennWisp will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Copyright owners may send PennWisp a notification of claimed infringement to report alleged infringements of their works to:

DCMA Copyright Infringement

PennWisp LLC

PO Box 641

Mansfield, PA 16933

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to PennWisp, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

What can customers do if they receive a notification of alleged infringement?

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to PennWisp.

If a notification of claimed infringement has been filed against you, you can file a counter notification with PennWisp's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Upon PennWisp's receipt of a counter notification that satisfies the requirements of DMCA, PennWisp will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that PennWisp will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

 

     

Terms of Service

Penn Wisp LLC. TERMS OF SERVICE April 15, 2015

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. This Agreement with you (the "Customer"), consists of this document, and the Service order (collectively, the Agreement").

You acknowledge receipt of these documents, which describe our high speed wireless data communications services to you at the address or location specified in the Service order, the terms and conditions of the service (the "Service") and the wireless access device(s) and any other Equipment that we may provide to you, including any licensed software loaded on the Equipment (collectively, the "Equipment"). The Agreement defines our obligations to you, and your obligations in using the Service and the Equipment. This Agreement governs the entire relationship between PennWisp LLC. ("PennWisp") and the Customer, both of whom agree as follows:

1. Acceptance

Customer has accepted and shall be bound by all of the terms and conditions set forth in this Agreement.

(1) Provides PennWisp with a written or electronic signature on a service order.

(2) Verbally orders service and accepts this Agreement if ordering from PennWisp by phone

(3) Activates and or uses internet service through the Equipment

(4) Pays a PennWisp invoice

(5) Utilizes the web portal for one time or recurring credit card payment.

2. Fees

Checks returned for any reason will be subject to a returned check fee charged to your account. In the event of collection activities for non-payment Customer may be liable for a 20% collection fee in addition to the original amount owed.

Past-due invoices may be charged a late fee after the due date.

In the event PennWisp has to use legal means for collection of past due amounts from the Customer, the Customer will be liable for all legal and filing fees charged to PennWisp when any award is in favor of PennWisp.

,p> In the event of a disputed credit card charge (chargeback) the Customer will be responsible to pay the chargeback fee if the chargeback is granted in favor of PennWisp.

In the event any loss of service is found to be the fault of the Customer or Customer owned Equipment, including but not limited to wireless router, computer, or other Equipment attached to the PennWisp network, an hourly troubleshooting fee may be charged. The troubleshooting fee may be charged without any obligation of PennWisp to repair, replace or otherwise alter Customer owned Equipment.

3. Term

The term of this Agreement is set forth on the service order and will be month to month unless otherwise indicated. The term begins with the date of the service order or the date upon which service activation occurs, whichever is later.

This Agreement shall automatically renew on a month to month basis until terminated by either PennWisp or Customer upon thirty (30) days prior, written notice.

4. Installation

Customer warrants that they are at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the service.

In the case of an apartment or condominium, Customer warrants that they have confirmed that placement of an access device including antenna, if needed, in a common area is not in violation of building owners or other restrictions.

Customer hereby authorizes PennWisp or its contractor to install the Equipment necessary to receive the service and agrees to allow PennWisp or its contractor access to the premises to install, maintain, or repair the Equipment.

Customer agrees that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges.

The Equipment supplied by PennWisp under this Agreement is and shall remain the exclusive property of PennWisp and must be returned to PennWisp in good and working condition upon the termination, expiration, or disconnection of your PennWisp service.

Customer must use reasonable care to avoid damage to the Equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment.

Any Equipment that is not returned to PennWisp in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement then PennWisp shall have the right to charge you up to $750 for the Equipment and Customer agrees to pay such charge and Customer hereby authorizes PennWisp to charge such amount to your credit card or checking account. In the event PennWisp does not have the Customer credit card or checking account information on file the Customer agrees to immediately pay PennWisp for the Equipment upon presentation of an invoice.

5. DE installation

In the event of cancellation, the Customer may opt to have a PennWisp contractor or technician remove the PennWisp owned Equipment. This service is provided for an hourly fee due and will be payable prior to cancellation of service. The Customer, may at their option, remove and return the PennWisp owned Equipment, in proper working condition. The Equipment must be returned to the current billing address found on the most recent Customer invoice. In the event the Equipment is not returned within 15 days following service cancellation PennWisp may at its sole discretion, remove and repossess the Equipment or charge the Customer for the replacement value of the Equipment as agreed to in the previous paragraph. PennWisp may at any time repossess its Equipment from Customer premises and Customer hereby consents to PennWisp’s entry upon Customer’s premises for such purposes.

6. Jurisdiction

This entire Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and the venue for any dispute shall be in a District Court for the County of Tioga, Pennsylvania.

7. Payment

Upon activation of Service, Customer agrees to pay PennWisp in full for all installation and activation fees, if applicable and any Equipment purchase fees by pre-authorized charge to a valid credit card, debit card, check, cash or money order or upon presentation of an invoice.

Customer agree to pay for Service at the rate indicated in the service order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card, payment by check is available only in advance, or upon presentation of an invoice.

All invoices shall be due upon receipt. Customer shall promptly notify PennWisp of any changes to the credit or debit card or bank account used for payment. In addition to PennWisp’s charges, the Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or PennWisp and directly associated with Customer service or Equipment.

PennWisp will resolve all disputed charges in its sole discretion. If PennWisp determines that a billing error was made, it will credit Customer's account in the amount of the error.

If Customer fails to pay an amount when due, PennWisp may charge Customer a late fee of 10% of the amount due, or such amount as is permitted by law. If Customer fails to pay by due date, then PennWisp may suspend service without notice.

If service has been terminated or suspended for non-payment, restarting service will require payment of all amounts due, in addition to a re-activation fee as stated on our pricing page.

If past due accounts are not resolved promptly, PennWisp may at any time repossess its Equipment from Customer premises and Customer hereby consents to PennWisp’s entry upon Customer’s premises for such purposes. In addition if Customer fails to pay any amounts when due under this Agreement, PennWisp shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of collection or repossession, including any reasonable attorney’s fees.

8. Acceptable Use

You must use the service in accordance with all federal, state and local laws, ordinances, and regulations.

PennWisp strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service.

PennWisp also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our service, which could also result in suspension or termination of your account.

9. User Conduct, Prohibited or Unlawful Use, Excessive Use

In order to maintain our network to meet the needs of the users of the service, Customer may not use the service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the PennWisp network or the service or any other party's use or enjoyment of the service.

Specifically, you may not:

o Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the service, or to probe, scan or test the vulnerability of a system or network associated with the service or those of any other party.

o Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

o Forge or falsify any TCP-IP packet header or any part of the header or address information in an e-mail or a newsgroup posting or otherwise conceal the sender's or the recipient's identity. Use the service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

Additionally, Customer may not, by use of the service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in PennWisp’s judgment:

o Is threatening, abusive, libelous or defamatory, indecent or obscene, fraudulent, invasive of another's privacy, or pornographic.

o Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.

o Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

o Damages PennWisp’s network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers.

o Use the Service to send unsolicited mass e-mailings from any PennWisp account or via another service which in any way implicates the use of this service or any PennWisp e-mail address or that is relayed from any PennWisp or third party's mail servers without permission.

o PennWisp reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the PennWisp Network. The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.

o PennWisp reserves the right to limit the amount of data that you may upload and/or download each month (bandwidth) based on the type of service you have ordered and the price associated therewith. If PennWisp concludes, in its sole discretion, that Customer is exceeding what PennWisp considers to be a reasonable use for such Service ordered, PennWisp may change Customers service as provided for herein with notice or alternatively, suspend or terminate your service.

o Participation in online communication accessed through the service is not edited, censored or otherwise controlled by PennWisp. However, PennWisp reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the service if PennWisp determines such content or Customer practices are illegal, harmful, offensive, or otherwise in violation of this policy.

o By posting or submitting content to any PennWisp website, Customer grants PennWisp the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose; and you also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by PennWisp will not infringe or violate the rights of any third party.

o Customer acknowledges and agrees that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content and materials available on any PennWisp website or through the PennWisp Service. Except as expressly authorized, Customer agrees not to use the Service in any manner that would infringe, violate, dilute or is appropriate any such rights with respect to any material.

o The PennWisp name, logo, and design marks are trademarks of PennWisp, and may be used only with the express written permission of PennWisp.

o PennWisp takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.

o PENNWISP DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. PENNWISP DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL PENNWISP BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY PENNWISP WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY PENNWISP TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES NOT AMOUNT TO A WAIVER OF PENNWISP’S RIGHTS.

o Please send reports of any activity in violation of law or this Policy to abuse@PennWisp.com. PennWisp and its service providers will reasonably investigate incidents involving such violations. PennWisp and its service providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected.

o Customer shall be bound by PennWisp's Acceptable Use Policy as amended from time to time and posted on the www.PennWisp.com website, which is hereby incorporated by reference as part of this Agreement.

Customer is solely responsible for all content transmitted using the service or the Equipment and shall not use the service or the Equipment in any way that could be harmful, damaging, or cause interference to PennWisp’s network or to others.

Specifically, Customer shall not use the service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages, to send or broadcast unsolicited commercial messages, to infringe copyrights, patents, or other intellectual property, to attempt to gain unauthorized or illegal entry to other’s computer systems or to transmit any virus, worm, or other malicious or potentially damaging code. PennWisp reserves the unilateral right to suspend or terminate service to any account engaging in such activities.

o In addition, PennWisp Customers may not resell or lease PennWisp’s service or Equipment to any other person or party, provide it to persons not a resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes.

10. Service Availability and Speed

PennWisp’s wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of PennWisp’s control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Internet access.

The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself.

Service may be temporarily unavailable during system repairs or modifications.

It is PennWisp’s intent to provide the access speeds indicated on the service order for a particular level of service at all times, however, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet.

PennWisp does not make any specific service level guarantees or provide remedies for disruption of service unless specified on a service order or expressly set forth in this Agreement, but may at its sole discretion, give credit for or refund payments for any periods when its service is unavailable to Customer through failure of PennWisp’s network.

Your service may limit the amount of data that limits your upload and or download each month (bandwidth) or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular service by referring to your service order. If during any month, you exceed a monthly bandwidth limit associated with your service PennWisp may change your service to one permitting such bandwidth use and you agree to the standard fees PennWisp charges for such level of service. PennWisp will provide you with thirty (30) days advance notice of any change to your service plan or rates.

11. Content

Customer acknowledges that PennWisp offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services (Content) provided by PennWisp or third parties over PennWisp’s Service.

Customer also acknowledges that PennWisp is not responsible for the actions of any third parties contacted by Customer over the service. Customer takes full responsibility for use of content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such content over the service without prior written consent from content owners or rights holders.

12. Privacy

PennWisp will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing service. PennWisp does not sell Customer information or share it with third parties, except PennWisp’s contractors, when required for the performance of their services.

PennWisp will only disclose Customer information to authorized officials or agencies as required by law.

PennWisp may from time to time offer additional services to its Customers, but any Customer may contact PennWisp to opt out of receiving such marketing offers.

13. Suspension or Termination of Service

PennWisp may limit, suspend or terminate Customer's service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement, or PennWisp has reason to believe that Customer's service is being used in a fraudulent manner or illegal purpose, or in any way that adversely affects PennWisp’s Customers or service, or if Customer's use of the service or Equipment exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement.

PennWisp may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the service or to notify PennWisp of attacks or the potential for attacks by viruses or sources of "spam" from within its network.

PennWisp reserves the right to filter spam or prevent hacking, viruses or other potential harms without regard to any Customer preference.

PennWisp may suspend or terminate service to any Customer, without prior notice, if in its sole discretion such action is required to protect its network.

PennWisp shall not be liable to Customer for exercising or failing to exercise its rights under this section to limit, suspend, or terminate service.

14. Limitation of Liability and Indemnification

PennWisp makes no representations or warranties, statutory, express or implied, as to the suitability of its service for any particular purpose or as to the Equipment.

Customer assumes all responsibility for use of the service and acknowledges that interruptions of service may occur.

PennWisp shall not be liable for any deficiency in the service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the service, or problems of unauthorized access, any suspension or termination of service by PennWisp or any other action taken by PennWisp to protect its network and the rights or property of PennWisp, its Customers or licensors from potential harm, damage or personal injury allegedly caused by use of the Equipment or Service or any other damage due directly or indirectly from causes beyond PennWisp’s control including, but not limited to, any act or omission of any carrier or service provider other than PennWisp, acts of God, acts of public enemies, acts of the government, acts or failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of PennWisp’s subcontractors.

PennWisp’s sole liability for service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of service disruption or other credit specified in a service order. Such compensation aside, and to the extent permitted by applicable law, PennWisp shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties.

This section shall survive termination of this Agreement. PennWisp will not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including PennWisp’s contractors.

If Equipment is lost or stolen, Customer agrees to promptly notify PennWisp and to provide PennWisp with any documentation or information that it requests and otherwise cooperate with PennWisp in the investigation of such incident.

Customer shall be responsible for any loss or damage to any Equipment belonging to PennWisp on Customer’s premises. Customer shall indemnify, defend, and hold PennWisp harmless from any violation by Customer of any applicable law or regulation.

Customer will further indemnify PennWisp for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information or content that Customer submits, posts, transmits or makes available through the service or Customer's use of the service or Equipment, Customer's actual or alleged violation of this Agreement, or Customer's actual or alleged violation of any rights of a third party.

15. General

This Agreement and the documents to which it refers form the entire Agreement between Customer and PennWisp. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this service Agreement on behalf of the Customer is authorized to do so.

This Agreement is not for the benefit of any third party. No failure or delay by PennWisp in exercising any right or remedy shall operate as a waiver. Any waiver by PennWisp of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.

16. Severability

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

 

 

 

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