Wireless Broadband – Acceptable Use Policy

1. Acceptable Use Policy Synopsis

 The Internet is a dynamic collection of millions of interconnected networks, servers, computers and routing equipment, the domain by which extends into several distinct local, state, federal and international jurisdictions. These jurisdictions use rule of law as well as regulatory decisions and legislative acts designed to improve the usage and function of the internet as well as to protect people from the inherent dangers. The purpose of this AUP (Acceptable Use Policy) is to help you become aware of and understand the legal ramifications of using your connection. This policy is based on industry standards, current legislative acts and rule of law.

2. Federal and Legislative Law Requirements

This Acceptable Use Policy draws heavily from contemporary legislative acts as well as relevant historical federal legislation. The scope of law includes the communicative, transactional and distributive aspects of computer networks and technologies. These information technology laws are a set of legal enactments that relate to computer software, access and security, digital media control and dissemination, internet access and electronic commerce. This acceptable use policy does not include references to international legislation that may be legally binding in some circumstances. It is the responsibility of the end-user to be aware of international laws.

Eclipse Communications and its stakeholders are bound by the following legislative acts (non-exhaustive):

(1974) Privacy Act;

(1986) Electronic Communication Privacy Act

(1998) Digital Millennium Copyright Act

(1998) Children’s Online Privacy Protection Act

(2000) Children’s Internet Protection Act

3. Violations of Eclipse Communications, LLC’s Acceptable Use Policy

The word “Service” refers to our wireless broadband services. The following constitute a violation of this AUP:

1. Illegal Use. Using our Service to transmit (send or receive) any material (files, text, code) through any mode of communication (email, chat, posting,) that intentionally or unintentionally violate local, state, federal, or international law.
2. Harm to Minors. Using Service to facilitate or cause harm to a minor in any way.
3. Using Service to intimidate or harass other people
4. Using Service to threaten other people.
5. Identity Theft, Forgery or Impersonation. Modifying network communications, transmitting abusive software or code, or engaging in any activity resulting in theft of identity.
6. Unsolicited transmissions. Using service to control or directly distribute unsolicited email (bulk, spam) in general.
7. Unauthorized access. Using service to attempt, acquire or penetrate the computer, network, account, or profile of another person or organization or to penetrate the software/hardware/security of Eclipse Communications.
8. Copyright/Trademark Infringement. Using service to transmit (send or receive) digitally copyrighted material that infringes upon applicable copyright or trademark.
9. Data Collection. Collecting personal data without consent.
10. Network Disruption. Using service to intentionally deny or adversely affect access to Service by other people. This includes DOS (Denial of Service) or DDOS (Distributed Denial of Service) attacks to disrupt Eclipse Communications equipment or the Service of other Eclipse Communications stakeholders.
11. Wireless Security. Attempts to defeat, redirect or impair wireless communication, encryption or transmission/reception.
12. Commercialization of connections

A residential/commercial class connection cannot be used to:

1. Operate server or routing equipment designed to provide content, services or transactions to anyone outside of the premises.
2. Operate software designed to provide content, services or transaction to anyone outside the premises.
3. Use encryption or obfuscation technologies designed to mask presence of servers, routing equipment or programs designed to provide content, services or transactions to anyone outside the premises.
4. Equipment Responsibility

The CPE (Customer Premise Equipment), constituting the radio, radio mounting equipment, or POE (Power Over Ethernet) equipment, is provided to the customer for the purposes of enjoying our services. The CPE equipment is solely owned by Eclipse Communications, and is provided to the customer until service is terminated. The CPE equipment is under warranty for the duration that services are provided. Eclipse Communications will replace the equipment if determined defective in normal use of our service. Costs due to improper use of the CPE equipment, such as for unauthorized purposes, internal or external modification or improper handling will be billed to the customer. Loss, damage or destruction of CPE equipment due to vandalism, accidental damage or destruction, theft or weather damage will be billed to the customer. It is the responsibility of the customer to ensure the CPE equipment is not damaged.

Homeowner is fully responsible for the costs to repair/replace/upgrade equipment as a result of damage to the CPE as a result of negligence, accidents or willful modification of any part of the CPE for any reason and is subject to the discretion of Eclipse Communications therein.

Access to the CLI (Command Line Interface), AP provisioning software, front-end configuration software, configuration files, firmware, proprietary configurations, and configuration templates is prohibited. Unauthorized access into the AP equipment will require the unit to be reconfigured and re-provisioned at the customer’s expense. Attempts to subvert or defeat system security may result in termination of the account in addition to legal action.

5. Revisions

This AUP may be updated with or without notice. Updates may include amendments which include new content, removal of irrelevant or expired content, or modification of current content. The latest version of the AUP can be obtained from our website at www.eclipse-communications.com. Any questions or concerns can be emailed to support@eclipse communications.com.