ACCEPTABLE USAGE POLICY
WiVo Wireless Broadband Networks, Inc. (WBN) has designed its Acceptable Usage Policy (AUP) to enhance the use of our wireless internet access and related services (Services) by our subscribers and their end users by setting standards for acceptable use and preventing unacceptable use. This AUP is part of the Agreement between WiVo WBN and you. A user of our services must comply with this AUP.
WiVo WBN Terms of Use:
Improper Use of the Service.
You many not use the service in a manner prohibited by any Federal, State or Local law or regulation. Without limiting the foregoing, you may not user the Service for any abusive purpose or in any way that damages WiVo WBN's property or interferes with or disrupts or network or adversely affects the other WiVo WBN subscribers. You may not attempt to circumvent user authentication or security of any host, network, network element or account (commonly referred to as hacking or cracking). This includes but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host or network (denial of service attack). This includes, but is not limited to, flooding of networks, deliberate attempts to overload a service and attempts to crash a host. You may not user any kind of program/script/command or send messages of any kind designed to interfere with any server or a user's terminal session, by any means, locally or via the internet.
Copyright Infringement
You may not use the Service to transmit any material that infringes on any patent, trademark, trade secret, copyright or other proprietary or intellectual right of any party, including but not limited to the unauthorized copying of copyrighted material, the digitization and distribution of photographs form magazines, books or other copyrighted sources and the unauthorized transmittal of copyrighted software.
Objectionable Material
You may not use the Service to post, transmit or disseminate objectionable material that is unlawful, threatening, abusive, libelous, hateful or encourages conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate any local, state or national law, order or regulation.
Junk E-Mail
You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, junk mail, unsolicited bulk e-mails and unsolicited commercial e-mail (spam).
Fraudulent Activity
You may not use the Service to mail 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.
False Impersonation
You may not use the service to impersonate any person or entity or falsely state or other wise misrepresent your affiliation with any person or entity.
Software viruses
You may not use the Service to transmit any material that contains viruses, worms, Trojan Horses, or other code that manifests contaminating or destructive properties.
Collecting Information
You may not use the Service to collect or attempt to collect personal information about third parties without their knowledge or consent.
Use of Your Account by Others
You may not, through action or inaction, allow others to use the Service for illegal or improper activities. You may not permit your network to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner.
Security Precautions
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining an external means for the reconstruction of any lost data.
Violations of Acceptable Use Practices
Any violation of this AUP may result in the immediate suspension or termination of your Service. You are solely responsible for all content that is transmitted from or to your account under this Service.
Privacy
WiVo WBN is under no obligation to monitor the Service, but may do so from time to time. WiVo WBN may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, and governmental requests or in order to protect its property or legal interests.
Revisions
WiVo WBN reserves the right to revise, amend or modify this policy at any time and such revisions will be effective five (5) days after posting at our website or providing e-mail notification to you.
No Agency
Neither party is authorized to act for the other party.
Suviorability
In the event a portion of this agreement shall be declared null and void, the agreement shall continue in full force and effect less the voided section.
Entire Agreement
This agreement together with its exhibits attached hereto and to be attached hereto constitutes the entire agreement between the parties and supersedes any prior written or oral agreements or representations . None of the terms, conditions or provisions contained in this agreement may be changed, modified or deleted, except by an instrument executed by the parties.
Business Day
Whenever an event is to take place or action is to be taken within a certain number of days pursuant to this agreement, and a day that such event is to occur or action is to be taken is a non-business day, the event shall occur or action shall be taken on the next business day. For purposes of this section, the term "business day" shall mean any day other than a Saturday, Sunday or a day which is a statutory holiday under the laws of the State of Florida .
Date of Agreement
The date of this agreement shall be the date this agreement is executed by the party last executing same.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Florida . The parties agree that any legal proceedings brought by either party in connection with or arising out of this agreement shall be brought in Broward County , Florida .
Attorneys' Fees
In the event either party shall be forced to enforce this agreement, whether or not through litigation, the prevailing party shall be entitled to receive reasonable attorneys' fees and all costs incurred in connection with such enforcement, including fees and costs of appeal.
Further Cooperation
From and after and the date of this agreement each of the parties hereto agrees to execute whatever additional documentation or instruments as are necessary to carry out the intent and purposes of this agreement.
Waiver
No indulgences expended by any party thereto or any other party shall be construed as a waiver of any breach on the part of such other party, nor shall any waiver of one breach be construed as a waiver of any rights or remedies with respect to any subsequent breach.
Gender
Wherever the context shall require, all words herein in any gender shall be deemed to include either the masculine, feminine or neuter gender. All singular words shall include the plural, and all plural shall include the singular.
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