TERMS OF USE: ACCEPTABLE USE POLICY
THIS ACCEPTABLE USE POLICY ("AUP") IS A MATERIAL PART OF ANY AGREEMENT WITH HIBEAM INTERNET &VOICE ("HIBEAM") FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. HIBEAM MAY REVISE THIS ACCEPTABLE USE POLICY FROM TIME TO TIME.
This Acceptable Use Policy ("AUP") governing HiBeam's services has been designed by HiBeam to ensure the integrity of its wireless broadband network and enhance the use of the Services for all of HiBeam's customers by designating standards for acceptable and unacceptable use. This AUP forms part of the agreement between HiBeam and you and is incorporated by reference into HiBeam's Terms of Service (the "Terms of Service") found at www.myhibeam.com. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR LEASED BY YOU FROM HIBEAM, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP.
Prohibited or Actionable Activities.
To preserve the ability of all of its customers to use HiBeam's network and the Internet without interference or harassment from other users, and as a condition of the Service, HiBeam prohibits you from engaging in the following activities:
Unlawful or Improper Use of the Service.
You may not use the Service in a manner that is unlawful, harmful to or interferes with use of HiBeam's network or systems, or the network of any other provider, damages, disables, or impairs any HiBeam property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy. The Service is intended for reasonable periodic, ordinary active use.
Objectionable Material.
You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation.
Junk E-mail.
You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. HiBeam considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
Fraudulent Activity.
You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", or "chain letters." You may not use techniques to hide or obscure the source of any e-mail or other communication.
Impersonation.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
Software Viruses.
You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers HiBeam does monitor Internet ports that are considered to be security risks as determined by HiBeam in its sole discretion.
Collecting Information.
You may not use the Service to store or collect, or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent.
Excessive Utilization of Network Resources.
Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network's resources. HiBeam, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to unreasonably disrupt or degrade the HiBeam network or network usage by others. HiBeam reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. When feasible, upon observation of an excessive use pattern, HiBeam will attempt to contact you by e-mail at the e-mail address on file or otherwise to alert you to your excessive use of bandwidth and to help determine the cause. Running web servers or other high bandwidth devices is prohibited for residential customers. HiBeam representatives are available to explain the parameters of this AUP and to help you avoid another excessive use incident or to upgrade you to a different class of Service that comports with your usage. If you are unavailable or do not respond to HiBeam's attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring, HiBeam reserves the right, set forth in the "AUP Enforcement and Notice" provisions below, to act immediately and without further notice to restrict, suspend or terminate your Service.
Use of Your Account by Others.
You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without HiBeam's prior written consent . You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP. This includes but is not limited to installation of a wi-fi router which allows "sharing" internet connection among multiple individuals at different addresses or among multiple businesses without HiBeam's prior written consent.
Security Precautions.
You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
AUP Enforcement and Notice.
Customer's failure to observe the guidelines associated with this AUP may result in HiBeam taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, HiBeam may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. HiBeam representatives also are available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation.
HiBeam reserves the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose HiBeam to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of HiBeam's network or networks with which HiBeam is interconnected; (3) interfere with another HiBeam customer's use of the Service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to HiBeam or its customers. In the event of termination of your Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of HiBeam are cumulative and not exclusive of any rights or remedies that HiBeam may otherwise have at law or in equity. Waiver of any violation of this AUP by HiBeam shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by HiBeam in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this AUP in conjunction with our Terms of Service and our other Policies which you may find at www.myhibeam.com. HiBeam has the right but not the obligation to monitor or restrict any uses of the Service that HiBeam reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.
Reporting Violations.
HiBeam requests that any person who becomes aware of a violation of this AUP report the information to HiBeam at support@myhibeam.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. HiBeam may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber's newsgroup posting privileges; suspend the subscriber's account; terminate the subscriber's account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to HiBeam 400 S Woods Mill Rd Ste. 305, Chesterfield, MO 63107 Attn: Copyright Infringements. Note that inquiries relevant to the following procedure only will receive a response.
Revisions; Reservation of Rights.
HiBeam reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the "Service Announcements" section of HiBeam's website: http://www.myhibeam.com/company/legal/announcements.htm. Such amendments or modifications will become effective on the date we send them to you by email, or announce them on our website, whichever is earlier; afterwards, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to HiBeam within twenty (20) days of the effective date of the modification.