Acceptable Data Usage Policy
Why is FWA Internet providing this Acceptable Data Usage Policy to my service plan?
Acceptable Data Usage Policy (the “AUP”) is adopted by FWA Internet and it’s goal is to provide its customers with the best commercial internet service possible. This policy outlines acceptable use of FWA Internet business services internet service, including FWA Internet -supplied Wi-Fi internet service, Ethernet services, and other internet-based communications services (each and collectively, the “service”).
This policy is in addition to any other restrictions contained in any applicable terms and conditions or other agreements for small business or enterprise services. All capitalized terms used in this policy that are not defined here have the meanings given to them in the applicable small business and enterprise services agreements (each and collectively, “business services agreements”).
All FWA Internet business services customers and all others who use the service (the “customer,” “user,” “you,” or “your”) must follow this policy. Your business’ failure to follow this policy could result in the suspension or termination of its service account. In these cases, termination or other charges may apply. If your business does not agree to follow this policy, it must at once stop all use of the service and notify FWA Internet so that it can close your business’ account.
Does this policy apply to my use of FWA Internet business services Wi-Fi services inside and outside of my premises and in public places?
This Acceptable Data Usage Policy applies to your use of the service if you are a FWA Internet* business services customer who accesses FWA Internet supplied business services Wi-Fi found services inside or outside of your premises or in public places using a FWA Internet business services login and password. In the event certain provisions of this policy may not apply to all uses of FWA Internet business services Wi-Fi named services.
How will my business know when FWA Internet changes this policy and how will it report violations of this policy?
FWA Internet may revise this policy from time to time. For a copy of this document, please call (815)556-0600 or go to the Acceptable Data Usage Policy webpage. FWA Internet will use reasonable efforts to make customers aware of any changes to this policy, which may include posting information on the FWA Internet business services web site. Revised versions of this policy are effective at once upon posting.
So, customers of the service should read any FWA* Internet announcements they receive and regularly visit the FWA Internet business services web site and review this policy to ensure that their activities conform to the most recent version. Your business can send questions about this policy to, and report violations of it at (815)556-0600, to report a child exploitation incident involving the internet contact your local law enforcement.[/vc_column_text][vc_toggle title=”I. Prohibited Uses and Activities”]
What uses and activities does FWA Internet prohibit?
In general, Acceptable Data Usage 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-Provided Equipment, or the FWA Internet Equipment, either individually or in combination with one another, to:
Conduct and information restrictions:
Undertake or conduct 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.
Or issue any information or material which a reasonable person could consider to be unlawful. upload, post, publish, send, 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. send unsolicited bulk or commercial messages commonly known as “spam;” send large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service. initiate, perpetuate, or in any way take part in any pyramid or other illegal scheme. participate in the collection of large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or take part in the use of software designed to help this activity. collect responses from unsolicited bulk messages.
Use IRC (Internet Relay Chat) or other chat services or tools to flood chats, or use unattended clones, bots, or other automated programs to engage in chats. falsify, alter, or remove message headers. falsify references to FWA Internet or its network, by name or another 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.
Or to 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:
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 try 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 your business, logging into or making use of a server or account your business is 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 sub-license any proprietary software provided in connection with the Service by FWA Internet or any third party, except that your business may make one copy of each software program for back-up purposes only.
Distribute programs that make unauthorized changes to software (cracks). service, alter, change, or tamper with the FWA Internet Equipment or Service or allow any other person to do the same who is not authorized by FWA Internet.
Network and usage restrictions:
To restrict, inhibit, compromise, 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 or tools implementing authorized internal business policies)’. restrict, inhibit, compromise, interfere with, or otherwise disrupt or cause a performance degradation.
Regardless of intent, purpose or knowledge, to the Service or any FWA Internet (or FWA Internet supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any FWA Internet (or FWA Internet supplier) facilities used to deliver the Service; make the Service (if) available to any third party unless done with FWA Internet ’s written approval by an applicable Business Services Agreement or (ii) available to any person or third party for use within a residential unit at the site(s) at which Customer receives the Service. It is not a violation of this Policy for a Customer to make the Service available to its authorized employees, contractors or to other users (i.e., the public, customers of an establishment or hotel or motel guests and patrons) in the common or public areas of the site at which Customer receives the Service, so long as such use does not violate the terms and conditions of Customer’s Business Services Agreement;
- Resell the Service or otherwise make available to anyone outside the Service Location(s) the ability to use the Service, in whole or in part, directly or indirectly, unless expressly allowed by the applicable Business Services Agreement.
- Connect the FWA Internet Equipment to any computer outside of your business’ Service Location(s).
- Interfere with computer networking or telecommunications service to any user, host or network.
Or interfere with FWA Internet‘s ability to control or block ports for safety and security purposes and as part of its overall network management or interfere with FWA Internet ‘s use and control of its domain name server (“DNS”) used in connection with the Service; and access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless otherwise expressly allowed by the applicable Business Services Agreement.[/vc_toggle][vc_toggle title=”II. Customer Conduct and Features of the Service”]
What obligations does my business have under this Acceptable Data Usage Policy?
In addition to overseeing its own compliance with this Acceptable Data Usage Policy, your business is also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by an employee, contractor, customer, or guest with access to your Service account. Your business is solely responsible for the security of any device (including data on those devices) it chooses to connect to the Service.
Your business handles securing the Customer-Provided Equipment and any other Service Location(s) equipment or programs not provided by FWA INTERNET that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does FWA INTERNET address inappropriate content and transmissions?
FWA INTERNET 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 FWA INTERNET ‘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 FWA INTERNET nor any of its affiliates, suppliers, or agents have any obligation to watch transmissions or postings made on the Service. However, FWA INTERNET and its affiliates, suppliers, and agents have the right to watch these transmissions and postings from time to time for violations of this Policy and to show, block, or remove them per this Policy, the Business Services Agreement, and applicable law.
What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I in this Policy. As described below in Section III of this Policy, FWA INTERNET 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).
FWA INTERNET is not responsible for removing or forwarding any email sent to the incorrect email address(es) by your business or by someone else trying to send email to your business or its employees, contractors, or users. FWA INTERNET is also not responsible for forwarding email sent to any account that has been suspended or stopped. This email will be returned to the sender, ignored, dropped, or stored temporarily at FWA INTERNET’s sole discretion. If a Service account is stopped for any reason, all e-mail associated with that account (and any secondary accounts) that is hosted by or at the direction of FWA INTERNET will be permanently removed as well.
In the event that FWA INTERNET believes in its sole discretion that any subscriber name, account name, or email 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, FWA INTERNET (a) 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, FWA INTERNET may at any time reserve any identifiers on the Service for FWA INTERNET ‘s own purposes.
FWA INTERNET Service plans limit the storage of messages on FWA INTERNET ‘s systems to a specified number of days and may set an upper limit on the size and/or number of messages that you may send or receive through the Service. Neither FWA INTERNET nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the non-delivery of, failure to deliver, or the untimely delivery of messages.
FWA INTERNET ‘s email servers and other systems employ various virus detection and prevention tools that it updates often to respond to the latest threats on the Internet. These tools will automatically remove viruses and other unwanted material from emails whenever possible. This applies both to emails your business sends as well as to emails your business receives. FWA INTERNET ‘s systems also may scan all incoming and outgoing email traffic over the Service using automated tools applying recognized and commonly used techniques for finding and blocking spam and other unwanted or harmful code or content.
What requirements apply to instant, video, and audio messages?
Each user manages the contents of his or her instant, video, and audio messages and the consequences of any of these messages. FWA INTERNET assumes no responsibility for the timeliness, non-delivery, deletion, or failure to store these messages. If a Service account is stopped for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently removed as well.
What requirements apply to web hosting services?
FWA INTERNET may supply various web hosting services that your business can subscribe to, and which include, among other features, domain name hosting, website hosting, file storage, and file transfer (collectively, the “Web Hosting Services”). Your business is solely responsible for any information that it or others publish or store on the Web Hosting Services and for compliance with all laws related to such information.
What requirements apply to my business’ Service account Internet reputation?
FWA INTERNET supplies the Service for use in your business. Most everything your business does using the Service will be directly attributable to it and affect its reputation. However, because FWA INTERNET supplies the systems to deliver the Service, your business can do things using the Service that are directly attributable to FWA INTERNET and affect its reputation. Most obviously, if your business uses the Service to send spam (or what spam reporting services or recipients classify as spam) or uses the Web Hosting Services for an improper purpose such as phishing, these activities may affect FWA INTERNET ‘s reputation because of its ownership of the IP addresses associated with the Service. These activities also violate this policy.[/vc_toggle][vc_toggle title=”III. Network Management”]
Why does FWA INTERNET manage its network?
FWA INTERNET manages its network with one goal: to deliver the best possible broadband Internet experience to all its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as FWA INTERNET works to promote the use and enjoyment of the Internet by all its customers. The company uses reasonable network management practices within the Acceptable Data Usage Policy that are consistent with industry standards. FWA INTERNET tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.
The need to engage in network management is not limited to FWA INTERNET. In fact, all large Internet service providers manage their networks. If the company didn’t manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradation of service. By engaging in responsible network management including enforcement of this Policy, FWA INTERNET can deliver the best possible broadband Internet experience to all its customers.
How does FWA INTERNET manage its network?
Network management activities employed by FWA INTERNET may include (is) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and (iii) using other tools and techniques that FWA INTERNET may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.[/vc_toggle][vc_toggle title=”IV. Data Consumption”]
Are there restrictions on data consumption that apply to the Acceptable Data Usage Policy?
The Service is for commercial use only in a small, medium, or large business as determined by the applicable Business Services Agreement. Therefore, FWA INTERNET reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical commercial user of the Service as determined by the company in its sole discretion, or where it exceeds published data consumption limitations. 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) user generated content sites. Your business must also ensure that its 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 FWA INTERNET in its sole discretion) an overly large burden on the network. In addition, your business must ensure that its use of the Service does not limit or interfere with FWA INTERNET ‘s ability to deliver and monitor the Service or any part of its network.
If your business uses the Service in violation of the restrictions referenced above, that is a violation of this Policy and a breach of your Business Services Agreement. FWA INTERNET ‘s determination of the data consumption for Service accounts is final.[/vc_toggle][vc_toggle title=”V. Violation of this Acceptable Data Usage Policy”]
What happens if you and/or your business violate this Acceptable Data Usage Policy?
FWA INTERNET reserves the right immediately to suspend or terminate your business’ Service account and terminate the Business Services Agreement if it violates the terms of this Policy or the Business Services Agreement.
How does FWA INTERNET enforce this Acceptable Data Usage Policy?
FWA INTERNET has no obligation to monitor and does not routinely monitor the Service and/or the network. However, FWA INTERNET and its suppliers reserve the right at any time to monitor bandwidth, usage, data consumption, 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 FWA INTERNET users.
FWA INTERNET prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. FWA INTERNET also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without FWA INTERNET ‘s intervention. However, if the Service is used in a way that FWA INTERNET or its suppliers, in their sole discretion, believe violates this Policy, FWA INTERNET 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, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither FWA INTERNET nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not FWA INTERNET ‘s exclusive remedies and FWA INTERNET may take any other legal or technical actions it deems appropriate with or without notice.
FWA INTERNET reserves the right to investigate suspected violations of this Policy and examination of material on FWA INTERNET ‘s servers and network. During an investigation, FWA INTERNET may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. Your business expressly authorizes and consents to FWA INTERNET 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 business’ Service account, FWA INTERNET is authorized to delete any files, programs, data, email and other messages associated with your business’ account (and any secondary accounts).
The failure of FWA INTERNET 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. Your business agrees 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.[/vc_toggle][vc_toggle title=”VI. Copyright”]
How does FWA INTERNET communicate with customers about copyright?
FWA INTERNET is committed to following U.S. copyright and related laws and requires all customers and users of the Service to follow these laws. So, your business may not store any material or content on, or send 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. FWA INTERNET follows the Digital Millennium Copyright Act of 1998 (“DMCA”) that supplies a process for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them. Your business may receive notices under the DMCA if a copyright owner finds your business’ Service account as having been used in connection with acts of alleged copyright infringement.
What is FWA INTERNET ‘s DMCA policy?
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 DMCA to report alleged infringements. FWA INTERNET, in accordance applicable laws, reserves the right to stop 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 FWA INTERNET, in its sole discretion, believes is infringing these rights. FWA INTERNET may stop the Service at any time with or without notice for any affected customer or user.
How do copyright owners report alleged infringements to FWA INTERNET under the DMCA?
Copyright owners may report alleged infringements of their works that are stored on the Service or the Web Hosting Services by sending FWA INTERNET ‘s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon FWA INTERNET ‘s receipt of a satisfactory notice of claimed infringement for these works, FWA INTERNET will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Web Hosting Services or (ii) disable access to the work(s). FWA INTERNET 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 FWA INTERNET a notification of claimed infringement to report alleged infringements of their works under the DMCA to:
DMCA Notifications
FWA INTERNET
Email: help@fwainternet.com
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 of alleged copyright infringement may be liable to FWA INTERNET, 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 your business do if it receives a DMCA notification of alleged infringement?
If your business receives a DMCA notification of alleged infringement as described above, and it believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then your business may send a counter notification to FWA INTERNET. Upon FWA INTERNET’s receipt of a counter notification that satisfies the requirements of the DMCA, FWA INTERNET 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, your business expressly agrees that FWA INTERNET will not be a party to any disputes or lawsuits of alleged copyright infringement.
If a notification of claimed infringement has been filed against your business, it can file a counter notification with FWA INTERNET’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.