WIFI BEAR, LLC ACCEPTABLE USE POLICY
THIS ACCEPTABLE USE POLICY (AUP) IS A MATERIAL PART OF ANY CUSTOMER AGREEMENT WITH WIFI BEAR, LLC FOR THE PROVISION OF SERVICE(S). BY YOUR USE AND ACCEPTANCE OF WIFI BEAR’S SERVICE(S), YOU ARE ACKNOWLEDGING THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT PRESENTED. IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICE(S) PROVIDED BY WIFI BEAR. WIFI BEAR RESERVES THE RIGHT TO CHANGE THIS AUP AT ANY TIME AND ANY MODIFICATION(S) SHALL BE EFFECTIVE WHEN POSTED. CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH MODIFICATION(S). VIOLATION OF ANY PROVISION OF THIS AUP MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM WIFI BEAR. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. NO CREDITS WILL BE ISSUED FOR AN INTERRUPTION IN SERVICE RESULTING FROM AUP VIOLATIONS.
Customer Security Responsibilities
You are solely responsible for any breaches of security affecting equipment under your control. If your equipment or network is involved in an attack on another server or system, it will be shut down.
System and Network Security
Violations of system or network security may result in criminal and civil liability. WiFi Bear may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by WiFi Bear. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Inquiries regarding security matters may be directed to noc@WiFiBear.io.
WiFi Bear is concerned with the privacy of online communications and web sites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WiFi Bear urges its customers to assume that all of their online communications are insecure. WiFi Bear cannot take responsibility for the security of information transmitted over WiFi Bear' facilities.
Please refer to the Company’s Privacy Policy, available at: http://www.WiFiBear.io/about/privacy-policy
Password Protection
The customer is responsible for protecting customer's password(s) and for any authorized or unauthorized use made of customer's password(s). The customer will not use or permit anyone to use WiFi Bear' service to guess passwords or to access other systems or networks without authorization. WiFi Bear will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Internet Etiquette
The customer is expected to be familiar with and to practice good internet etiquette. The customer will comply with the rules appropriate to any network to which WiFi Bear may provide access. The customer should not post, transmit, or permit internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortious, indecently depicts children or is likely to result in retaliation against WiFi Bear by offended users. WiFi Bear reserves the right to refuse or terminate service at any time for violation of this section.
Copyright Infringement - Software Piracy Policy
The WiFi Bear network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Under the Digital Millennium Copyright Act (DMCA), copyright owners have the right to notify WiFi Bear’s registered agent if they believe that a WiFi Bear customer has infringed on their work(s). When WiFi Bear receives a complaint notice from a copyright owner, WiFi Bear will notify the customer of the alleged infringement by providing them a copy of the submitted DMCA notice. As required by law, WiFi Bear enforces a graduated response policy to complaints that may lead to suspension or termination of service. WiFi Bear may terminate services if we receive more than three (3) notices. Please be aware that no refunds or pro-rations will be given for installation and/or service fees if your account is cancelled due to excessive DMCA notices.
Network Responsibility
Customers have a responsibility to use the WiFi Bear network responsibly. This includes respecting the other customers of WiFi Bear. WiFi Bear reserves the right to suspend and or cancel service with any Customer who uses the WiFi Bear network in such a way that adversely affects other WiFi Bear customers. This includes but is not limited to: attacking or attempting to gain unauthorized access to servers and services that belong to WiFi Bear or its customers (i.e., computer hacking), and/or participating in behavior which results in reprisals that adversely affect the WiFi Bear network or other customers' access to the WiFi Bear network. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad (https://www.fbi.gov/aboutus/investigate/cyber/computer-intrusions).
Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any WiFi Bear service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of WiFi Bear services or products is prohibited. Using the WiFi Bear network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.
Servers hosted within WiFi Bear network are open to the public. You are solely responsible for your usage of the
WiFi Bear network and servers and any statement you make on servers hosted within the WiFi Bear network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
WiFi Bear will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their actions over the WiFi Bear network, and will be liable for illegal material accessed or posted. Violations of the Child Protection Act may be reported to the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) at 1-866-
DHS-2-ICE. Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children via its toll-free 24-hour hotline, 1-800-THE-LOST.
You may not use WiFi Bear’ services to send bulk, business or unsolicited ("spam") email messages. The service may not be used to collect responses from unsolicited email sent from accounts on other internet hosts or email services that violate this AUP or the acceptable use policy of any other internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited.
If the service is disconnected, whether voluntarily or by termination, all user names and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Addresses and email may be held until WiFi Bear deletes them as part of its normal policies and procedures. There is no obligation for WiFi Bear to retain or make any user name, email address or stored email retrievable once the service is disconnected.
IP Address Overlap
WiFi Bear administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by WiFi Bear staff. Any server found using any IP address which was not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
VoIP Usage Restrictions
VoIP services from WiFi Bear may not be used in conjunction with the following: MDU or MTU’s, auto dialers, broadcast fax, call center applications, foreign exchange services, public telephone services, public access smart-pay phones, A/D conversion PBX services, call-back services, WATS services, predictive calling/dialing systems, automatic outbound dialing systems, any type of ACD system, or the functional equivalent of any such system herein described, unless previously approved by WiFi Bear.
Billing
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's network to the internet. The customer may request that the customer's network be disconnected from the internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. Refer to WiFi Bear’ Terms and Conditions for additional information: http://www.WiFiBear.io/about/policies-and-disclosures/terms-and-conditions.
Suspension
If WiFi Bear, in its sole discretion, determines that a customer's network has become the source or target of any violation concerning the AUP, WiFi Bear reserves the right to suspend network access to that customer. While WiFi Bear will attempt to contact the customer before suspending network access to the customer's server(s), prior notification to the customer is not assured. In certain cases, WiFi Bear will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their network before, during and after the suspension period.
Cancellation
WiFi Bear reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Refer to WiFi Bear’ Terms and Conditions for additional information: http://www.WiFiBear.io/about/policies-and-disclosures/terms-andconditions.
Disclaimer of Responsibility
WiFi Bear is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred; accordingly, we do not assume any responsibility through our AUP to monitor or police internet-related activities. WiFi Bear disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of WiFi Bear must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AUP BY YOU.
Permitted Uses – Home Service
Home internet services are provided for customer's personal, home, non-business and non-professional use. This means that the home customer may not use them for any business or governmental activities, profit-making or nonprofit, including but not limited to home office, business, sales, tele-commuting, tele-marketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal home usage patterns. This also means that a home user may not resell or transfer the services to any other person for any purpose, or make any charge for the use of the service, without express written permission from WiFi Bear in advance. The home customer agrees that customer's use of the service for any business or governmental purpose will obligate the customer to pay WiFi Bear' higher rates for business service on account of all periods, including past periods, in which customer uses, or used, the service for business or governmental purposes. WiFi Bear reserves the right to immediately terminate or modify the service, if WiFi Bear determines, in its sole discretion, that the customer's service is being used for non- home use.
Disclaimer of Liability
WiFi Bear shall in no way be liable or responsible for any loss, damage, or expense that customer may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the service or if the quantity of the service supplied is no longer available or suitable for customer's requirements. WIFI BEAR’S EQUIPMENT AND SERVICES ARE NOT AUTHORIZED FOR CUSTOMER’S USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. CUSTOMER MAY NOT PLACE RELIANCE ON ANY SERVICE PROVIDED BY WIFI BEAR FOR USE IN ANY REMOTE MONITORING APPLICATION OR SERVICE, INCLUDING THOSE THAT RELY ON CUSTOMER’S ON PREMISE WI-FI. WIFI BEAR MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AUP, AND WIFI BEAR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIFI BEAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT WIFI BEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES