High Rapid Networks Acceptable Use Policy

Introduction

High Rapid Networks is pleased that you have chosen High Rapid Networks for your internet services (the “Service”). This Acceptable Use Policy (the “Policy”) outlines acceptable use of the Service. All subscribers and users of the Service must comply with the terms of this Policy.

Why is High Rapid Networks providing this Policy to me?

High Rapid Networks want to ensure that customers and other users have a high-quality experience while using the Service. This Policy is intended to provide protection for our subscribers and the Internet community, while also allowing High Rapid Networks to fairly share its network to all subscribers.

How will I know when High Rapid Networks changes this Policy?

High Rapid Networks reserves the right to make changes to this Policy as our business needs and those of our customers change. High Rapid Networks will post any changes to this Policy on its website highrapid.com (the “Website”),

Prohibited Uses and Activities.

This 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.

Conduct Restrictions.

Use of the Service for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order, ordinance, rule or regulation, is a violation of this Policy. Examples of prohibited use include, but are not limited, to using the Service to:

• Attempt or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, contains child exploitation material, 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, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
• Upload, post, publish, transmit, 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;
• Transmit unsolicited bulk or commercial messages commonly known as “spam;”
• Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
• Participate in the collection of very 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 participate in the use of software (including “spyware”) designed to facilitate this activity;
• Falsify, alter, or remove message headers;
• 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 (for example, “phishing”)’ or
• Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or website that you access or use;

Technical Restriction.

The Policy also places technical restrictions on the use of the Service. Prohibited uses include, but are not limited, using the Service to:

• Access any other person’s computer or computer system, device, sensor, camera, network, software, or data without his or her knowledge and consent;  breach the security of another user or system; or attempt 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 you, logging into or making use of a server or account you are 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 sublicense any proprietary software provided in connection with the Service by High Rapid Networks or any third party, except that you may make one copy of each software program for back-up purposes only;
• Distribute programs that make unauthorized changes to software (cracks);

Network Usage Restrictions.

The Service is intended for personal non-commercial residential use (except for your individual use for telecommuting), and commercial business use. Any other purpose is beyond the intended purpose of the Services and not allowed. This includes using the Services for operation as an Internet service provider. The Service should not be used for any of the following uses:

• Restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
• Impede others’ ability to use, send, or retrieve information using the Service;
• Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any host, server, backbone network, node or service, or otherwise cause a performance degradation to any High Rapid Networks facility used to deliver the Service;
• Resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly;
• Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;

Rights Infringement

The Service shall not be used in any way to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. All users must obtain appropriate authorization from such other person or entity prior to sending, receiving or using such materials. All users of the Service represent and warrant that the user is and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and further represents and warrants that no hosted content violates or will violate the trademark, copyright, domain name or intellectual property rights of any third party. High Rapid Networks assumes no responsibility, and the user assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used for such purposes.

High Rapid Networks is registered Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify High Rapid Networks if they believe that a High Rapid Networks customer has infringed the copyright owner’s work(s). If High Rapid Networks receives a notice from a copyright owner alleging that the customer has committed copyright infringement, High Rapid Network will notify the customer of the alleged infringement. High Rapid Networks may determine that the customer is a repeat copyright infringer if High Rapid Networks learns that a customer has engaged in online copyright infringement on more than one occasion. High Rapid Networks reserves the right to suspend or terminate the accounts of repeat copyright infringers.

DMCA Infringement Notification Policy

To file a copyright infringement notification, you will need to send a written or e-mail communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed either by providing the URL to the original or other information sufficient to specify the copyrighted work being infringed
3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Your name, address, telephone number and e-mail address.

Before providing your notification of claimed infringement please review your claim to ensure that it is accurate and is being made in good faith as the law provides for substantial penalties for making false claims. Please note that you may potentially be liable for damages, including costs and attorney’s fees, if you materially misrepresent a copyright infringement claim. Thus, before making a claim you may wish to contact an attorney to determine your rights.

Such notice should be sent to [email protected] or PO BOX 626, CRAIG, CO, 81626.

Upon receiving a proper notification of claimed copyright infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

DMCA Counter Notification

If you believe that your own copyrighted work has been removed or disabled from our Service as a result of mistake or misidentification, you may submit a written counter notification to our designated agent pursuant to the DCMA at 17 U.S.C. § 512(g)(2) and (3). The counter notification must include the following information:

1. A description of the copyright work that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which the service provider can be found.
4. A statement that you will accept service of process from the person who provided the notice of alleged copyright infringement or the party’s agent.
5. Your physical or electronic signature.
6. Name, address and telephone number.

You may submit your counter notification to our designated agent by mail or email at the addresses set forth above. If you send a valid counter notification pursuant to § 512(g)(3), we will replace the removed material or cease disabling access to the material after ten (10) business days, but no later than fourteen (14) business days, following receipt of the counter notification unless our designated agent first receives notice from the party filing the original notice of alleged copyright infringement informing us that such party has filed a court action restraining you from engaging in infringing activity related to the material in the original notice.

Note: You may be liable for damages, include court costs and attorneys fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.

Customer Conduct and Features of the Service.

What obligations do I have under this Policy?

You are responsible for your own compliance with this Policy. You are also responsible for any use or misuse of the Service that violates this Policy by anyone else you permit to access the Service (such as a friend, family member, or guest). You are also solely responsible for any and all information that is accessed through the use of the Service. If minors will have access to the Service, we recommend the use of an Internet Content Filter and/or Parental Controls. High Rapid Networks is not responsible if the subscriber chooses not to filter Service content for a minor/child. High Rapid Networks is not responsible for content downloaded or uploaded to the Internet. It is also your responsibility to secure your computer and other equipment or programs not provided by High Rapid Networks that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion. In all cases, you are solely responsible for the security of any device you connect to the Service, including third party devices that provide or include any communications services, including any data stored or shared on that device. High Rapid Networks will not be liable for the loss of data.

How does High Rapid Networks address inappropriate content and transmissions?

High Rapid Networks may disconnect the Service, cancel any Service Agreement, and close the Account if an end user violates this Policy. In certain circumstances, High Rapid Networks may do this without prior notice. High Rapid Networks reserves the right to refuse to transmit or post, 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 this Policy, or otherwise harmful to its network or customers using the Service, regardless or whether this material or its dissemination is unlawful so long as it violates this Policy. Neither High Rapid Networks nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions) made on the Service. However, High Rapid Networks and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the subscriber agreement, and applicable law.

Network Management.

High Rapid Networks manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as High Rapid Networks works to promote the use and enjoyment of the Internet by all of its customers. As such, High Rapid Networks does not warranty that the Services or equipment provided by High Rapid Networks will perform at a particular speed of bandwidth or data throughput rate or will be uninterrupted. High Rapid Networks’ network management activities include (i) 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, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and (iv) using other tools and techniques in order to meet its goal of delivering the best possible Internet experience to all of its customers.

Consequences of Violation of the Policy.

High Rapid Networks does not routinely monitor the activity of individual accounts for violations of this Policy. However, when High Rapid Networks becomes aware of an alleged violation of the Policy, it may initiate an investigation. For violations of this Policy, we may suspend or terminate the subscriber’s Service, close subscriber’s account, and/or pursue other civil remedies. Although High Rapid Networks has no obligation to monitor the Service and/or the network, High Rapid Networks and its suppliers reserve the right at any time to monitor bandwidth, usage, 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 users. If High Rapid Networks believes this Policy has been violated, High Rapid Networks may take any responsive actions, as they deem appropriate, without prior notice. The failure of High Rapid Networks to enforce every violation of this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Service Disruption.

High Rapid Networks does not guarantee uninterrupted Internet Service. High Rapid Networks will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults, equipment malfunction or any natural disaster(s) (including acts of Nature). High Rapid Networks does not guarantee any loss of Service time, transmission errors, connectivity or quality of Service unless otherwise stated in the subscriber service agreement. In addition, High Rapid Networks’ Services are reliant on commercial power and its Service is not intended to be, and should not be used as your primary “lifetime” and/or emergency telecommunications service.