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  Acceptable Use Policy
Last Updated: January 6, 2017

INTRODUCTION

CONSENT TO MONITORING

AUTHORIZED USE OF THIS SERVICE

MAXIMUM DATA TRANSFER ALLOWANCES

INDEMNIFICATION

CONSEQUENCES OF UNAUTHORIZED USE

YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY

DISCLAIMER OF WARRANTY

LIMITATION OF NOVA WIRELESS LIABILITY

MISCELLANEOUS

UPDATES

ACCEPTABLE USE POLICY AGREEMENT

INTRODUCTION:  This Acceptable Use Policy (the "Policy") defines acceptable use of the NOVA Wireless high speed Internet service (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account ("Users") are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. NOVA Wireless and all of its affiliates (including direct and indirect subsidiaries and parents). "NOVA Wireless" includes, without limitation, NOVA Wireless' constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. This Policy is designed to assist in protecting the NOVA Wireless Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the NOVA Wireless Network must also conform to the applicable acceptable use policies of such other ISPs.

CONSENT TO MONITORING:  In cooperation with the Communications Assistance for Law Enforcement Act (CALEA) and the Digital Millennium Copyright Act (DMCA), NOVA Wireless reserves the right to, and you acknowledge and consent that NOVA Wireless may (but is not required to), monitor your communications and activities via this Service (including their content) during transmission and in connection with use of the Service for purposes for ensuring your compliance with this agreement, applicable law, cooperating with legal authorities, and otherwise protecting NOVA Wirelessí rights, property and interest.

AUTHORIZED USE OF THIS SERVICE:  You agree that you are fully responsible for your activities while using NOVA Wirelessí service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any prohibited conduct. Broadly stated, prohibited conduct is any conduct that is unlawful, infringing, tortuous or that is harmful (or puts at risk) to NOVA Wireless or any other party or property; that violates another party's intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration and not limitation, prohibited conduct includes using this Service to:
  • (I) intercept, divert or otherwise interfere with any communication;


  • (II) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication;


  • (III) sell or otherwise transfer this Service to any user not located within the same household or office (including tenants or lessees regardless if they are in the same household or in another building)


  • (IV) host a server which attracts excessive traffic at your location;


  • (V) continuously download or upload streaming video or audio;


  • (VI) impose an unreasonable or disproportionately large load on any systems or infrastructure;


  • (VII) send "spam", chain letters, or other unsolicited communications to any party;


  • (VIII) create a "mail drop" for such communications, or engage or permit E-mail relay services (e.g., "open mail relay");


  • (IX) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication;


  • (X) commit fraud;


  • (XI) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence;


  • (XII) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information;


  • (XIII) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;


  • (XIV) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;


  • (XV) send or receive material containing defamatory, false, or libelous material;


  • (XVI) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;


  • (XVII) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships;


  • (XVIII) engage in conduct that would expose NOVA Wireless or its service providers to civil or criminal liability;


  • (XIX) assist others in engaging in prohibited conduct;
This list is not intended to be exhaustive.

In the event that you violate the terms of this provision NOVA Wireless may, without limitation, restrict your access to this Service, move you to a different class of Service, or immediately suspend or terminate your Service. In the event of termination of your Service, all pro-rated Service charges will be due immediately.

MAXIMUM DATA TRANSFER ALLOWANCES:  Streaming an occasional movie or TV show using our Internet service is fine, but using it as a replacement for satellite or over-the-air delivered TV is not an acceptable use of our Internet service. Streaming and downloading video uses a disproportionately large amount of bandwidth compared to most other Internet traffic and we can't let a few users degrade service to the majority of our subscribers. Here are the Maximum Data Transfer Allowances for all shared bandwidth subscribers:

Customers who subscribe to our 3 Mbps Internet service are allowed to transfer (download + upload combined) up to 3 GB per "day".

Customers who subscribe to our 6 Mbps Internet service are allowed to transfer (download + upload combined) up to 5 GB per "day".

Customers who subscribe to our 12 Mbps Internet service are allowed to transfer (download + upload combined) up to 8 GB per "day".

Customers who subscribe to our 20 Mbps Internet service are allowed to transfer (download + upload combined) up to 10 GB per "day".

Customers who subscribe to our 25 Mbps Internet service are allowed to transfer (download + upload combined) up to 15 GB per "day".


A "day" is from 3:00 AM to 3:00 AM Eastern Standard Time (EST) or 4:00 AM to 4:00 AM Eastern Daylight Savings Time (EDT).


To put 3 GB of data usage in perspective, a customer would have to do any one of the following:
  • Send 3 million E-mails (at 3 KB per E-mail)
  • Download 750 MP3 songs (at 4 MB per song)
  • Upload 1000 hi-resolution digital photos (at 3 MB per photo)
  • Stream/download 1 standard-definition 2-hour movie (at 2 GB per movie)
Subscribers who exceed their Maximum Data Transfer Allowance are NOT charged overage fees like with cellular broadband or satellite Internet, but will experience temporary reduced Internet speeds without notification for at least 24 hours. If a continuous download or upload is occurring or has occurred on the subscriber's account this can lengthen the amount of time the account is slowed down on a pro-rated basis. During this restricted period, subscribers should still be able to browse the Internet and send/receive E-mails, but speeds will be significantly slower than their normal rate. All Subscribers are required to use a NOVA Wireless managed Netgear modem/wireless router with built-in Traffic Meter that gives the Customer the ability to monitor how much data their household or office is using on a daily, weekly and monthly basis.

Subscribers who exceed their Maximum Data Transfer Allowance more than 15 times in a rolling 90 day period will be moved to a different class of Service that has the same amount of Maximum Data Transfer Allowance and monthly cost as their original plan but with lower Internet speeds for at least 6 months. NOVA Wireless may, without limitation, restrict access to this Service, move you to a different class of Service, immediately suspend or terminate Service to Subscribers who keep exceeding their Maximum Data Transfer Allowance even after they have been moved to a different class of Service. In the event of termination of your Service, all pro-rated Service charges will be due immediately.

If you feel that you cannot curb your data usage to the thresholds listed above, we do offer dedicated Internet plans to those who require unlimited data usage.


INDEMNIFICATION:  You agree to indemnify, defend, and hold harmless NOVA Wireless, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Policy or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. NOVA Wireless reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with NOVA Wireless in asserting any available defenses.

CONSEQUENCES OF UNAUTHORIZED USE:  Without limiting any other available right or remedy, NOVA Wireless reserves the right to, and you agree that NOVA Wireless shall have the right, to: (I) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Policy or abuse of this Service and to otherwise protect its interests (e.g., removing offending material, temporary or permanent filtering, restricting or blocking access, move you to a different class of Service, or suspending or terminating your Service), and (II) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to NOVA Wireless for any damages incurred or amounts that are required to be paid by NOVA Wireless that arise out of or are related to your violation of this Policy, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.
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YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY:  Although privacy and security are important to NOVA Wireless, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that NOVA Wireless makes no assurance that your communications or activities will be or will remain private or secure, and agree that NOVA Wireless assumes no responsibility in that regard. You agree that you, and not NOVA Wireless, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You shall be responsible for providing adequate anti-virus and anti-spyware to ensure a secure and properly functioning network connection.

DISCLAIMER OF WARRANTY:  You acknowledge and agree that this Service is provided, "as is", "with all faults", and "as available". You further acknowledge and agree that NOVA Wireless disclaims all warranties and representations of any kind, whether express, implied or statutory, including without limitations any warranties: (i) of merchantability, fitness for a particular purpose, non-infringement, workmanlike effort, quality, accuracy, timeliness, completeness, title, quiet enjoyment, no encumbrances, no liens, or system integration; or (ii) that access to or use of this service or any part thereof will be uninterrupted, error or defect free, free of viruses or other harmful code, or secure, or that problems will be corrected, even if NOVA Wireless is on notice of such problems. You agree that there are no warranties that extend beyond the face of this policy; no advice or information given by NOVA Wireless or its employees shall create any warranty.The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. NOVA Wireless may, but needs not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.

LIMITATION OF NOVA WIRELESS LIABILITY:  (a) You acknowledge and agree that this Service does not impose liability of any kind or in any amount on NOVA Wireless, including without limitation, liability for any direct, indirect, special, consequential, incidental, punitive or exemplary damages (including without limitation, lost profits, loss of business, business interruption, loss of data, or other similar damages) arising out of or related to this agreement or this Service; even if NOVA Wireless is advised of the possibility of such damages. (b) You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from: (i) breach of contract, breach of warranty, negligence or other torts, or (ii) any other cause of action, however stated.

MISCELLANEOUS:  You agree that: this Policy and your use of this Service shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws principles, and NOVA Wireless shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the Commonwealth of Virginia in Fauquier County, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Policy is solely between you and the owner/operator of this service. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Policy or this Service shall be solely against the owner/operator that is providing this Service to you by NOVA Wireless, and not any other party. Further, you agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Policy is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision and the remainder of this Policy will continue to have legal effect. You agree that this Policy constitutes the entire agreement between you and NOVA Wireless regarding it's subject matter, and it supersedes any prior or contemporaneous agreements between you and NOVA Wireless regarding it's subject matter. You agree that any notices given by you to NOVA Wireless must be given by registered postal mail to NOVA Wireless at: P.O. Box 3424, Warrenton, VA 20188-8024.

UPDATES:  NOVA Wireless may update this Policy from time to time without notice by posting a new version of this document on the NOVA Wirless web site at http://www.novawireless.net (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting. Accordingly, subscribers and users of the NOVA Wireless high speed Internet Service should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern.

ACCEPTABLE USE POLICY AGREEMENT:  By subscribing to or using the NOVA Wireless high speed Internet Service, you agree to this Acceptable Use Policy.



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