This Acceptable Use Policy (“AUP”) governs high speed Internet service provided to you by Cloudburst9, LLC hereafter “Cloudburst9” “we” “us” or “Company” and includes the following terms and provisions as the same may be amended or modified from time to time as provided herein. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate service that Company otherwise possesses under your Agreement or applicable law.

1. Applicability. This AUP applies to you as a customer and to any other person, authorized or abusive, using your service (each such person, a “User”). For purposes of this AUP, your use includes, and you are responsible for, the use of all Users who access service through your account. It is your responsibility to take precautions to limit access to service to approved Users.

2. Compliance Required. Pursuant to your Agreement, all customers have agreed to and must comply with this AUP. Company reserves the right to terminate or suspend service immediately or to otherwise disconnect, remove, block, filter or restrict your use of service if Company determines, in its sole discretion, that such use is illegal or violates this AUP. Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If Company believes that you have used service for an unlawful or abusive purpose, Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to Company’s forwarding of any such communications and information to these authorities. In addition, Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Company also reserves the right to take action on abuse which is not specifically named in this AUP at the sole discretion of Company. Use of the Company’s systems and network constitutes understanding and agreement of this policy.

3. Prohibited Uses and Activities. This AUP identifies certain uses and activities that Company considers to be unlawful or abusive and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. Company, at its sole discretion, reserves the right to discontinue service for any unlawful use. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other illegal or abusive uses or activities, the following constitute violations of this AUP:

a. Unlawful Use: Using service in any manner that violates local, state or federal law, including without limitation using service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any local, state or federal law applicable to such transmission.

b. Copyright or Trademark Infringement: Using service to transmit any material (by e-mail, file sharing software, direct download, FTP sites or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the digitization and distribution of copyrighted video or music, and the unauthorized transmittal of copyrighted software.

c. Violation of the Digital Millennium Copyright Act (DMCA): Using service to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.

d. Harm to Minors: Using service to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.

e. Threats: Using service to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.

f. Harassment and Cyberbullying: Using service to transmit any material (by e-mail or otherwise) that unlawfully harasses another.

g. Fraudulent Activity: Using 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”, unregistered sales of securities, securities fraud and “chain letters.”

h. Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using service. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.

i. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited.

j. Intentional Network Disruptions and Abusive Activity: Using service for any activity that adversely affects the ability of other people or systems to use service or third party Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. The transmission of viruses, malware, or engaging in “mail bombing,” “chat flooding,” cybersquatting, and similar unlawful behavior is also prohibited. Attempting to circumvent user authentication or security of any host, network, or account on Company’s systems or the Internet at large (“cracking”). This includes scanning or probing ports without the consent of the owner of the machine being scanned.

k. Unauthorized Access: Using service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Company’s or a third party’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data.

l. Collection of Personal Data: Using service to collect, or attempt to collect, personal information about third parties without their knowledge or consent in violation of applicable state or federal law.

4. Network Management Practices. Service is available for individual customer use only and not for resale. Reselling service without Company’s written authorization will be considered a violation of your Agreement and will result in termination of service. Pricing is based on contemplated usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any service may ONLY be used for normal residential or business use. During certain peak usage times, Company may limit data transfer speeds in a non-discriminatory fashion, which may slow the rate of streaming video or download speeds. Company will not unreasonably discriminate in the transmission of lawful network traffic, and will provide a reasonable description of network performance characteristics on our website. Company will not block access to lawful content or websites, applications, services, or non-harmful devices. Company will keep accurate records of your service location(s), quantities, and usage under your Agreement. Company reserves the right to immediately disconnect or modify your service if Company determines, in its sole and absolute discretion, that your use of service is, or at any time was, inconsistent with normal residential or business usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of service, Company may offer you a revised Agreement including higher rates for usage of service that is deemed to be inconsistent with normal residential or business use. Company reserves the right to protect its network from harm, which may impact legitimate data flows. Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels. Specific management practices and service descriptions and disclosure of service pricing can be found on Cloudburst9 website. You can access Cloudburst9’s website at: http://www.cloudburst9.net/. Current specific management practices and service descriptions of Cloudburst9’s Network Service can be found at: http://www.cloudburst9.net/policies/. This AUP can be found at: http://www.cloudburst9.net/policies/. Disclosure of our service pricing can be found at: http://www.cloudburst9.net/packages/.

5. Content. You will be liable for any and all liability that may arise out of the content transmitted by you. You shall assure that your use of service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Company reserves the right to disconnect or suspend your service and remove your content from service if Company determines, in its sole and absolute discretion, that such use or content does not conform with any applicable law, the requirements set forth in this AUP or interferes with Company’s ability to provide service to you or others. Company’s action or inaction under this Section will not constitute any review, waiver or approval of your usage or content.

6. Service Monitoring. Company is under no obligation to monitor a customer’s usage, bandwidth, transmissions and/or content of service. However, Company may monitor the usage, bandwidth, transmissions and content of service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate service properly or to protect itself, its network and its customers and subscribers. Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to service.

7. Domain Name Service. Keeping registry information updated and accurate is the responsibility of the domain holder and not Company. Acceptable use of the domain name service does NOT include falsifying or omitting valid domain contact information, including the administrative, technical, zone, and billing contacts. Such usage will result in termination of service.

8. Web/FTP Sites. Acceptable use of Company’s web/FTP space does NOT include: Distribution of illegal pornographic or otherwise indecent or offending materials, distribution of restricted software or materials in violation of copyrights or distribution licenses, or any other illegal activity prohibited under Paragraph 3, above.

9. Theft of Service. You must notify Company immediately if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or abusive use of service. Failure to do so in a timely manner may result in the disconnection of your service, additional charges to you, and civil or criminal liability. Until such time as Company receives notice of the theft, fraudulent use or abusive use, you will be liable for all stolen, fraudulent or abusive use of service. Company reserves all of its rights at law and equity to proceed against anyone who uses service illegally or improperly.

10. Indemnification. By activating or using service, you agree to use service only for authorized, lawful purposes in accordance with this AUP and your Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Company shall not be liable to customers or third parties for any loss, costs, or damage to customer’s personal computer or the contents thereof caused by or resulting from Company’s performance of Remote PC Support Services for customer, and customer shall indemnify and hold Company harmless therefor.

11. Termination of Service. Company has the right to terminate access to or use of this service as provided in this AUP and your Agreement. Access to and use of service is subject to strict compliance with law and applicable agreements.

12. Modifications. Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by publication on our website, bill message or other commercially reasonable notice. Your use of service following such notice constitutes your agreement to the modified terms and conditions.

13. Survival. The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of service shall survive such discontinuance or disconnection.

14. Governing Law. This AUP and the relationship between you and Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law.

15. No Waiver of Rights. Company’s failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision.

16. Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP.

17. Applicability to Attached Sites. Sites directly attached to Company backbone are expected to adhere to Company acceptable use policies. The individual who signed the contract is responsible for educating site users on acceptable use policies. Violations of the AUP by directly attached sites will be referred to the account owner for resolution. The account owner will be held responsible for any violations of the AUP.

18. Important Customer Information. In addition to the terms and conditions set forth in this AUP, service is subject to your Agreement, which you should read carefully before activating or using service. For additional terms and conditions of service, refer to your Agreement, or speak with a customer service representative.

IMPORTANT: BY SIGNING THE SERVICE AGREEMENT AND/OR ACTIVATING OR USING SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE APPLICABLE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN THE SERVICE APPLICATION, SERVICE AGREEMENT AND ANY APPLICABLE SERVICE TARIFFS, THIS ACCEPTABLE USE POLICY, THE TERMS AND CONDITIONS OF SERVICE, AND YOUR SELECTED SERVICE PLAN OR SERVICE PACKAGE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, PLEASE NOTIFY US PRIOR TO INSTALLATION AND WE WILL CANCEL YOUR SERVICE.

Service is available for individual customer use only and not for resale. Reselling service without Company’s written authorization will be considered a violation of your Agreement and will result in termination of service.

Pricing is based on contemplated usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any service may ONLY be used for normal residential or business use. During certain peak usage times, Company may limit data transfer speeds in a non-discriminatory fashion, which may slow the rate of streaming video or download speeds. Company will not unreasonably discriminate in the transmission of lawful network traffic, and will provide a reasonable description of network performance characteristics on our website. Company will not block access to lawful content or websites, applications, services, or non-harmful devices.

Company will keep accurate records of your service location(s), quantities, and usage under your Agreement. Company reserves the right to immediately disconnect or modify your service if Company determines, in its sole and absolute discretion, which your use of service is, or at any time was, inconsistent with normal residential or business usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of service, Company may offer you a revised Agreement including higher rates for usage of service that is deemed to be inconsistent with normal residential or business use. Company reserves the right to protect its network from harm, which may impact legitimate data flows. Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts Company’s network or service levels.

Specific management practices and service descriptions and disclosure of service pricing can be found on Cloudburt9’s website. You can access Cloudburst9’s website at: http://www.cloudburst9.net/.

Current specific management practices and service descriptions of Cloudburst9’s Network Service can be found at: http://www.cloudburst9.net/policies/. The AUP can be found at: http://www.cloudburst9.net/policies/.

Disclosure of our service pricing can be found at: http://www.cloudburst9.net/packages/.

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.

Users are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Users during the registration process is used to manage each User’s account (such as for billing purposes).

We may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or in other special cases.

Each Cloudburst9 email account has a password that is the key to gain access to the account. The customer who registered the account is solely responsible for all access and actions taken with regard to the account. It is the account owner’s responsibility to safeguard the account password and to ensure that Cloudburst9’s Acceptable Use Policies are honored. Cloudburst9 will hold the account owner responsible for any violations of the AUP. If your password is lost, we will not be able to retrieve it. However, we can assign a new password.

CB9_PrivPolicy

Recommendations

In order to maintain your computers and home network for optimum performance, we recommend that you use the following products and procedures:

Operating System

Always maintain the most current updates.
Windows OS: Go to http://update.microsoft.com
Macintosh OS: Go to http://www.apple.com/softwareupdate

Firewall

Install and maintain an up-to-date version. There are free software programs available to download from the Internet or you may purchase it as a package with your antivirus. If you have Windows XP it is included in the operation system, but must be selected to be operational. This firewall may not protect your computer to the extent that other products can. The following products are recommended and are free.
Zone Alarm Firewall: Go to https://www.zonealarm.com/software/free-firewall/ and click “Download Latest Version”. After downloading to your desktop, click on the new icon on your desktop to install. After the program is installed and you have restarted your computer, you will need to “allow” your Internet connection, your email and virus protection program to transfer information in and out of your computer. A message window will popup for each item. “Allow” and “Remember” for known, trusted programs only. If you need to change something with your firewall you can open Zone Alarm at Start, Programs, Zone Labs.

Antivirus

Install and maintain an up-to-date version and virus signatures. Norton Antivirus and McAfee are purchased on a yearly basis. We recommend the following free software for home users.
AVG Antivirus Free: Go to https://www.avg.com/en-us/free-antivirus-download and click “Download Latest Version”. Install, open the program and update your machine to the latest signatures. Set the virus information to update daily and to scan your computer weekly. This program will also scan incoming and outgoing emails. Once in awhile, the email scanner updates get to “tight” and don’t allow you email to come to your computer. Then, in a day or so the next update will correct this. You can disable the email scanner part of the program temporarily in the Control Center by selecting “Email Scanner”, click on Properties in the lower right corner and then “Disable Plugin” on the General tab. To turn it back on, click on “Activate” next to the Properties button on the main Control Center page.

Spyware Control

You should also install software to detect spyware that reports your browsing habits back to web sites, sends you popup ads and other intrusive programs that will slow down your connection speed. We recommend Ad-Aware.
Ad-Aware Standard Edition: Go to http://www.filehippo.com/download_ad-aware and click “Download Latest Version”. Then click on the file on your machine to install it. Open the program and run a scan.
Spybot – Search & Destroy: Go to http://www.filehippo.com/download_spybot_search_destroy and click “Download Latest Version”.

Updates, New Versions and Definitions

Software programs all have new changes and corrections more often than a teenager’s wardrobe. These new changes can be called versions, updates, definitions or patches. They are nearly always free. Check monthly or even weekly for new versions to all programs. Be sure to check for updates for your operating system, your browser, antivirus, firewall, spy detection programs and even your word processor such as Office. These updates are important to the functioning of the program and often to the security and safety of your computer.

Filtering Web Sites

If you have children under the age of 18, we recommend that you use a filter to block unacceptable web sites. It may only take a misspelled word, when typing a web site to mistakenly go to an unacceptable site. Following are some programs that will allow you to control the content of the web pages that are viewed. All of them range in price from $39.95-49.95.
Net Nanny, CYBERsitter, Cyber Snoop, or CyberPatrol are available to purchase online or in stores.

Other useful free software

Acrobat Reader: https://filehippo.com/download_adobe-acrobat-reader-dc/
Quick Time: http://www.filehippo.com/download_quicktime_player
Windows Media Player: http://www.filehippo.com/download_windows_media_player
Real Player: https://filehippo.com/mac/download_realplayer_cloud_mac/
Flash Player: https://filehippo.com/download_adobe-flash-player/
OpenOffice.org: http://www.filehippo.com/download_openoffice

Other useful Tips

If you are having problems, the first thing to do is RESTART your computer, before calling Tech support. Also, restart your antenna power and your router, if you have one. Give your Cloudburst9 email address only to trusted people and on trusted web sites. If you need to give an email address on a web site that is questionable, create an account with Excite, Yahoo, or Hotmail and use it for those subscriptions. It can always be abandoned.

Use a surge protector on your computer and monitor. During a thunderstorm, shutdown and unplug your computer for best protection from lightning.

When on the Internet, and a popup box opens on top of your page, don’t click on it, even if it flashes and says you are a WINNER, particularly, if it says you have spyware and they can stop it! Just close the box by clicking on the X. Free downloads for “smiley” faces and screen savers may also be disguising malicious programs.

Be very selective about where you and the users in your home go on the Internet. Even opening some web pages can corrupt your machine, change your home page or download programs without your knowledge.

Consider using a non-Microsoft browser. Most viruses target Windows operating systems and spread through the Internet, either through email or a web site. By using a browser and email program that is not made by Microsoft, you reduce the chances of the virus being able to move to your machine. Mozilla Firefox (http://www.getfirefox.com) and Thunderbird (http://www.getthunderbird.com) are free downloads and are excellent alternatives to Internet Explorer/Outlook Express.

Cloudburst9 eBill provides a secure way to mange your Cloudburst9 account online. You are granted access to your account(s) subject to compliance with the following Cloudburst9 eBill Terms and Conditions:

Please read the following Terms and Conditions carefully before accessing your account(s). By signing up with Cloudburst9 eBill, you agree to be bound by and comply with the Terms and Conditions governing access to your account(s). If you do not agree to comply with these Terms and Conditions, you may not request access to your account via Cloudburst9 eBill.

• You understand that you must be a Cloudburst9 customer.
• You understand that once you register an account in Cloudburst9 eBill you will receive an e-mail reminder each month informing you that your Cloudburst9 billing statement is available online for instant viewing.
• You understand that once you register an account in Cloudburst9 eBill you will continue to receive a paper copy of your bill in the mail. To stop receiving paper copies of your bill you must enroll in Cloudburst9 eStatements. Depending on when you enroll in Cloudburst9 eStatements, you may receive both an online and a paper copy of your bill; after that you will only receive your bill online.
• You agree that the password you use to access an account through Cloudburst9 eBill will be kept confidential. If you forget your password, you may reset your password online. You understand that you have sole responsibility for the security of your password. You are solely responsible for notifying us of the loss or theft of a password. We will not be liable for any actions, claims, costs, damages, or expenses arising from a lost or stolen password.
• You understand that by registering an account in Cloudburst9 eBill, you enter into an agreement in which you will have online access to your account(s). You agree to access only your Cloudburst9 account(s).
• You agree that it is your responsibility to pay your Cloudburst9 bill every month. You understand that any late payment notices will be sent through the U.S. mail.
• If you dispute a charge on your bill please contact the following:
  • Residence & Business Customers: 1-800-627-2197
  • Monday through Friday, 8 am to 4:30 pm (Central Time)
• You also agree to waive any claim or action against us for use of Cloudburst9 eBill, except where we have acted with gross negligence or willful misconduct.
• You agree that we will not be liable for any delays or failures in performance or for any interruptions arising from any cause or circumstance beyond our reasonable control.
• You will not send any computer viruses or other messages that could damage our systems.

In addition to these Terms and Conditions, you agree to be bound by and comply with the requirements of the applicable Account Disclosure Statement, our tariffs, rules and regulations, and any applicable state and federal laws and regulations. In turn, we agree to be bound to these Terms and Conditions as well.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO Cloudburst9 eBill, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE ASSUME NO RESPONSIBILITY WITH RESPECT TO ANY USE OF Cloudburst9 eBill. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT. FURTHERMORE, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY ACTIONS, CLAIMS, DAMAGES, LIABILITIES, OR LOSSES ARISING FROM YOUR USE OF Cloudburst9 eBillTHAT IS NOT IN COMPLIANCE WITH THIS AGREEMENT.

You further agree that this Agreement shall not be assigned or transferred and that any attempt to assign or transfer this Agreement shall be null and void. This Agreement shall be construed under the laws of Iowa. We reserve the right to terminate access to any account(s) enrolled in Cloudburst9 eBill at any time. We also reserve the right to change any charges, fees, or terms described in the Cloudburst9 eBill Terms and Conditions.

A. Term. Cloudburst9 will provide a UPS to be connected to the Cloudburst9 Radio and a wireless router. The UPS will provide protection against storm damage, although absolute protection is not guaranteed. There is a one-time activation fee of $25 and a monthly recurring fee of $8.95. In the event of storm damage under this plan, customer is responsible for $50 and Cloudburst9 will cover the additional cost of replacing the radio and/or router. If customer wishes to purchase a router other than what is supplied by Cloudburst9, the plan will cover a maximum of $75. Customer agrees to maintain the protection plan service under this Agreement for an initial term of 24 months. In addition, this agreement shall automatically renew under month-to-month pricing stated above. The UPS should not be used for any devices other than the radio and router. No other equipment is covered for replacement under this plan.

B. Termination. The Customer may terminate this Agreement at the end of the said term by notifying the Company prior to the expiration of the initial term or renewal term. The Customer acknowledges that early termination of the initial term will result in a violation of the agreement, and account will be charged a prorated amount of $90, for use of the UPS device that was waived by entering the 24 month agreement. In all cases of termination, customer agrees to return the UPS device in good working condition. Failure to do so will result in a $90 charge to the account.

C. Limitation of Damages. Cloudburst9 shall not be liable for any incidental, indirect, special, consequential or punitive damages, including without limitation any lost profits, lost goodwill, or lost business, arising under or as a result of this Protection Plan, even if such party has been advised of the possibility of such damages. In no event shall Cloudburst9’s liability under this agreement exceed the total amount collected under this agreement.