ACCEPTABLE USE POLICY

LIGHTWAVE COMMUNICATIONS, LLC RESIDENTIAL ACCEPTABLE USE POLICY

THE GOAL OF LIGHTWAVE COMMUNICATIONS, LLC IS TO PROVIDE THE BEST POSSIBLE INTERNET EXPERIENCE TO ALL OF OUR CUSTOMERS. IN ORDER TO DO THAT LIGHTWAVE COMMUNICATIONS, LLC HAS ADOPTED THIS ACCEPTABLE USE POLICY.

PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. “ THE SERVICE PROVIDER”  HEREIN IS USED TO REFER TO LIGHTWAVE COMMUNICATIONS, LLC. THE WORD “CUSTOMER” IS USED HEREIN TO REFER TO ANY INDIVIDUAL WHO SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. THE SERVICE PROVIDER RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE THE CUSTOMER’S ACCOUNT OR TO UNDERTAKE NETWORK MANAGEMENT ACTIONS DESCRIBED HEREIN WITHOUT NOTICE, AT THE SERVICE PROVIDER’S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S ACCOUNT VIOLATE THIS ACCEPTABLE USE POLICY. THE SERVICE PROVIDER ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT THE SERVICE PROVIDER’S SOLE DISCRETION WITHOUT PRIOR NOTICE. BY USING THE SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE OTHERS USING THE SERVICE THROUGH CUSTOMER’S ACCOUNT TO ABIDE BY, THE TERMS OF THIS AUP.

1. USE

The Service is designed for personal and residential use only within a single household. Customer agrees that only Customer and co-residents living in the same household will use the Service.  The Service is being provided solely for residential use in Customer's household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves The Service Provider of any affirmative obligations it may have, and is in violation of this Policy and the The Service Provider’s Residential Internet Agreement. Customer is responsible for any misuse of the Service that occurs through Customer's account, whether by a member of Customer's household or an authorized or unauthorized third-party. Customer will not redistribute or resell the service or otherwise make the service available to anyone outside the premises. This includes wired and wireless networking technologies. The Service Provider reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice. Any violation of this Policy may lead to prosecution under state and/or federal law.

2. No Illegal activities

Customer will not use, or allow others to use, the Service to transmit, receive, store, post, or otherwise disseminate any defamatory, obscene, libelous, unlawful, or threatening data, information, or material, or to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials involving minors. Customer will not engage in unsolicited bulk or commercial email messages ("spam"). Customer will not infringe in any manner the copyright or proprietary rights of any rights holders and/or download or in any way distribute any copyrighted material without the express permission of the copyright holder.

3. No Hosting and/or servers on residential account.

Customer will not use dedicated, stand-alone equipment or servers from the Premises the provide content or services to anyone outside of the Premises. Customer will not use programs from the Premises that provide content or services to anyone outside of your premises. Customer will not use encryption technologies to mask the presence of servers or server software.

4. NO “HACKING"

Customer will not use, or allow others to use, the Service to access any entities computer, network, data, or software without the consent of the owner; bypass or attempt to breach any security measures of any computer, network, service, or account. This includes but is not limited to using another entities credentials to which you are not authorized, accessing data not intended for you, and any unauthorized port scanning. Customer will not obtain, distribute, or use any tools or devices designed or commonly used for compromising the security of computers, networks, or software. This includes but is not limited to password generators, decoders, packet sniffers, keystroke loggers, cracking tools, and Trojan Horse programs.

5. NO SYSTEM DISRUPTION

Customer will not perform any activity that disrupts the servers, services, or network of The Service Provider or any other entity, commonly referred to as a denial of service attacks.

6. SECURITY

Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. Customer is responsible for securing any wireless ("WiFi") networks connected to the Service. 

7. NO IMPERSONATION OR FORGERY

Customer will not impersonate any person or entity by name or other identifier in messages, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity, commonly referred to as "phishing".

8. EXCESSIVE UTILIZATION OF NETWORK RESOURCES.

Wireless networks ( just like all networks ) have capacity limits, and all customers can suffer from degraded or denied service when one user (or a small group of users) consumes a disproportionate amount of a wireless network’s resources. The Service Provider, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the The Service Provider’s network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service previously described in this AUP. The Service Provider reserves the right to engage in reasonable network management to protect the overall network, including analyzing traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, The Service Provider uses various network management techniques, such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive users until the congestion has diminished, at which point The Service Provider will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion. The Service Provider may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive users during periods of congestion. When feasible, upon observation of an excessive use pattern, The Service Provider will attempt to contact you by telephone (at the telephone number you gave to us) or otherwise alert you to your excessive use of bandwidth and to help you determine the cause. The Service Provider representatives also are available to explain this AUP and to help you avoid excessive use incidents. If you are unavailable or do not respond to The Service Provider’s attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring and repeatedly having negative effects on other subscribers of the Service, then The Service Provider reserves the right to immediately restrict, suspend or terminate your Service without further notice in order to protect the network and minimize congestion caused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the Service and not by the use of any particular application.

9.UNLIMITED USE PLANS. 

If you subscribe to a service plan that does not impose limits on the amount of data you may download or upload during a month (or other applicable service period), you should be aware that such “unlimited” plans are nevertheless subject to the provisions of this AUP. What this means is that all of the provisions described in this AUP, including those that describe how The Service Provider may perform reasonable network management such as reducing the data rate of bandwidth intensive users during periods of congestion, will apply to your use of the Service. The term “unlimited” means that we will not place a limit on how much data you upload or download during a month or other particular period. However, the term “unlimited” does not mean that we will not take steps to reduce your data rate during periods of congestion or take other actions described in this AUP when your usage is negatively impacting the Internet experience of other subscribers to our Service.

10. NO WAIVER

The failure by The Service Provider or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

11. Responsibility of Equipment

The customer's premise equipment, hereafter referred to as CPE (sometimes referred to as a modem) is provided by Lightwave for use by the customer for the purposes of enjoying the Service. The CPE remains the property of Lightwave Communications, LLC. Lightwave will replace the CPE in the event that it is defective in the normal use of the internet service. Improper use or handling of the CPE, or in the event that the CPE is lost or stolen additional charges for replacement including but not limited to equipment costs and labor costs will be the responsibility of the customer. Access to the configuration interfaces, including web based and command-line configuration is prohibited except when performed by a Lightwave agent or employee. Any other entity that accesses the configuration of the CPE may require that the CPE be re-provisioned by a Lightwave employee at the customer's expense.

12. Amendments

The Service Provider reserves the right to amend this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to The Service Provider’s homepage (www.Lightwavemo.com),or by email, and will be effective immediately upon posting or sending. 

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