AirRunner Networks LLC
Acceptable Use Policy and Conditions of Service

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Application of this policy

This Agreement constitutes the entire and only agreement with respect to the subject matter and is applicable to Subscriber and all users of Subscriber's account. This Agreement supersedes all representations, agreements and other communications with respect to the subject matter except as expressly set forth in this document. This Agreement can be amended at the sole discretion of provider without notice to, or permission of subscriber. This agreement shall be deemed acceptable to both parties by subscriber's use of service. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the Agreement shall be construed in such a way as to eliminate the offending term while giving as much effect as possible to the intentions of the parties. Provider may authorize or allow its contractors and other third parties to provide services necessary or related to performance under this Agreement and may collect payment on their behalf. Notice under this Agreement may be made by any reasonable means, including email, postal service or publication over the Service. The current agreement may be viewed online at http://www.airrun.net/aup.html and the version located at that URL shall be considered the current and applicable version of this agreement.

The Service

The Service consists of the transmission of data communications via the network infrastructure owned by AirRunner Networks LLC. No State or Federal funding has been used in the construction of AirRunner Networks LLC. This statement of policy specifies the actions prohibited by AirRunner Networks LLC to users of our network. This statement of policy, also, outlines recourses and rights reserved by AirRunner Networks LLC under this policy.

Fees and Payment

Subscriber shall pay all taxes, monthly service fees, surcharges and other amounts for the Service at the rates in effect for the current billing period. AirRunner Networks LLC shall make available to Subscriber a statement for each billing cycle showing payments, credit purchases and other charges. Payment is due in full each month. If payment is not received by the due date shown on the statement, Subscriber may be charged a late fee and have their speed slowed down and may be subject to other fees and charges or termination of the account. Credit amounts shall not accrue interest. Subscriber shall pay the reasonable costs of any collection agency, attorney or court used by AirRunner Networks LLC to collect past due amounts or to enforce this Agreement. A reactivation fee of $25.00 will be required before Service is reactivated after termination. AirRunner Networks LLC may sell, assign or transfer Subscriber's account to a third party without notice to Subscriber. In the absence of notice, Subscriber must continue to make all required payments in accordance with Subscriber's billing statement.

ALL SERVICE CALLS WHICH REQUIRE ONSITE TECHNICIANS WILL BE INVOICED AT $68.00 PER CALL PLUS MATERIALS USED.

Endorsement

AirRunner Networks LLC does not endorse or in any way vouch for the accuracy or completeness of any content made available through the Service. AirRunner Networks LLC does not recommend that such content be relied on by Subscriber without appropriate verification.

Illegal use

The AirRunner Networks LLC network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability and termination. AirRunner Networks LLC will 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 of service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks and the use of Bit Torrent.
  • Forging of any TCP-IP packet header or any part of the header information in an email.

Sharing of Service

Subscriber may not resell the Service to a third party. Subscriber may not allow a third party to utilize his/her connection. Subscriber may not use an extender or radios to send the service to another building or house with a different electrical meter base. This is considered 'sharing the service' and is not allowed. Subscriber is responsible to protect his/her password. Subscriber's account is intended for the use of Subscriber and members of his/her IMMEDIATE HOUSEHOLD/BUSINESS ONLY.'.

Email

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Servers

Users are not permitted to establish servers on any AirRunner Networks LLC connection without prior, written consent from AirRunner Networks LLC. Types of servers specifically banned include, but are not limited to:

  • Sharing of files (ftp servers and peer-to-peer sharing software, such as Napster, KaZaA and Gnutella and Frostwire are examples)
  • Mail servers (SMTP or POP3/IMAP servers)
  • Web Servers
  • Game Servers, P2P Servers, Bit Torrent or Swarming Download type programs are prohibited.
    Servers technically means any device which functions on a hardware component utilizing hardware or software to obtain previously mentioned prohibited items listed above. Attempts to circumvent or justify that your actions are really different than what is described above will result in the termination of your connection with AirRunner Networks LLC. Bit Torrent use on the network is strictly forbbiden. Each user notified of using Bit Torrent will be given three opportunities to remove the software. After the third offense, your service will be terminated without notification.

Loading of the Network

If your connection is deemed detrimental to the performance of the overall network, AirRunner Networks LLC has the right to circumvent that connection so that the rest of the users may have the access that they are entitled to. Your service will be shut off without noticifation. Loading is often the result of an infected computer or the use of Bit Torrent or similar trade name. All paying users have the right to their connection, however any user cannot deny any other user access as the result of their usage.

Rights reserved by AirRunner Networks LLC under this policy

AirRunner Networks LLC reserves the right to monitor the connections of it's Subscribers for the purpose of enforcing this policy. AirRunner Networks LLC reserves the right to impose additional fees to cover the cost of such monitoring if, in the course of our investigation, Subscriber is found in violation of this policy. AirRunner Networks LLC reserves the right to terminate, at our sole discretion, the account of any Subscriber for any reason, including, but not limited to violation of this policy. In the event that a subscriber's account is terminated under this policy statement due to abuse, illegal activity or other violation of this policy, subscriber may be subject to termination fees. Defamatory, incorrect or inaccurate posting on social media in an attempt to harm AirRunner Networks LLC marketplace will result in termination of such subscribers service.


AirRunner Networks LLC is NOT responsible or liable for any of the following:
    AirRunner Networks LLC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including causes such as acts of a governmental body, acts of God, acts of third parties, fires, floods, or other inclement weather, strikes or other labor-related disputes, network or communication failures or failure of any communication link or facility, failures of software or hardware equipment, software or services. AirRunner Networks LLC is NOT responsible or liable for any of the following;any obstruction(s) that might be erected or grow between subscribers antenna and AirRunner Networks LLC antenna causing degradation or loss of service; debris or ice on antenna; re-aiming the antenna after roofing or other roof activities by the owner or other vendors; reconfiguration of network settings, moving patch cords on the radio power supply thus rendering your service inoperable, moving patch cords on the router to the wrong place thus rendering your service inoperable due to, but not limited to: tampering or re-installation of routers and connected devices.
    ALL SERVICE CALLS WHICH REQUIRE ONSITE TECHNICIANS WILL BE INVOICED AT $68.00 PER CALL PLUS MATERIALS USED [even if it's to move a patch cord].


Disclaimer of warranties


ACCESS TO THE SERVICE IS NOT GUARANTEED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" AND "BEST EFFORT" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. WE CANNOT GUARANTEE THAT ANY PRODUCT OR SERVICE WILL WORK ON OUR NETWORK EVEN IF THE MANUFACTURER SAYS SO. YOUR WORK PROVIDED EQUIPMENT AND SOFTWARE MAY NOT PERFORM AS YOU THINK IF YOUR RADIO AND OR ROUTER OR WIRING IN YOUR HOUSE ARE OUTDATED. WE ARE NOT RESPONSIBLE TO MAKE YOUR WORK PROVIDED EQUIPMENT PERFORM BETTER. ALL SERVICES CALLS FOR WORK RELATED EQUIPMENT WILL BE BILLED OUT AT OR CURRENT PUBLISHED RATE.

Limitation of liability

NEITHER PROVIDER NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUBSCRIBER'S USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR ANY BREACH OF ANY REPRESENTATION OR WARRANTY. IN ANY EVENT, NO SUCH LIABILITY SHALL EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR SERVICES PROVIDED UNDER THIS AGREEMENT FOR THE PRIOR TWO (2) MONTH PERIOD.

Subscriber liability

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A AirRunner Networks LLC SUBSCRIBER SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH SUBSCRIBER OR END USER

Indemnity

Subscriber assumes all risk and liability for any use of the Service. Subscriber agrees to indemnify AirRunner Networks LLC against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to the use of the Service.

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