AirRunner Networks LLC
Acceptable Use Policy and Conditions of Service
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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 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.
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.
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.
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.
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.
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.'.
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.
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
- Web Servers
- Game Servers, P2P Servers,
Bit Torrent or Swarming Download type programs are
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.
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.
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
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