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YHTI Acceptable Use Policy ("AUP")

    YHTI Acceptable Use Policy ("AUP")
    Our Acceptable Use Policy ("AUP") is intended to help protect our customers and the Internet community from unacceptable use of the Internet. This Policy describes activities that constitute unacceptable use of our Internet Services, and outlines actions that may be taken in the event of a violation, including termination of user accounts.

    Use of our Internet Service constitutes acceptance of this AUP. We reserve the right to modify and update our AUP at any time. The AUP requires all users to comply with all applicable federal, state and local laws and regulations, but is not limited to matters of law. The AUP also sets standards of acceptable behavior for those who use our Internet Service to participate in the Internet community. Although we reserve the right to do so when necessary or appropriate, we do not monitor customers' usage of our Internet Services to ensure compliance with law or this AUP. We will look into possible violations when information that is sufficient to warrant an investigation is brought to our attention. If you have complaints or concerns regarding possible AUP violations, please contact us.


    Unacceptable Uses of Internet Services
  • Customer may not establish a web page using a server located at Customerís home.
  • Customer will not use, or allow others to use, Customerís home computer as a web server, FTP server, file server or game server or to run any other server applications or to provide network or host services to others via YHTIís network.
  • Customer will not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including but not limited to, IP address translation or similar facilities intended to provide additional access.
  • Customer will not advertise that the Service is available for use by third parties or unauthorized users.
  • Customer will not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including but not limited to wireless technology.
  • YHTI members may not operate a MAIL or Web server without the express permission of YHTI, Inc.
  • Customer will not send unsolicited bulk e-mails or mass advertising, harvest e-mail addresses for the purpose of sending bulk e-mails or mass advertising, or otherwise engage in spamming.
  • Customer will not engage in excessive multiple posting to newsgroups. As a general rule, this entails posting the identical or nearly identical message to 10 or more groups within a two-week period. Users should become familiar with and comply with the guidelines or community standards governing the newsgroups in which they participate.
  • Customer will not engage in mailbombing or otherwise interfere with or disrupt other network users, network services or network equipment (e.g., by transmitting a virus).
  • Customer will not Use multiple dial-up connections at the same time with only one dial-up account.
  • Customer will not use network resources in excess of any prescribed amountss on bandwidth or disk utilization. For example, it is a violation of this AUP to stay logged on to our Internet Services when you are not actively using your account unless you have a dedicated account with us.
  • Customer will not obtain, or attempt to obtain, unauthorized access to, monitor, or use any data, systems, or networks without the express permission of the owner. Relay mail via another site's mail server without express permission of that site.
  • Customer will not cancel any postings or messages other than your own, except for postings in your name that have been forged.
  • Customer will not disclose your password for accessing our Internet Services to a third party, or otherwise facilitate unauthorized access.
  • Customer will not add, remove or modify identifying network header information ("spoofing") in an effort to deceive or mislead, or any attempt to impersonate any person by using forged headers or other identifying information. The use of anonymous remailers or nicknames does not constitute a violation of this provision.
  • Customer will not post, distribute or disseminate another's intellectual property or proprietary information, including trade secrets or copyright information, without express authorization of the rights holder. Pursuant to the Digital Millennium Copyright Act, accounts of users who repeatedly infringe the copyrights of others must be terminated.
  • Customer will not transmit, post, store or knowingly receive any material that is obscene or constitutes child pornography under applicable law.
  • Customer will not threaten bodily harm, destruction of property or otherwise engage in harassment. Transmit or post any defamatory information.
  • Customer are fully responsible for all use of our Internet Services via your account. If any user of your account is suspected of violating this AUP, we may, among other things, investigate the situation and, where appropriate, cooperate with law enforcement if a criminal violation is suspected.
  • YHTI, Inc. has the right to terminate any account for any reason, at any time.


    High-Speed Internet Services & Abusive Bandwidth Use
    Customer expressly acknowledges that YHTI Internet reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customerís equipment limitations, the maximum speeds may be available but only on a burst basis.

    Each YHTI "Primary Wireless" account includes 25GB download and 15GB upload per month. Each YHTI "Primary Wireless Plus" account includes 50GB download and 25GB upload per month*. Each YHTI "Wireless Enhanced " account includes 100GB download and 25GB upload per month*. YHTI defines this to be a reasonable expectation with respects to the bandwidth usage on any wireless high-speed Internet account. After the included wireless bandwidth is utilized, additional usage (download or upload) will be charged at a rate of $3 per GB. As an example, if "Primary Wireless" download usage for a month reached 30 GB, an overage fee of $15.00 would be assessed (30 GB Ė 25 GB is 5 GB excess x $3 = $15.00). YHTI reserves the right to adjust its definition of reasonable download or upload usage with respects to the wireless bandwidth.

    Each YHTI DSL account includes 100GB download and 25GB upload per month. YHTI defines this to be a reasonable expectation with respects to the bandwidth usage on any DSL high-speed Internet account. After the included DSL bandwidth is utilized, additional usage (download or upload) will be charged at a rate of $3 per GB. For example, if the total DSL download usage for a month reached 105 GB, an overage fee of $15.00 would be assessed (105 GB Ė 100 GB is 5 GB overage x $3 = $15.00). YHTI reserves the right to adjust its definition of reasonable download or upload usage with respects to the DSL bandwidth.

    As a member, you ensure that your activities do not improperly restrict, inhibit, or degrade any other userís use of the service or YHTI's ability to deliver and monitor the service and do not represent (in the sole judgment of YHTI Internet) an unusually large burden on the network itself. Users found to be (in the sole judgment of YHTI Internet) in violation of this policy may encounter additional service fees, bandwidth limitations or the account may be suspended or canceled. YHTI Internet will use reasonable efforts to notify a customer for excessive or abusive bandwidth use.


    Hotspot or Wifi Terms
    The complete Terms of Service & Acceptable Use Policy (the "Terms") govern your use of YHTI Internet Services' YHTI Wi-Fi service ("Service") and the YHTI Internet Services network ("Network"). If you connect to the YHTI Wi-Fi service via one of YHTI's roaming partners, your use of the Service will also be governed by any additional provider's Terms of Service and Acceptable Use Policy, which will be available on the first screen that you see when you access the Wi-Fi service. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.

    The Service is provided by YHTI Internet Services. The Service provides you with wireless access to the Internet via certain YHTI high-speed Internet access points ("Locations") and, depending on your Service plan, certain roaming partner locations.

    UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. YHTI MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, YHTI DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON YHTI's BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF YHTI.


    Point to Point YHTI Wireless High-Speed Internet Service
    Members must abide by and agree to the Wireless Agreement terms which identifies the standards for service and the members obligations in using YHTI's equipment at their property.


    Third Party Content Disclaimer/ Links to Third Party Sites
    Materials provided by Third Party Providers have not been independently authenticated in whole or in part by YHTI. YHTI does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by YHTI. This Service may be linked to other websites which are not under the control of and are not maintained by YHTI. YHTI is not responsible for the content of those sites. YHTI is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by YHTI of those sites.


    Limitation of YHTI Liability
    YHTI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL YHTI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF YHTI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, YHTI's SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO YHTI BY YOU FOR USE OF THE SERVICE.


    Indemnity
    You agree to indemnify and hold harmless YHTI and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of another; and (e) use of your account and any Sub-Account whether or not such usage is expressly authorized by you.


    Liability of Customer
    YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST YHTI FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YHTI (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE YHTI FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND MATERIALS.


    Local Laws; Export Control
    YHTI and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from YHTI, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.


    Email Procedures
    Members acknowledge and accept that YHTI will scan inbound and outbound mail in order to reduce spam and viruses to our members. In the process this may mean that legitimate email gets blocked.


    Account Delinquency
    In the case of account delinquency customer is responsible and liable for all costs of collection including reasonable Attorney fees and court costs.


    Procedural Matters
    Anyone who believes that there has been a violation of this AUP should contact us and provide the following information:

    the nature of the alleged violation, along with any supporting evidence;
    the date and time of the alleged violation, including the time zone; and the IP address used to commit the alleged violation.

    Where a violation of this AUP is found to have occurred, we retain full discretion to determine the response that is appropriate in the circumstances, including any one or more of the following actions: issue a warning to the user; remove any postings that violate this AUP; suspend newsgroup posting privileges; suspend the customer's account; terminate the customer's account; and bill the customer for administrative costs and/or reactivation charges.

    As set forth in our Privacy Policy, we generally do not disclose any customer-specific information to third parties without the consent of the customer, other than as necessary to provide or enhance the Internet Service. However, such disclosure may be necessary to investigate alleged violations of this AUP or to otherwise protect our rights or property. Disclosure to authorized governmental authorities may also be necessary and will be undertaken only as prescribed by applicable law. Disclosure of customer information may also be compelled by civil legal process.

    A members account will remain active until it has specifically been requested for cancellation. Verification of account information must be supplied before the request will be carried out. For security reasons YHTI does not cancel accounts through email. For your account to be canceled you must contact the sales office by phone and supply the password otherwise the account will remain ACTIVE. All canceled accounts are supplied a cancellation confirmation number.


    AUP Coverage
    The YHTI Acceptable Use Policy ("AUP") applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively "IP Services"). Customer is responsible for the actions of others who may be using the IP Service(s) under Customer's account. It is Customer's obligation to take whatever measures are necessary to protect access to Customer's account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, YHTI may, depending on the nature and severity of the violation, suspend or terminate service, as specified below. Customer may have access through the YHTI network(s) and Service(s) to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. YHTI is aware that some of its Customers are, themselves, providers of Internet based services, and that information reaching YHTI network(s) or facilities from those Customers may have originated from the YHTI Customer or from another third-party. YHTI reserves the right to take action against YHTI Customer and directly against such Customers' subscribers, even though the YHTI's corrective action may affect other non-offending subscribers of the YHTI Customer.



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