This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with NexGen Wireless LLC. If you engage in any of the activities prohibited by this AUP document NexGen Wireless LLC may suspend or terminate your account. NexGen Wireless LLC's Acceptable Use Policy (the "Policy") for NexGen Wireless LLC Services is designed to help protect NexGen Wireless LLC, NexGen Wireless LLC's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by NexGen Wireless LLC. NexGen Wireless LLC reserves the right to modify the Policy at any time.
Prohibited Uses of NexGen Wireless LLC Systems and Services:
1. 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.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through NexGen Wireless LLC's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on NexGen Wireless LLC's servers, is prohibited. NexGen Wireless LLC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by NexGen Wireless LLC customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any NexGen Wireless LLC-hosted domain, or referencing any NexGen Wireless LLC account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any NexGen Wireless LLC customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the NexGen Wireless LLC network or on another provider's network.
10. Using NexGen Wireless LLC's Services to interfere with the use of the NexGen Wireless LLC network by other customers or authorized users.
11. Resale of NexGen Wireless LLC's Services or using NexGen Wireless LLC's services to provide internet services to other individuals without the express consent of NexGen Wireless LLC will result in immediate termination of services.
12. Use of internet services for media downloads via Dish TV or Direct-TV requires the purchase of the Silver or above internet package. This is required because of the abusive nature these companies utilize their customer's internet services.
Customer Responsibility for Customer's Users
Each NexGen Wireless LLC customer is responsible for the activities of its users and, by accepting service from NexGen Wireless LLC, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an NexGen Wireless LLC customer will be forwarded to the NexGen Wireless LLC customer's postmaster for action. If violations of the NexGen Wireless LLC Acceptable Use Policy occur, NexGen Wireless LLC reserves the right to terminate services with or take action to stop the offending customer from violating NexGen Wireless LLC's AUP as NexGen Wireless LLC deems appropriate, without notice.