Terms of Service & Acceptable Use Policy

TERMS OF SERVICE

Effective Date: 01/01/2024

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. This Agreement with you (the “Customer”), consists of this document, and the Service order (collectively, the Agreement).

You acknowledge receipt of these documents, which describe our Fiber or Wireless Internet Service provided to you at the address or location specified on your monthly invoice, the terms and conditions of the service (the “Service”) and the wireless access device(s) and any other Equipment that we may provide to you, including any licensed software loaded on the Equipment (collectively, the “Equipment”). The Agreement defines our obligations to you, and your obligations in using the Service and the Equipment. This Agreement governs the entire relationship between Klick Networks, LLC. (“Klick Networks” or “Klick-Net”) and the Customer, both of whom agree as follows:

1. Acceptance

Customer has accepted and shall be bound by all the terms and conditions set forth in this Agreement.

– Provides Klick Networks with a written or electronic signature on a service order.

– Verbally orders service and accepts this Agreement if ordering from Klick Networks by phone

– Activates and or uses internet service through the Equipment

– Pays a Klick Networks invoice

– Utilizes the web portal for one-time or recurring credit card payment.

2. Fees

Checks returned for any reason will be subject to a returned check fee charged to your account. In the event of collection activities for non-payment, the Customer may be liable for a 20% collection fee in addition to the original amount owed.

Past-due invoices may be charged a late fee after the due date.

In the event Klick Networks must use legal means for the collection of past due amounts from the Customer, the Customer will be liable for all legal and filing fees charged to Klick Networks when any award is in favor of Klick Networks, LLC.

In the event of a disputed credit card charge (chargeback), the Customer will be responsible to pay the chargeback fee if the chargeback is granted in favor of Klick Networks.

In the event any loss of service is found to be the fault of the Customer or Customer-owned Equipment, including but not limited to wireless routers, computers, or other Equipment attached to the Klick-Net network, an hourly troubleshooting fee may be charged. The troubleshooting fee may be charged without any obligation of Klick Networks to repair, replace, or otherwise alter Customer-owned Equipment.

3. Term

The term of this Agreement is set forth on the service order and will be month-to-month unless otherwise indicated. The term begins with the date of the service order or the date upon which service activation occurs, whichever is later.

This Agreement shall automatically renew on a month-to-month basis until terminated by either Klick Networks or Customer upon thirty (30) days prior, written notice or an email to support@klicknetworks.com or a ticket submitted via the Customer portal at https://portal.klicknetworks.com.

4. Installation

Customer warrants that they are at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the service.

In the case of an apartment or condominium, Customer warrants that they have confirmed that the placement of an access device, including antenna, if needed, in a common area is not in violation of building owners or other restrictions.

Customer hereby authorizes Klick Networks or its contractor to install the Equipment necessary to receive the service and agrees to allow Klick Networks or its contractor access to the premises to install, maintain, or repair the Equipment.

Customer agrees that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges.

The Equipment supplied by Klick Networks under this Agreement is and shall remain the exclusive property of Klick Networks and must be returned to Klick Networks in good and working condition upon the termination, expiration, or disconnection of your Klick Networks service.

Customer must use reasonable care to avoid damage to the Equipment and agrees not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment.

Any Equipment that is not returned to Klick Networks in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement, then Klick Networks shall have the right to charge you up to $900 for the Equipment, and Customer agrees to pay such charge, and Customer hereby authorizes Klick Networks to charge such amount to your credit card or checking account. In the event Klick Networks does not have the Customer credit card or checking account information on file, the Customer agrees to immediately pay Klick Networks for the Equipment upon presentation of an invoice.

5. De-installation

In the event of cancellation, the Customer may opt to have a Klick Networks’ contractor or technician remove the Klick Networks-owned Equipment. The Customer may, at their option, remove and return the Klick Networks-owned Equipment, in proper working condition. The Equipment must be returned to the current billing address found on the most recent Customer invoice. In the event the Equipment is not returned within 15 days following service cancellation, Klick Networks may, at its sole discretion, remove and repossess the Equipment or charge the Customer for the replacement value of the Equipment as agreed to in the previous paragraph. Klick Networks may at any time repossess its Equipment from Customer premises, and Customer hereby consents to Klick Networks’ entry upon Customer’s premises for such purposes.

6. Jurisdiction

This entire Agreement shall be governed by the laws of the State of Washington, and the venue for any dispute shall be in a District Court for the Counties of service.

7. Payment

Upon activation of Service, Customer agrees to pay Klick Networks in full for all installation and activation fees if applicable and any Equipment purchase fees by pre-authorized charge to a valid credit card, debit card or ACH via the payments portal upon presentation of an invoice.

Customer agrees to pay for Service at the rate indicated in the service order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card or ACH eCheck bank payment;

All invoices shall be due upon receipt. Customer shall promptly notify Klick Networks of any changes to the credit or debit card or bank account used for payment. In addition to Klick Networks’ charges, the Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or Klick Networks and directly associated with Customer service or Equipment.

Klick Networks will resolve all disputed charges in its sole discretion. If Klick Networks determines that a billing error was made, it will credit Customer’s account in the amount of the error.

If Customer fails to pay an amount when due,

Klick Networks may charge Customer a late fee of 18% of the amount due, or such amount as is permitted by law. If Customer fails to pay by the due date, then Klick Networks may suspend service without notice.

If service has been terminated or suspended for non-payment, restarting service will require payment of all amounts due, in addition to a re-activation fee as stated on our pricing page.

If past due accounts are not resolved promptly, Klick Networks may, at any time, repossess its Equipment from Customer premises, and Customer hereby consents to Klick Networks’ entry upon Customer’s premises for such purposes. In addition, if Customer fails to pay any amounts when due under this Agreement, Klick Networks shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of collection or repossession, including any reasonable attorney’s fees.

8. Acceptable Use

You must use the service in accordance with all federal, state, and local laws, ordinances, and regulations.

Klick Networks strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service.

Klick Networks also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our service, which could also result in suspension or termination of your account.

9. User Conduct, Prohibited or Unlawful Use, Excessive Use

In order to maintain our network to meet the needs of the users of the service, Customer may not use the service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Klick Networks network or the service or any other party’s use or enjoyment of the service.

Specifically, you may not:

– Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the service, or to probe, scan or test the vulnerability of a system or network associated with the service or those of any other party.

– Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

– Forge or falsify any TCP-IP Packet header or any part of the header or address information in an e-mail or a newsgroup posting or otherwise conceal the sender’s or the recipient’s identity. Use the service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

Additionally, Customer may not, by use of the service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Klick Networks' judgment:

– Is threatening, abusive, libelous, or defamatory, indecent or obscene, fraudulent, invasive of another’s privacy.

– Victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.

– Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

– Damages Klick Networks network or service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers.

– Use the Service to send unsolicited mass e-mailings from any Klick Networks account or via another service which in any way implicates the use of this service or any Klick Networks e-mail address or that is relayed from any Klick Networks or third party’s mail servers without permission.

Klick Networks reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Klick Networks Network. The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.

Klick Networks reserves the right to limit the amount of data that you may upload and/or download each month (bandwidth) based on the type of service you have ordered, and the price associated therewith. If Klick Networks concludes, in its sole discretion, that Customer is exceeding what Klick Networks considers to be a reasonable use for such Service ordered, Klick Networks may change Customers service as provided for herein with notice or alternatively, suspend or terminate your service.

Participation in online communication accessed through the service is not edited, censored or otherwise controlled by Klick Networks. However, Klick Networks reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the service if Klick Networks determines such content or Customer practices are illegal, harmful, or otherwise in violation of this policy.

By posting or submitting content to any Klick Networks website, Customer grants Klick Networks the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose; and you also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Klick Networks will not infringe or violate the rights of any third party.

Customer acknowledges and agrees that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content and materials available on any Klick Networks website or through the Klick Networks Service. Except as expressly authorized, Customer agrees not to use the Service in any manner that would infringe, violate, dilute or is appropriate any such rights with respect to any material.

The Klick Networks name, logo, and design marks are trademarks of Klick Networks, and may be used only with the express written permission of Klick Networks.

Klick Networks takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.

KLICK NETWORKS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. KLICK NETWORKS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL KLICK NETWORKS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY KLICK NETWORKS WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY KLICK NETWORKS TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES NOT AMOUNT TO A WAIVER OF KLICK NETWORKS RIGHTS.

9. User Conduct, Prohibited or Unlawful Use, Excessive Use

Specifically, you may not:

· Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the service, or to probe, scan or test the vulnerability of a system or network associated with the service or those of any other party.

· Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

· Forge or falsify any TCP-IP Packet header or any part of the header or address information in an e-mail or a newsgroup posting or otherwise conceal the sender’s or the recipient’s identity. Use the service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

· Is threatening, abusive, libelous or defamatory, indecent or obscene, fraudulent, invasive of another’s privacy, or pornographic.

· Victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.

· Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

· Damages Klick Networks network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers.

· Use the Service to send unsolicited mass e-mailings from any Klick Networks account or via another service which in any way implicates the use of this service or any Klick Networks e-mail address or that is relayed from any Klick Networks or third party’s mail servers without permission.

Klick Networks reserves the right to limit the amount of data that you may upload and/or download each month (bandwidth) based on the type of service you have ordered, and the price associated therewith. If Klick Networks concludes, in its sole discretion, that Customer is exceeding what Klick Networks considers to be a reasonable use for such Service ordered, Klick Networks may change Customer’s service as provided for herein with notice or alternatively, suspend or terminate your service.

The Klick Networks name, logo, and design marks are trademarks of Klick Networks, and may be used only with the express written permission of Klick Networks.

Klick Networks takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.

Please send reports of any activity in violation of law or this Policy to support@klicknetworks.com. Klick Networks and its service providers will reasonably investigate incidents involving such violations. Klick Networks and its service providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected.

Customer shall be bound by Klick Networks Acceptable Use Policy as amended from time to time and posted on the www.klicknetworks.com website and customer portal (portal.klicknetworks.com), which is hereby incorporated by reference as part of this Agreement.

Customer is solely responsible for all content transmitted using the service or the Equipment and shall not use the service or the Equipment in any way that could be harmful, damaging, or cause interference to Klick Networks network or to others.

Specifically, Customer shall not use the service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages, to send or broadcast unsolicited commercial messages, to infringe copyrights, patents, or other intellectual property, to attempt to gain unauthorized or illegal entry to other’s computer systems or to transmit any virus, worm, or other malicious or potentially damaging code. Klick Networks reserves the unilateral right to suspend or terminate service to any account engaging in such activities.

In addition, Klick Networks Customers may not resell or lease Klick Networks service or Equipment to any other person or party, provide it to persons not a resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes.

10. Service Availability and Speed

Klick Networks fiber and wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of Klick Networks control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Internet access.

The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself.

Service may be temporarily unavailable during system repairs or modifications.

It is always Klick Networks intent to provide the access speeds indicated on the service order for a particular level of service, however, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet.

Klick Networks does not make any specific service level guarantees or provide remedies for disruption of service unless specified on a service order or expressly set forth in this Agreement, but may at its sole discretion, give credit for or refund payments for any periods when its service is unavailable to Customer through failure of Klick Networks network.

Your service may limit the amount of data that limits your upload and or download each month (bandwidth) or may be priced according to the amount of bandwidth you use per month. Please see the description of your service by referring to your service order. If during any month, you exceed a monthly bandwidth limit associated with your service, Klick Networks may change your service to one permitting such bandwidth use and you agree to the standard fees Klick Networks charges for such level of service. Klick Networks will provide you with thirty (30) days advance notice of any change to your service plan or rates.

11. Network Maintenance Hours

During the hours of 1:00 AM to 5:00 AM (local time) every day, Klick Networks may conduct maintenance, upgrades, firmware updates, and other necessary activities to ensure the smooth operation and security of its network infrastructure. During these hours, Klick Networks service may be interrupted without prior notice to the customer.

Klick Networks reserves the right to perform such maintenance activities during these hours without notifying the customer individually. These maintenance activities are essential for optimizing network performance and ensuring the quality of service provided to all customers.

Customers are encouraged to plan their usage and activities accordingly, taking into consideration the possibility of service interruptions during these maintenance hours. While Klick Networks endeavors to minimize disruption, occasional interruptions may occur as part of routine maintenance procedures.

12. Content

Customer acknowledges that Klick Networks offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services (Content) provided by Klick Networks or third parties over Klick Networks Service.

Customer also acknowledges that Klick Networks is not responsible for the actions of any third parties contacted by Customer over the service. Customer takes full responsibility for use of content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such content over the service without prior written consent from content owners or rights holders.

13. Privacy

Klick Networks will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing service. Klick Networks does not sell Customer information or share it with third parties, except Klick Networks contractors, when required for the performance of their services.

Klick Networks will only disclose Customer information to authorized officials or agencies as required by law.

Klick Networks may from time to time offer additional services to its Customers, but any Customer may contact Klick Networks to opt out of receiving such marketing offers.

14. Suspension or Termination of Service

Klick Networks may limit, suspend or terminate Customer’s service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement, or Klick Networks has reason to believe that Customer’s service is being used in a fraudulent manner or illegal purpose, or in any way that adversely affects Klick Networks Customers or service, or if Customer’s use of the service or Equipment exceeds limitations or violates any restrictions placed on Customer’s account or otherwise breaches this Agreement.

Klick Networks may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the service or to notify Klick Networks of attacks or the potential for attacks by viruses or sources of “spam” from within its network.

Klick Networks reserves the right to filter spam or prevent hacking, viruses or other potential harms without regard to any Customer preference.

Klick Networks may suspend or terminate service to any Customer, without prior notice, if in its sole discretion such action is required to protect its network. Klick Networks shall not be liable to Customer for exercising or failing to exercise its rights under this section to limit, suspend, or terminate service.

15. Limitation of Liability and Indemnification

Klick Networks makes no representations or warranties, statutory, express or implied, as to the suitability of its service for any particular purpose or as to the Equipment.

Customer assumes all responsibility for use of the service and acknowledges that interruptions of service may occur.

Klick Networks shall not be liable for any deficiency in the service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the service, or problems of unauthorized access, any suspension or termination of service by Klick Networks or any other action taken by Klick Networks to protect its network and the rights or property of Klick Networks, its Customers or licensors from potential harm, damage or personal injury allegedly caused by use of the Equipment or Service or any other damage due directly or indirectly from causes beyond Klick Networks control including, but not limited to, any act or omission of any carrier or service provider other than Klick Networks, acts of God, acts of public enemies, acts of the government, acts or failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of Klick Networks subcontractors.

Klick Networks sole liability for service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of service disruption or other credit specified in a service order. Such compensation aside, and to the extent permitted by applicable law, Klick Networks shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties.

This section shall survive termination of this Agreement. Klick Networks will not be liable for any damages, including property damages, roof damages such as water leaks or any other form of damage resulting from installation or use of the Equipment by Customer or any third party, including Klick Networks contractors.

If Equipment is lost or stolen, Customer agrees to promptly notify Klick Networks and to provide Klick Networks with any documentation or information that it requests and otherwise cooperate with Klick Networks in the investigation of such incident.

Customer shall be responsible for any loss or damage to any Equipment belonging Klick Networks on Customer’s premises. Customer shall indemnify, defend, and hold Klick Networks harmless from any violation by Customer of any applicable law or regulation.

Customer will further indemnify Klick Networks for any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information or content that Customer submits, posts, transmits or makes available through the service or Customer’s use of the service or Equipment, Customer’s actual or alleged violation of this Agreement, or Customer’s actual or alleged violation of any rights of a third party.

16. General
This Agreement and the documents to which it refers form the entire Agreement between Customer and Klick Networks. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this service Agreement on behalf of the Customer is authorized to do so.

This Agreement is not for the benefit of any third party. No failure or delay by Klick Networks in exercising any right or remedy shall operate as a waiver. Any waiver by Klick Networks of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.

17. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

18. Changes to this agreement
This agreement may be changed, and or updated at any time without prior notification. The most recent version of this agreement may always be found on the website of Klick Networks, LLC.

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ACCEPTABLE USE POLICY Klick Networks, LLC

Why is Klick Networks providing this Policy to me?

Klick Networks goal is to provide its customers with the best High Speed Fiber and Wireless Internet service possible. In order to help accomplish this, Klick Networks has adopted this Acceptable Use Policy (AUP). This Policy outlines acceptable use of the Klick Networks High Speed Internet service (the Service). This Policy is in addition to any restrictions contained in the Klick Networks Terms of Service.

What obligations do I have under this Policy?

All Klick Networks High Speed Internet customers and all others who use the Service (the customer, user, you, or your) must comply with this Policy. Your failure to comply with this Policy could result in the suspension or termination of your Service account. If you do not agree to comply with this Policy, you must immediately stop all use of the Service and notify Klick Networks so that it can close your account.

How will I know when Klick Networks changes this Policy and how do I report violations of it?

Klick Networks may revise this Policy from time to time by posting a new version on its website at www.klicknetworks.com. Klick Networks will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e- mail announcements or posting information on the Klick Networks website or social media channels. Revised versions of this Policy are effective immediately upon posting.

Accordingly, customers of Klick Networks High Speed Internet Service should read any Klick Networks announcements they receive and regularly visit the Klick Networks website and review this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy, report a child exploitation incident involving the Internet, and report violations using the Contact Us form at www.klicknetworks.com.

1. Prohibited Uses and Activities

What uses and activities does Klick Networks prohibit?

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Klick Networks Equipment, either individually or in combination with one another, to:

Conduct and information restrictions

· undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

· post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;

· upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

· transmit unsolicited bulk or commercial messages commonly known as spam;

· send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;

· initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;

· participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including spyware) designed to facilitate this activity;

· collect responses from unsolicited bulk messages;

· falsify, alter, or remove message headers;

· falsify references to Klick Networks or its network, by name or other identifier, in messages;

· impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, phishing);

· violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use;

Technical restrictions

· access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

· use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, Packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

· copy, distribute, or sublicense any proprietary software provided in connection with the Service by Klick Networks or any third party, except that you may make one copy of each software program for back-up purposes only;

· distribute programs that make unauthorized changes to software (cracks);

· use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (Premises LAN), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;

· use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;

· service, alter, modify, or tamper with the Klick Networks Equipment or Service or permit any other person to do the same who is not authorized by Klick Networks;

Network and usage restrictions

· restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;

· restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Klick Networks (or Klick Networks supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Klick Networks (or Klick Networks supplier) facilities used to deliver the Service;

· resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any (business enterprise unless expressly allowed as noted on your monthly invoice) or purpose (whether or not for profit);

· connect the Klick Networks Equipment to any computer outside of your Premises;

· interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to crash a host; and

· accessing and using the Service with anything other than a dynamic Internet Protocol (IP) address that adheres to the dynamic host configuration protocol (DHCP). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.

· connect any device, router, switch, or wireless access point to the Klick Networks CPE other than the one provided by Klick Networks or by obtaining express prior permission from Klick Networks.

1. Customer Conduct and Features of the Service

What obligations do I have under this Policy?

In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account.

Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

Klick Networks recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by Klick Networks and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.

It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by Klick Networks that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

How does Klick Networks address inappropriate content and transmissions?

Klick Networks reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to Klick Networks network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy.

Neither Klick Networks nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Klick Networks and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Terms of Service, and applicable law.

What requirements apply to electronic mail?

The Service may not be used to communicate or distribute e-mail or other forms of communications in violation of Section I of this Policy. As described below in Section III of this Policy, Klick Networks uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

Klick Networks is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. Klick Networks is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at Klick Networks sole discretion. In the event that Klick Networks believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an identifier) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Klick Networks (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier.

In addition, Klick Networks may at any time reserve any identifiers on the Service for Klick Networks own purposes. In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.

What requirements apply to instant, video, and audio messages?

Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Klick Networks assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

1. Network Management and Limitations on Data Consumption

Why does Klick Networks manage its network?

Klick Networks manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High speed bandwidth and network resources are not unlimited. Managing the network is essential as Klick Networks works to promote the use and enjoyment of the Internet by all of its customers.

How does Klick Networks manage its network?

Klick Networks uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Terms of Service. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and
(iv) using other tools and techniques that Klick Networks may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

Are there restrictions on data consumption that apply to the Service?

Klick Networks reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of typical use of the Service plan selected, as determined by Klick Networks in its sole discretion. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (FTP), (ii) peer-to-peer applications, and (iii) newsgroups. You must also ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Service, nor represent (as determined by Klick Networks in its sole discretion) an overly large burden on the network. In addition, you must ensure that your use of the Service does not limit or interfere with Klick Networks ability to deliver and monitor the Service or any part of its network. If you use the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Klick Networks may, in its sole discretion, suspend or terminate your Service account or request that you subscribe to a version of the Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Service at higher data consumption levels.
Klick Networks may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Service plans. Klick Networks determination of the data consumption for Service accounts is final.

Violation of this Acceptable Use Policy

What happens if you violate this Policy?

Klick Networks reserves the right immediately to suspend or terminate your Service account and terminate the Terms of Service if you violate the terms of this Policy or the Terms of Service.

How does Klick Networks enforce this Policy?

Klick Networks does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company’s efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service.

Klick Networks has no obligation to monitor the Service and/or the network. However Klick Networks and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and Klick Networks users.

Klick Networks prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Klick Networks also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Klick Networks intervention. However, if the Service is used in a way that Klick Networks or its suppliers, in their sole discretion, believe violates this Policy, Klick Networks or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice.
These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service (including but not limited to newsgroups).

Neither Klick Networks nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Klick Networks exclusive remedies and Klick Networks may take any other legal or technical actions it deems appropriate with or without notice.

Klick Networks reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Klick Networks servers and network. During an investigation, Klick Networks may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy.

You expressly authorize and consent to Klick Networks and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and
(ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your Service account, Klick Networks is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

The failure of Klick Networks or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

You agree to indemnify, defend and hold harmless Klick Networks and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your indemnification will survive any termination of the Terms of Service.

What is Klick Networks DMCA policy?

Klick Networks is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the DMCA) to report alleged infringements.

It is Klick Networks policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Klick Networks, in its sole discretion, believes is infringing these rights. Klick Networks may terminate the Service at any time with or without notice for any affected customer or user.

How do copyright owners report alleged infringements to Klick Networks?

Copyright owners may report alleged infringements of their works that are stored on the Service or the Personal Web Features by sending Klick Networks authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA.

Klick Networks requires a $250.00 service fee from copyright owners for servicing and handling of each complaint, payment must be sent with any notification of claimed infringement to the address listed below.

Upon Klick Networks receipt of a satisfactory notice, and service fee, of claimed infringement for these works, Klick Networks will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disable access to the work(s). Klick Networks will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Copyright owners may send Klick Networks a notification of claimed infringement to report alleged infringements of their works to:

DCMA Copyright Infringement
Klick Networks LLC
PO Box 909, Lyle WA 98635

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Klick Networks, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

What can customers do if they receive a notification of alleged infringement?

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Klick Networks.

Upon Klick Networks receipt of a counter notification that satisfies the requirements of DMCA, Klick Networks will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Klick Networks will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with Klick Networks designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.