Fixed Wireless Broadband Internet Serving Central Iowa



Benton/Linn Wireless, LLC d/b/a Verocity Wireless Acceptable Use Policy WIRELESS HIGH SPEED INTERNET SERVICE Benton/Linn Wireless, LLC d/b/a Verocity Wireless’s (the Company) Acceptable Use Policy (AUP) with respect to wireless high-speed Internet service (Service) includes the following terms and provisions. The terms and provisions of this AUP are without limitation of any rights to suspend or terminate Service that the Company otherwise possesses under the Service Agreement or applicable law. Applicability. This AUP applies to you as a customer and to any other person, authorized or unauthorized, using your Service (each such person, a User). For purposes of this AUP, your use includes, and you are responsible for, the use of all Users who access Service through your account. Compliance Required. Pursuant to the Service Agreement, all customers have agreed to and must comply with this AUP. The Company reserves the right to terminate or suspend Service immediately or to otherwise disconnect, remove, block, filter or restrict your use of Service if the Company determines, in its sole discretion, that such use violates this AUP. The Company will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. If the Company believes that you have used Service for an unlawful or unauthorized purpose, the Company may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to the Company's forwarding of any such communications and information to these authorities. In addition, the Company may provide information in response to law enforcement requests, lawful government requests, subpoenas, and court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to you or others. Prohibited Uses and Activities. This AUP identifies certain uses and activities that the Company considers to be unlawful or unauthorized, and therefore strictly prohibited. The examples listed herein are non-exclusive and are provided solely for guidance to customers. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact a customer service representative for assistance. In addition to any other unauthorized uses or activities, the following constitute violations of this AUP: Unlawful Use: Using Service in any manner that violates local, state or federal law, including without limitation using Service to transmit any material (by e-mail or otherwise) whose transmission is unlawful under any local, state or federal law applicable to such transmission. Harm to Minors: Using Service to harm, or attempt to harm, minors in any way. Threats: Using Service to transmit any material (by e-mail or otherwise) that threatens or encourages bodily harm or destruction of property. Harassment: Using Service to transmit any material (by e-mail or otherwise) that unlawfully or otherwise harasses another. Fraudulent Activity: Using Service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes", unregistered sales of securities, securities fraud and "chain letters." Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using Service. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using Service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited. Using deliberately misleading headers in e-mails sent to multiple parties is prohibited. Unauthorized Access: Using Service to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Company's or a third party's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in disruption of service or the corruption or loss of data. Copyright or Trademark Infringement: Using Service to transmit any material (by e-mail or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of the Company or any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Collection of Personal Data: Using Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Reselling the Services: Reselling Service without the Company's written authorization. Network Disruptions and Unfriendly Activity: Using Service for any activity that adversely affects the ability of other people or systems to use Service or third party Internet-based resources. This specifically but without limitation includes excessive consumption of network or system resources whether intentional or unintentional. This also includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. Usage Limitation. Service is available for individual customer use only and not for resale. Pricing is based on contemplated minutes of usage not exceeding commercially reasonable limitations. Unlimited plans and features offered as part of any Service may ONLY be used for normal residential or business use. The Company will keep accurate records of your Service location(s), quantities, and usage under this Agreement. The Company reserves the right to immediately disconnect or modify your Service if the Company determines, in its sole and absolute discretion, that your use of Service is, or at any time was, inconsistent with normal residential or business usage patterns or is otherwise in violation of this AUP. In the event your usage exceeds applicable usage limitations and as an alternative to disconnection of Service, the Company may offer you a revised Service Agreement including higher rates for usage of Service that is deemed to be inconsistent with normal residential or business use. The Company reserves the right to protect its network from harm, which may impact legitimate data flows. The Company reserves the right to limit throughput or amount of data transferred, and to deny or discontinue service, without notice, to anyone it believes is using an unlimited data plan or feature in any manner prohibited herein or whose usage adversely impacts the Company's network or service levels. Content. You will be liable for any and all liability that may arise out of the content transmitted by you. You shall assure that your use of Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. The Company reserves the right to disconnect or suspend your Service and remove your content from Service if the Company determines, in its sole and absolute discretion, that such use or content does not conform with the requirements set forth in this AUP or interferes with the Company's ability to provide Service to you or others. The Company's action or inaction under this Section will not constitute any review or approval of your usage or content. Theft of Service. You must notify the Company immediately if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you provide such notification, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as the Company receives notice of the theft, fraudulent use or unauthorized use, you will be liable for all stolen, fraudulent or unauthorized use of Service. The Company reserves all of its rights at law and equity to proceed against anyone who uses Service illegally or improperly. Indemnification. By activating or using Service, you agree to use Service only for authorized and lawful purposes and in accordance with this AUP and the Service Agreement. In addition to being subject to other remedies, liabilities and obligations under law or applicable agreements, you shall defend, indemnify, and hold the Company harmless from any claims, damages, losses, or expenses (including without limitation attorneys' fees and legal costs) incurred in connection with all claims, suits, judgments and causes of action for damages arising from the breach by you or your Users of any provision of this AUP. Service Monitoring. The Company is under no obligation to monitor a customer's usage, bandwidth, transmissions and/or content of Service. However, the Company may monitor the usage, bandwidth, transmissions and content of Service periodically to (i) comply with any necessary laws, regulations or other governmental requests or (ii) operate Service properly or to protect itself, its network and its customers and subscribers. The Company reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of this AUP or any other terms and provisions applicable to Service. Termination of Service. The Company has the right to terminate access to or use of Service as provided in this AUP and the Service Agreement. Access to and use of Service is subject to strict compliance with law and applicable agreements. Modifications. The Company may modify the terms and conditions of this AUP in a commercially reasonable manner from time to time and shall provide you notice of such changes by website publication, bill message or other commercially reasonable notice. Your use of Service following such notice constitutes your agreement to the modified terms and conditions. Survival. The provisions of this AUP that by their sense and context are intended to survive the discontinuance or disconnection of your use of Service shall survive such discontinuance or disconnection. Governing Law. This AUP and the relationship between you and the Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law. No Waiver of Rights. The Company's failure to exercise or enforce any right under or provision of this AUP shall not constitute a waiver of such right or provision. Severability. If any part or provision of this AUP is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this AUP. Important Customer Information. In addition to the terms and conditions set forth in this AUP, Service is subject to the Service Agreement, which you should read carefully before activating any Service. For additional terms and conditions of Service, refer to the Service Agreement, or speak with a customer service representative. Service Agreement WIRELESS HIGH SPEED INTERNET SERVICE Terms and Conditions of Service. Your use of Benton/Linn Wireless, LLC d/b/a Verocity Wireless (the Company) wireless high-speed Internet service (Service) is governed by this Agreement and the Acceptable Use Policy applicable to Service. By signing below, you affirmatively request your selected Service Option and agree to comply with all of the terms, conditions and provisions contained in this Agreement and in the Acceptable Use Policy. In the event of default, you agree to pay the Company its reasonable damages, costs and expenses, including attorneys' fees and collection agency fees, incurred in enforcing its rights under this Agreement. Service Term. This Agreement is for the Service Option selected by you and remains in effect for the Service Term applicable to your selected Service Option (see service plan options). Taxes, surcharges and regulatory fees are in addition to standard monthly service fees. You must provide 30 days notice prior to cancellation of Service. You may upgrade or downgrade your Service Option, subject to payment of applicable installation charges. For more details, contact a customer service representative. Monthly Charges. All charges will be billed monthly. Payment is due upon your receipt of the monthly invoice. A customer account is in default if payment is not received by the due date stated on the invoice. If payment by check is returned unpaid, the customer account is immediately in default and subject to a returned check charge of the lesser of $50 or the maximum amount permitted by law. Accounts unpaid 10 days after the due date may have Service disconnected. An additional installation charge may be required to restore Service. For more details, refer to your monthly bill or contact a customer service representative. NO WARRANTY OF SERVICE. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER THE COMPANY NOR ITS EMPLOYEES OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD. STATEMENTS AND DESCRIPTIONS CONCERNING SERVICE, IF ANY, BY THE COMPANY'S EMPLOYEES, AGENTS OR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AND MAY NOT BE RELIED UPON AS A WARRANTY OF ANY KIND. Use of Service. By activating and using Service, you agree to use Service only for authorized and lawful purposes and in accordance with this Agreement and the Acceptable Use Policy. Any unauthorized or unacceptable use of Service may result in disconnection of Service. In addition, the Company has the right to terminate or suspend all or any Service as otherwise set forth in this Agreement and the Acceptable Use Policy. Scope of Service. Service is the Company's furnishing of facilities for your use in establishing and maintaining a high-speed connection between your personal or laptop computer and the Internet. Changes to location, quantity, type or grade of Service may be made at your request or by the Company if necessary to protect the security or technical integrity of the Company's network or the network of any underlying service provider. Service may be suspended from time to time for routine maintenance or rearrangement of facilities. The Company makes no attempt to verify accurate receipt of any messages and is not responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, viruses, e-mail filtering, service interruptions, etc. The Company may provide one or more toll-free numbers or local access telephone numbers and is not liable for any long distance charges you may incur. Service may be used only by you, members of your household, guests and employees. Service may not be extended beyond your premises. Service Accounts. Service accounts are assigned to customers only, and the customer signing this Agreement shall be treated as the account owner for all purposes. You are responsible for keeping all billing data with the Company up-to-date and accurate. Furnishing false data to the Company is grounds for immediate disconnection of Service and may subject you to civil or criminal liability. Customer Equipment. Service requires certain minimum system requirements for your personal or laptop computer and operating system. You are solely responsible for providing a computer, operating system and all ancillary equipment necessary to access Service. The Company makes no representations, warranties or assurances regarding the capability or suitability of any hardware, software or other equipment independently purchased or otherwise owned by you. The Company makes no representations, warranties or assurances that hardware, software or other equipment independently purchased or otherwise owned by you will be compatible with Service or will not be damaged. The Company shall not be liable for any loss or damage to customer equipment not caused solely by the gross negligence or willful misconduct of the Company. Leased Equipment. If approved by the Company and subject to availability, you may lease certain equipment from the Company under the terms and conditions of this Agreement and/or a separate equipment rental agreement. You agree to pay all equipment rental and installation charges in accordance with applicable invoices. In the event Service is discontinued, disconnected or otherwise terminated by you or the Company, you agree to return all leased equipment in good working order. If any leased equipment is not returned in good working order, the Company may bill you for all or a portion of the cost to repair or replace the damaged equipment. If any leased equipment is not returned within 30 days of the date Service is terminated, you will be responsible for the full replacement cost of the unreturned equipment. Installation and Maintenance. You agree to indemnify and hold the Company and its employees and agents harmless from all claims, demands and causes of action of every nature or kind, caused by, arising from or developing out of or as a result of any act or failure to act by the Company in connection with the installation, connection, maintenance, operation, failure and removal of any hardware, software, equipment or other technology provided by the Company, except those claims, demands and causes of action caused solely by the gross negligence or willful misconduct of the Company. You expressly assume all risks associated with installation, connection, maintenance, operation, failure and removal of such items, and the Company shall not be responsible or liable for any damage to, or loss or destruction of, your computer or any other hardware, software or equipment. Information and Security. Access to and use of any information or data obtained by you via use of Service is at your own risk, and the Company is not responsible for the accuracy, reliability or security of such information. The Company is not responsible for providing any type of anti-virus, firewall or filtering software. Set-up, maintenance and use of such programs is solely your responsibility. The Company makes no representations, warranties or assurances regarding the security of any system or network or the protection or privacy of e-mail or other information transferred or communicated through the Internet or any other system or network. The Company shall not be liable for any breach of security. You agree to indemnify and hold the Company and its employees and agents harmless from any and all claims, demands and causes of action of every nature or kind, caused by, arising from or developing out of or as a result of your use of the Internet. Limitation of Liability. The Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power; any act or omission by you or any person using the Service; or any other cause that is beyond the Company's control, including, without limitation, a failure of or defect in any hardware, software or equipment, the failure of incoming or outgoing communications, or the inability of communications to be connected, forwarded or completed. In any event, the Company's aggregate liability under this Agreement shall not exceed the Service charges with respect to the affected Service for the applicable time period. DISCLAIMER OF LIABILITY FOR DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE SERVICE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, OR LOSS OF REVENUE OR PROFITS. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT THE COMPANY WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. Disconnection or Discontinuance of Service. The Company reserves the right to suspend or discontinue Service generally, or to disconnect your Service, at any time in its sole and absolute discretion. If the Company discontinues Service generally, or disconnects your Service without cause, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement or breach of the Acceptable Use Policy, you will be responsible for all unbilled charges, including, without limitation, the full amount of the final month’s charges, all of which will immediately become due and payable. The Company will pursue collection for unpaid amounts on disconnected accounts and may report failure to pay to credit bureaus. Modifications. The Company may modify the terms and conditions of this Agreement and/or the Acceptable Use Policy in a commercially reasonable manner from time to time and shall provide you notice of such changes by website publication, bill message or other commercially reasonable notice. Your use of Service following such notice constitutes your agreement to the modified terms and conditions. Survival. The provisions of this Agreement that by their sense and context are intended to survive the discontinuance or disconnection of your Service shall survive such discontinuance or disconnection. No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. Governing Law. This Agreement and the relationship between you and the Company shall be governed by and construed in accordance with the substantive laws of the State of Iowa, without regard to the principles of conflict of law. No Waiver of Rights. The Company's failure to exercise or enforce any right under or provision of this Agreement shall not constitute a waiver of such right or provision. Entire Agreement. This Agreement (including any future modifications made in accordance with this Agreement) and the Acceptable Use Policy constitute the entire agreement between you and the Company and govern the use of Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and the Company and any and all prior or contemporaneous statements, understandings, writings, commitments or representations concerning its subject matter. Severability. If any part or provision of this Agreement is legally declared invalid or unenforceable, that part or provision will be construed consistent with applicable law as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this Agreement. Important Customer Information. In addition to the terms and conditions set forth in this Agreement, Service is subject to the Acceptable Use Policy, which you should read carefully before activating any Service. For additional terms and conditions of Service, refer to the Acceptable Use Policy, or speak with a customer service representative. READ CAREFULLY: By signing THE SERVICE AGREEMENT AND/OR USING SERVICE, you acknowledge that you have carefully reviewed and are fully familiar with this Acceptable Use Policy, and you agree to comply with all of the terms, conditions and provisions contained herein.