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clearWave: Use Policy

Terms of Use for Internet Service

This Agreement governs your use of the clearWave Internet Service (“Service”). This Agreement is in addition to any other agreement between you and Verizon Wireless.

Acceptable Use Policy:

Use of the Service is expressly limited to the following Terms of Use as maintained and updated at www.myclearwave.net. You agree that you will not: (1) use the Service in an unlawful, fraudulent, inappropriate, or otherwise objectionable manner; (2) resell, distribute or otherwise make the Service available to anyone other than You or your authorized users; (3) use the Service to disseminate or transmit any unsolicited commercial e-mail messages (SPAM), chain letters, bots, spiders, crawlers or other repetitive information collection or distribution devices and you will use reasonable efforts to prevent others from doing the same; (4) use the Service to export, re-export, download or transmit any message or content in violation of any export law, regulation or restriction of the United States and its agencies or authorities; (5) create a false identity or otherwise attempt to mislead anyone, including but not limited to Verizon Wireless, as to the identity of the sender or the origin of any communication, information or other material transmitted via the Service; (6) take any action which may significantly diminish the Service or Verizon Wireless’ ability to provide the same to its customers including, but not limited to, using concurrent logins or making unattended use of the Service (line camping); (7) use the Service to attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; (8) store on or transmit through the Service, any information or material that (a) is illegal or otherwise inappropriate, including but not limited to, obscene or offensive text, graphics or images; (b) contains a virus, time bomb, Trojan horse or other like material; or (c) infringes or violates the copyright, trademark, trade secret, patent, publicity or any other proprietary or intellectual property right of Verizon Wireless or any third party; (9) in the event Verizon Wireless determines that your use of the Equipment and/or Services is detrimental to other customers’ use of the service, Verizon Wireless has the sole discretion to terminate your service. Service shall not be used for any purpose in violation of federal, state, or local laws.

Service:

Verizon Wireless does not guarantee that Service will work in all areas. Verizon Wireless is not responsible for any material lost because of performance issues with the Service or equipment malfunction. You are required to install any updates to the Service provided by Verizon Wireless.

Device Compatibility:

A compatible device is required in order to use the Service. You are responsible for the purchase and maintenance of any additional hardware and software required to use the Service. We do not guarantee Service compatibility with third party products.

Content Disclaimer:

You agree that Verizon Wireless is not responsible for any content on the Internet. Verizon Wireless has no control over such third party content and you access it at your own risk. Commercial Internet content filters are available to assist you in limiting access to objectionable content. Verizon Wireless makes no warranties regarding the effectiveness of such filters.

Information Collection:

Verizon Wireless reserves the right, but has no obligation, to monitor the Service under certain circumstances. We may collect, record, and release information about your use of the Service in order to comply with the law, protect the Verizon Wireless network and/or other users, or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure. You consent with the release of such information about you when we believe release is appropriate.

Account Use:

You are responsible for any use associated with your account, regardless of who is accessing it. If your service is fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such use. You are responsible for any charges from third party vendors made through your account. You may be asked by the vendor to supply personal information, including credit card or other payment information. You also will be responsible for paying any applicable taxes relating to Internet purchases.

Security and Privacy:

Verizon Wireless cannot guarantee the security of the wireless network and accepts no responsibility for any lack of security you experience while using the Service. You understand that information on a wireless network may be intercepted. During your use of the service, it is your responsibility to protect against external threats such as viruses, spam, Trojan horses, malicious scripts, hackers, spyware, or any other harmful material. You agree that your use of the Internet is at your own risk, and we shall not be liable for unauthorized access to any transmitted data.

Infringement of Intellectual Property Rights:

You are responsible for complying with U.S. Copyright laws and understand that you may be held liable for infringements of the intellectual property rights of others through your use of this Service. Verizon Wireless may terminate a subscriber’s account if it has good faith belief that infringement has occurred.

Applicable Law:

Your Agreement and Verizon Wireless’ provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided to us and (b) any applicable federal or state laws. In the event of any inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.

Indemnification:

You agree to defend, indemnify, and hold harmless Verizon Wireless and its affiliates, suppliers, and agents for any claims, damages, losses, or expenses (including attorneys’ fees) incurred in connection with all claims, suits, judgments and causes of action for damages arising from your breach of any provision of this Agreement.

Changes:

We may change these Terms at any time by posting them on the website. You should periodically check for updated Terms and Conditions at the applicable section of www.myclearwave.net.