Important Note: Radioburst Broadband Networks may revise this Acceptable Use Policy (the "Policy") from time to time without notice by posting a new version of this document on the Radioburst Broadband Networks Web site (www.radioburst.com) or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of the Radioburst Broadband Networks High-Speed Internet Service should regularly visit our web site and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern.

It is Radioburst Broadband Networks's intent to provide our customers with the best Wireless Internet service possible. In order to accomplish this task, we have adopted this Acceptable Use Policy (the "AUP" or "Policy"). This Policy outlines acceptable use of the Radioburst Broadband Networks High-Speed Internet service (the "Service"), as well as permissible and prohibited conduct for using the Service to access the Internet. This Policy, including its customer use restrictions, is in addition to the restrictions contained in the Radioburst Broadband Networks High-Speed Internet Access Agreement (the "Subscriber Agreement"). All capitalized terms used in this AUP that are not defined here have the meanings given to them in the Subscriber Agreement.

It is the responsibility of all Radioburst Broadband Networks High-Speed Internet customers and all others who have access to Radioburst Broadband Networks's network ("customer," "you," or "your"), to comply with this AUP and all Radioburst Broadband Networks policies. As a Service customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other Radioburst Broadband Networks policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Service and notify Radioburst Broadband Networks so that your account may be closed.

Note: Radioburst Broadband Networks reserves the right to immediately terminate the Service and the Subscriber Agreement if you engage in any of the prohibited activities listed in this AUP or if you use the Radioburst Broadband Networks Equipment or Service in a way which is contrary to any Radioburst Broadband Networks policies or any of Radioburst Broadband Networks's suppliers' policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.

Prohibited Uses and Activities
Prohibited uses include, but are not limited to, using the Service, Customer Equipment, or the Radioburst Broadband Networks Equipment to:

1. 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, defamatory, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
2. access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; 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;
3. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Radioburst Broadband Networks (or Radioburst Broadband Networks supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Radioburst Broadband Networks (or Radioburst Broadband Networks supplier) facilities used to deliver the Service;
4. resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (i.e. wi-fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis;
5. transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising;
6. 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;
7. service, alter, modify, or tamper with the Radioburst Broadband Networks Equipment or Service or permit any other person to do the same who is not authorized by Radioburst Broadband Networks;
8. connect the Radioburst Broadband Networks Equipment to any computer outside of your Premises;
9. 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 abuse of operator privileges and attempts to "crash" a host;

Security
You are responsible for any misuse of the Service, even if the misuse 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, if applicable. 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. Radioburst Broadband Networks recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by Radioburst Broadband 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.

Electronic Mail
The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited.

Radioburst Broadband Networks is not responsible for forwarding e-mail sent to any account that has been suspended or terminated.

Network, Bandwidth, Data Storage and Other Limitations
You must comply with all current bandwidth, data storage, and other limitations on the Service established by Radioburst Broadband Networks and its suppliers.

You must ensure that your activity does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Radioburst Broadband Networks) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Radioburst Broadband Networks's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.

Violation of Acceptable Use Policy
Radioburst Broadband Networks has no obligation to monitor the Service and/or the network, although Radioburst Broadband Networks and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Radioburst Broadband Networks users.

If the Service is used in a way that Radioburst Broadband Networks, in their sole discretion, believe violate this AUP, Radioburst Broadband Networks may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent suspension or termination of all or any portion of the Service. Neither Radioburst Broadband Networks nor its affiliates, suppliers, or agents will have any liability for any these responsive actions. These actions are not Radioburst Broadband Networks's exclusive remedies and Radioburst Broadband Networks may take any other legal or technical action it deems appropriate.

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

You expressly authorize Radioburst Broadband Networks and its suppliers to cooperate with

1. law enforcement authorities in the investigation of suspected legal violations, and
2. system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy.