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FastMesh Internet - Acceptable Use Policy (AUP)

The following AUP terms are accepted when using any portion of the FastMesh Network
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This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the Services of FASTMESH LLC regardless of their payment status or selected tier of service. This policy is intended to protect FASTMESH LLC and its provided Services and customers. FASTMESH LLC reserves the right to update or modify this policy at any time, effective immediately upon posting of the updated policy. Your use of the Services constitutes your continuing acceptance of the Acceptable Use Policy in effect at the time of your use. 
 
Congestion Management Practices:
FASTMESH LLC’s customers are subject to the maximum upload and download speeds set in our tiered plans unique to each individual property where the Services are provided. FASTMESH LLC is constantly monitoring network traffic to provide sufficient network capacity, to perform diagnostics, and to enhance network performance and robustness. During peak network usage times, FASTMESH LLC may equally allocate available bandwidth among customers based on their chosen tier of service. Additionally, FASTMESH LLC reserves the right to prioritize latency sensitive types of traffic such as VoIP. These practices ensure every FASTMESH LLC customer experiences the highest possible quality of service. FASTMESH LLC reserves the right to use additional methods of congestion management if it becomes necessary on a case by case basis. 
 
FASTMESH LLC’s service is provided on a “best efforts” basis. Circumstances entirely outside of the control of FASTMESH LLC may affect the speed and quality of service, including but not limited to: interruptions to utility power, foliage, line-of-sight obstructions, construction, unusual levels of rain/snow/ice, and the customer’s use of lower-quality or obsolete devices on the FastMesh network.
 
Application-Specific Network Management Practices:
FASTMESH LLC generally allows unlimited use of all legally permitted applications; however, it reserves the right to block or limit access to any applications that it determines, at its sole and reasonable discretion, may expose FASTMESH LLC to potential legal liability, harm the FastMesh network, or otherwise interfere with or impair the experience of other customers.
 
Customer-Triggered Network Management Practices:
FASTMESH LLC’s network is designed and organized in such a way that is intended to prohibit third parties from initiating connections to customers within the network, as well as preventing customers from initiating connections with other customers within the network. FASTMESH LLC reserves the right to block activities on its network that FASTMESH LLC decides, at its sole and reasonable discretion, pose substantial risk to the network or to other customers. Triggering activities include denial of service activity, IP address or port scanning, actual or alleged illegal downloads of copyrighted materials, and excessive failed login attempts. In these cases, FASTMESH LLC will notify the customer that they are responsible to remedy the issue; FASTMESH LLC reserves the right as a reasonable network management practice, without advance notice, to remove, block, filter, or restrict by any other means any customer’s traffic that it determines, at its sole and reasonable discretion, may be illegal, may subject us to liability, or may cause harm to the network or to other customers, until the issue is addressed to FASTMESH LLC’s satisfaction. FASTMESH LLC may notify and cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crimes or civil wrongdoings. Violations of these policies may result in the suspension or termination of access to FASTMESH LLC’s Services, or other necessary actions as detailed above and below.
 
Customer Responsibilities:
FASTMESH LLC does not have control over information obtained through the Internet and cannot be held responsible for its content or accuracy. FASTMESH LLC’s customers agree to the following responsibilities:
 
  • Installation/download or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer is prohibited. 
  • Operating of programs, services, systems, processes, or servers by a single customer or group of customers that may substantially degrade network performance or accessibility will not be allowed.
  • Attempting to circumvent or subvert system or network security measures is prohibited. 
  • Creating or running programs that are designed to identify security loopholes, to decrypt intentionally secured data, or to gain unauthorized access to any system is prohibited. 
  • Using any means to decode or otherwise obtain restricted passwords or access control information is prohibited. 
  • Servers designed specifically for the distribution of spam may not be connected to the network. 
  • Devices designed specifically for the distribution of viruses or other malicious code may not be connected to the network. 
 
Without limiting the foregoing, customers agree NOT to use FASTMESH LLC services to:
 
  • Transmit any material (by uploading, posting, emailing or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable.
  • Harm or attempt to harm minors in any way.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the services.
  • "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent.
  • Transmit any material (by uploading, posting, emailing or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Transmit any material (by uploading, posting, emailing or otherwise) that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Resell the services without FASTMESH LLC’s authorization.
 
Any device/customer found to be violating any of the above policies, even without the customer’s knowledge or consent, may be disconnected from the network at FASTMESH LLC’s discretion and the associated account may be terminated; the proper legal authorities will be contacted in any appropriate situation.
 
FASTMESH LLC’s equipment, whether providing service within buildings or establishing connections between buildings is the sole property of FASTMESH LLC and can only be operated and serviced by FASTMESH LLC and its employees. Equipment installed within hallways, closets, resident units, office spaces, stairwells, and any other parts of buildings publicly or privately accessible remains the sole property and responsibility of FASTMESH LLC. Any person or persons found to be tampering with or attempting to move or remove equipment will be provided with fair and reasonable warning; repeat offenders may have their service terminated and/or be prosecuted to the full extent of the law. However, FASTMESH LLC, at its sole and reasonable discretion, reserves the right to terminate service or pursue legal action based on a first offense. 
 
Redress Options:
FASTMESH LLC will respond to customer questions and concerns in a timely manner. Customers may contact FASTMESH LLC at:
  
https://www.fastmesh.com/contact-us
OR: 503.893.8638 
WA: 206.317.4336
support@fastmesh.com
 
FASTMESH LLC requests that anyone who believes there is a violation of this Agreement contact FASTMESH LLC. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) any and all evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
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