Provider Acceptable Use Policy

Epproach Communications and its affiliates and/or distribution partners (collectively “Provider”) are please to provide you the internet service (the “Service”) that you and/or your landlord or property manager have selected. By using this Service, you agree to these terms and conditions (“Agreement”) and the Acceptable Use Policy (AUP). It is important that you carefully read these terms before using the products or services. These terms when accepted by you form a license (“License”) agreement between the provider and you (“User”) for the use of one or any or all of the Services.

By using these services, User has agreed to the terms and conditions and policies contained herein. Provider or its affiliates may provide additional products or services that may be subject to additional terms of service or privacy policies.

Acceptable Use Policy

As a condition to you gaining access to this Service you are required to comply with the requirements of this Acceptable Use Policy (the “Policy”). By accepting the Agreement or by using the Service, you signify your agreement to the terms, conditions and notices of this Policy. “You” when used in this statement shall mean the customer of record, any users of the services and end users of any Access Device(s) using the services. For purposes of this Policy, any actions that provider may take with regard to your account and use of the Service may also be performed by a third party service providers.

If you violate any of the provisions of this Policy, Provider may take action to restrict or terminate your access to the Service, including access to Provider Internet websites associated with the Service. Provider reserve the right, at their discretion, to update or revise this Policy, any other policy or statement on any Provider website, and any product offerings or programs described on any Provider website. Please check back periodically to review any changes to this Policy.

Use of the Service for any purpose that is unlawful, objectionable or in any manner, which could damage, disable, overburden or impair the operation of the Provider Network or the Service or any other party’s use or enjoyment of the Provider Network or the Service, is strictly prohibited.

Restrictions

You may not use the Service in a manner that violates federal, state or local laws and rules, or in a manner that interferes or could interfere with services provided to others or that could harm Provider facilities. Provider assumes no liability for use of its service by a minor. If Provider has reason to suspect unlawful use, abuse, fraudulent usage or interference in connection with the Service or the Service network, Provider may immediately, without notice or liability, deactivate or terminate the Service.

If you suspect fraudulent or unlawful use of your Service, please contact Provider immediately at (877-364-5907). Provider may temporarily refuse, limit, interrupt, or curtail your Service as necessary. Provider, or its authorized agents, shall make all repairs and modifications of the Provider network and systems. User agrees not to disturb, tamper with, reroute or in any way interfere with any component of the Provider network or systems. You agree to repay Provider any and all damages resulting from any tampering or modification of the Provider network or systems and the lost value of the Provider service, if any, plus reasonable costs and attorney’s fees incurred by Provider in enforcing this provision.

Specifically, you may not:
Attempt to use or gain unauthorized access to data, accounts, hosts, 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.
Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems, networks or any information owned by another person or organization without the consent and permission of the person or organization or to probe, scan or test the vulnerability of a system or network of any other person or organization.
Interfere with Service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system, use of any system that contains a virus, malware or any other type of software or function that may harm or hinder the use of the service for any user.
Use the Service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
Use the service in any way that causes harm or attempts to cause harm to minors, including but not limited to the possession or distribution of child pornography or other illegal materials.
Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting or any other activity.
Falsify address information or otherwise modify e-mail headers to conceal the sender’s or the recipient’s identity.
Use the Service to conduct, participate in, or otherwise facilitate, pyramid or other illegal soliciting schemes.
Use the Service to take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
Access or use the Service with an IP address other than the dynamic Internet Protocol (“IP”) address assigned to you which adheres to 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.
Use an IP address not assigned to you by the Service.
Modify any equipment connected to the Epproach Communications LLC network, regardless of whether the equipment is owned by you, us or your landlord or property manager, in order to commit theft of the Service, fraudulently use the Service or provide the Service to a third party.
Modify the MAC address of any modem connected to the Service.
Collect or store personal data about other users.
Violate any other Cox policy or guideline.
Resell or redistribute the Service to any third party via any means including but not limited to wireless technology.
Additionally, you 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 Provider’s discretion:
Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent, pornographic or inaccurate.
Is posted in violation of a newsgroup charter.
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.
Contains viruses, corrupted files, lock/key, bomb, worm, trojan, botnet, cancelbot or any other similar software or programs that may damage the operation of another’s computer, the Provider network or other harmful feature.
Has a negative effect on Provider or its network (including, without limitation, overloading servers on the Provider Network; causing portions of the Provider Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Provider, impose an unreasonable administrative burden on the company).
Constitutes unsolicited duplicative e-mail (commercial or otherwise). This prohibition extends to the sending of unsolicited and/or mass e-mailings from any Provider account, or via another service which in any way implicates the use of this site or the Service, Provider equipment or any Provider e-mail address; (ii) that is relayed from any Provider or third party’s mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the Provider Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing that may be deemed to be counterfeit. A communication may be unsolicited if: (1) recipients’ email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
Violates any copyright or any other intellectual property rights or laws.
Service Usage

You are solely responsible for all usage for the Service, whether or not you have authorized such usage. This Service is provided only for your use, and you may not resell, assign, or transfer your rights associated with the Service without prior written consent from Provider. The utilization of any data or information received, sent, posted or otherwise provided by or to the User from the utilization of the Services to be provided by Provider is at the sole risk and full responsibility of the User. Provider specifically disclaims and denies any responsibility for the content, completeness, accuracy or quality of information transferred or obtained through the services.

Intellectual Property

You may not use the Service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, moral rights, or propriety rights of any party. Provider assumes no responsibility, and you assume all risk regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

If you believe that a User is, through the use of the Service, unlawfully infringing the copyright(s) in a work, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is:

Copyright Agent
3208 Pennington Drive, Wilmington, NC 28405
By email at copyright@epproach.net

Security

You are solely responsible for the security of any devices and the content of said devices that you or anyone authorized by you use with the Service. You are solely responsible for implementing protection from viruses, malware, unwanted and unauthorized intrusions or any other threat or potential threat associated with use of the service. Provider specifically disclaims and denies any responsibility for the security and protection of your devices and content of said devices.

Equipment

All equipment not purchased from Provider, but supplied by Provider for use with any broadband services remains the property of Provider.

Warranty

Provider makes no warranties of any kind, whether expressed or implied, for the Service, software or hardware it is providing. Provider also disclaims any warranty of merchantability or fitness for a particular purpose. Provider will not be responsible for any damages you suffer. This limitation includes loss of data resulting from delays, non-deliveries or service interruptions, whether due to maintenance of the network or caused by User or due to Provider negligence, errors or omissions, or due to inadvertent release or disclosure of information sent by you.

Liability and damages

Any Provider liability to the damages resulting from your use of the Service or unavailability of the Service is limited as set forth in this Agreement. Provider makes no representations and does not assume any legal liability or responsibility for the content, accuracy, completeness, or usefulness of any information or messages sent or received via the Service. Provider will not be responsible for any loss or damages arising out of the use of the Service, including damages resulting from personal injuries, death, or property damage. Neither Provider nor its suppliers of equipment, agents or authorized distributors of service are liable for any loss or damage whatsoever resulting from mistakes, network failure, unauthorized access to data, files or equipment, interruptions in service or delays in transmission. In no event shall you have any right to recover from Provider, or its equipment or service providers, agents or authorized distributors any indirect, special, punitive, incidental, or consequential damages, including but not limited to loss of profit or revenue, even if Provider has been advised of the possibility of such damages. Any Provider liability for direct damages arising out of any additions, omissions, interruptions, delays, mistakes, errors or defects in the transmission occurring in the course of furnishing the Service or facilities shall in no event exceed an amount that is equivalent to the charge for the Service during the period in which the fault in transmission occurs. Provider is not liable for any defacement of or damage to a User’s premises resulting from the furnishing of Service or the installation or removal of facilities and equipment, when such defacement or damage is not the result of the gross negligence of Provider. If such defacement or damage is the result of gross negligence by Provider, in no event will Provider be liable for more than the direct damage. Provider shall not be liable for any failure to perform its obligations under this Agreement due to any cause or causes beyond its reasonable control, as determined by Provider. Provider shall be entitled to take and shall have no liability whatsoever for any action as deemed necessary by Provider to bring the Service or its practices into conformity with any rules, regulations, orders, decisions or directives of the FCC or other governmental agency. Provider is not responsible for problems with the operation of computers and other equipment not owned by Provider. In the event that an Provider systems repair service is requested for problems, which, in the judgment of Provider, relate to equipment not owned or installed by Provider, a service charge will be imposed for the repair visit.

Indemnity

Provider is not responsible for any third party claims relating to or arising out of use of the Service. Except for the gross negligence or willful misconduct of Provider, you agree to reimburse Provider for all costs and expenses, including attorney’s fees, relating to any such third party claims.

Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Provider and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Provider that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. All arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Provider, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Provider should be sent to the Provider attn.: Terms of Use Dispute at the address listed below. If you and the Provider do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved shall be settled by binding arbitration in New Hanover County, North Carolina, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws rules.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. In the event any litigation should arise between you and the Provider in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE PROVIDER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Severability

If any provision of the Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law provisions. For claims not subject to arbitration, you and Provider agree to submit to the exclusive jurisdiction of the courts of the State of North Carolina. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Contact.

Any questions regarding these Terms and Conditions should be directed to:
info@epproach.net