Acceptable Use Policy

ACCEPTABLE USE POLICY

Introduction:

The intent of the Acceptable Use Policy (AUP”) is to provide a clear understanding of Pioneer Broadband expectations for subscribers. Any violation(s) of these guidelines may result in the suspensions or cancellation of service.

Policy and Legal Infringements:

As a Telecommunications Provider, Pioneer Broadband will not censor any content of information passing through its network unless the information is deemed illegal. Pioneer Broadband will cooperate with legal authorities in the investigation of any suspected criminal or civil order of infringements. Activities to avoid include, but are not limited to, the following:

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Child Pornography: Federal child exploitation statutes define child pornography as visual depictions of “sexual intercourse” and/or “sexually explicit conduct”, whether between persons of the same or opposite sex or lascivious exhibition of the genitals or pubic area of any person. Such visual depictions are illegal to possess, produce, receive, transport or distribute by any means, including computer.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. Pioneer Broadband respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material on, or disseminate material over, Pioneer Broadband’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, it is the policy of Pioneer Broadband to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e. repeat infringers (ii) where a valid, effective and uncontested notice has been provided to Pioneer Broadband alleging facts which are a violation by the subscriber or account holder of Pioneer Broadband’s Copyright Policy prohibiting infringing activity involving Pioneer Broadband systems or servers, or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g. willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Pioneer Broadband expressly reserves the right to terminate or suspend the service of any subscriber or account holder if Pioneer Broadband, in its sole judgment, believes that circumstances relating to the infringement of the third party intellectual property rights warrants such action. These policies are in addition to and do not affect or modify any other rights Pioneer Broadband may have under law or contract.

Hacking: Pioneer Broadband will not tolerate any subscriber attempting to access the accounts of others; penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Unauthorized Computer/Network Trespass: Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate termination.

Illegal Export: Exporting software or technical information is in violation of U.S. export control laws, therefore prohibited.

E-Mail Spamming: Transmitting of unsolicited e-mail to multiple recipients will not be tolerated. Such an offense negatively impacts mail system performance.

Usenet Spamming: Posting of messages to newsgroups that is irrelevant or blanket posting of messages to multiple news groups will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or cause damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence may result in terminating the account immediately.

E-Mail/News Bombing: Malicious intent to impede another person’s use of electronic mail services or news media will result in immediate termination.

E-Mail/Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Pioneer Broadband services is in violation of the Terms of Service.

Ponzi Schemes/Chain letters/ Pyramid Schemes: Posting of such scams may result in legal inquiries, suspension and/or termination of service.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Pioneer Broadband services could result in suspension of service.

Third Party Accountability: Pioneer Broadband subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

IP Addresses: Globally routed IP Address provided are the property of Pioneer Broadband.

Publicity: Customer shall not use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with Pioneer Broadband or it affiliates, or from which any association with Pioneer Broadband, or its affiliates may be inferred or implied, in any manner, including but not limited to advertising, sales, promotions, press releases or otherwise, without the prior written permission of Pioneer Broadband.

Net Neutrality: Pioneer Broadband does not engage in paid prioritization of its Internet access services and will protect your privacy

This list is representative of prohibited activities and is not all inclusive of future violations:

Liability and Effective Date:

Pioneer Broadband has no practical ability to monitor all conduct, communications, or content which might violate this policy prior to its transmission on the Pioneer Broadband Network. Therefore, Pioneer Broadband does not assume liability to subscribers for violation of the aforementioned infringements. Also, Pioneer Broadband reserves the right to make changes to this policy without prior notification to subscribers.