Acceptable Use Policy

Acceptable Use

This EPIC iO Technologies Acceptable Use Policy ("EPIC iO AUP") governs the use of the EPIC iO satellite and terrestrial-based wireline and wireless access services (the "Service"). The EPIC iO AUP is subject to the definitive agreement governing service provision between EPIC iO ("Company") and the purchaser of the Service from EPIC iO, ("Client"). Client's use of the Service constitutes acceptance and agreement of the terms and conditions of this EPIC IO AUP. Client agrees that its Clients and end-users ("Subscribers") are bound to these same restrictions and that Client shall strictly enforce all provisions of this EPIC IO AUP with such Subscribers. Should Client fail to enforce this EPIC IO AUP, or be unable to comply with the network guidelines set forth by EPIC iO from time to time, the Company may take such action as it deems necessary to protect the integrity of Service and resolve any EPIC iO AUP violation, including, but not limited to, denying further access to particular Subscribers or filtering as needed. EPIC iO reserves the right to modify or clarify this EPIC iO AUP at any time, without notice, effective upon posting the revised policy on the Company website.

EPIC iO Usage Requirements

EPIC iO reserves the right to prevent improper or excessive consumption of bandwidth. Client should be aware that the networking of additional computers to access the Service may result in excessive bandwidth consumption. In such event, the Company may, among other available actions, limit any excessive throughput, discontinue service via blocking of specific ports or communication protocols, and discontinue Service to the Client or Subscriber with improper or excessive bandwidth consumption, whether intended or unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes).

Client agrees that it will not initiate, participate in, or allow any of the following activities through or in connection with the Service, which constitutes examples of improper use of the Service and, therefore, is prohibited. At EPIC iO's sole discretion, EPIC iO may, WITHOUT NOTICE, SUSPEND OR TERMINATE Client's access to the Service upon the occurrence of any of the following events. Client may not:

Use the Service for illegal purposes or for the transmission of material that is known to be false, unlawful, harassing, libelous, defamatory, profane, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, sexually explicit, hateful or otherwise objectionable; to post material, non-public information about companies, without the authorization to do so; to post or transmit third-party copyrighted information or in any way infringe on the intellectual property, contractual, or fiduciary rights of others; for the transmission of junk mail or chain letters, or to distribute bugs, viruses or such other harmful elements; to post improper messages; to attempt to break security, or in fact, to break security of any computer network, to access an account which does not belong to Client, or any other act of a malicious nature which may reasonably result in harm or damage to another user's service, equipment, or privacy, including, but not limited to, any act of fraud; or to violate the terms of the agreement by which Client is taking the Service from EPIC iO;

Post messages substantially similar in content to ten (10) or more news groups, forums, automated e-mail lists or other similar groups or lists (each a "List") or intentionally post to any List any content or information that violates or is otherwise inconsistent with the terms of use or other owner-published description of the group or List;

Send any spam, unsolicited mass distribution of e-mail or other solicitations, or otherwise unsolicited e-mail, Except as otherwise defined under applicable law, "unsolicited e-mail" does not include any message (i) addressed to an individual with whom the sender has a pre-existing and ongoing business or personal relationship, (ii) received from a non-commercial organization or entity of which the individual is a pre-existing member or (iii) posted to a List that does not otherwise violate this policy. Conduct mail-bombing (sending mass amounts of email to one recipient or system) with the intent to render said system dysfunctional or Syn-flood attacks (to overburden a recipient's computer system by sending a high volume of spurious data which effectively impedes functionality or totally disables recipient system) and any other methods of denial of service;

Engage in any of the foregoing activities by using the service of another provider but channeling such activities through EPIC iO's IP addresses as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the Service; including, but not limited to audio, video, and gaming services;

Improperly restrict, inhibit, or degrade any other EPIC iO Client's use of the Service, or restrict, inhibit, disrupt, degrade or impede EPIC iO's ability to deliver the Service and monitor its delivery of the Service; including excessive upstream/inbound traffic related to spyware, adware, or viruses/trojans;

Install automated search and retrieve programs or similar automated and manual routines that generate excessive amounts of net traffic;

Engage in any activity that compromises or threatens EPIC iO ability to provide the Service in a reasonable and efficient manner. Examples of prohibited use include but are not limited to, running servers for mail, HTTP, FTP, IRC, and multi-user interactive forums, and providing Internet access to others through a dial-up connection, multi-user interactive forums, or similar means; or

Engage in any other activity that is in violation of law, threatens the integrity of any computer system, or violates generally accepted standards of Internet conduct and usage, including but not limited to denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.

Offer public WiFi access without having the ability to limit streaming applications or excessive use.

EPIC iO reserves the right to implement technical mechanisms that block postings and messages that at the Company's sole discretion, violate this EPIC iO AUP before they are forwarded or otherwise sent to their intended recipients, EPIC iO also reserves the right to take such action as may be necessary to protect the integrity of the network, including, but not limited to, regular system monitoring, as well as port scanning and shutting down of ports affected by viruses, worms or other malicious code. In addition, EPIC iO reserves the right to implement hard limits on monthly throughput and soft limits in which EPIC iO may notify Client of excessive usage and require such usage to cease or brought within acceptable usage by EPIC iO. If Client does not take such actions, EPIC iO may suspend and/or terminate services, place additional limits on the service, or, with Client's acceptance, change the service plan to meet current usage requirements.

Client agrees to comply with the laws, rules, regulations, and policies applicable to any network, server, computer database, website, newsgroup or ISP that is accessed through the Service. Any violation of such laws, rules, regulations or policies may serve as cause for EPIC iO to suspend or terminate the Service as provided herein.

Critical Connectivity Services provided by EPIC iO may be subject to additional limitations placed on them by the underlying carriers or in accordance with applicable law. Critical Connectivity Services [including AT&T FirstNet and Verizon Frontline] may be limited by carriers so that they can only be used by qualified public safety entities for qualified public safety purposes. In order to comply with carrier requirements, EPIC iO may require that you provide additional information regarding your business including: NAICS Codes, contemplated uses of the Critical Connectivity Services, and other information reasonably requested by EPIC iO to comply with carrier requirements.

If Client has purchased Critical Connectivity Services, Client represents and warrants that it shall only use those Services if the Client is a qualified public sector end user and is using the Services for approved public sector purposes. Client must restrict access to the Critical Connectivity Services to authorized users eligible to use the Critical Connectivity Services for approved public sector purposes. If Critical Connectivity Services are used for any other purpose, or by anyone other than authorized users, Client shall immediately inform EPIC iO of such use.

For certain Critical Connectivity Services, Clients may need to be previously authorized by a carrier to use those Services.

Client understands that Critical Connectivity Services are provided by EPIC iO’s underlying carriers and that EPIC iO is not responsible for any harm that arises from Client’s use of such Services.

Nothing contained in this policy shall be construed to limit EPIC iO rights or remedies in any way with respect to any of the foregoing activities, and the Company reserves the right to take any and all additional actions that it may deem appropriate with respect to such activities, including without limitation, investigating suspected violations of this EPIC iO AUP, taking action to recover the costs and expenses of identifying offenders, terminating their access to and use of the Service, and levying cancellation charges to cover EPIC iO costs in the event of termination of access to the Service. In addition, EPIC iO reserves at all times all available rights and remedies with respect to such activities at law or in equity.