Terms of Services & Acceptable Use Policy (TOS & AUP)

In order to provide its customers with the highest level of service, AirFiber WISP has adopted this Acceptable Use Policy (AUP). This Policy outlines acceptable use of the Service and is in addition to any other agreements in effect for the Service(s) customer has subscribed to.

Failure to comply with this AUP may result in the suspension or termination of your Service. If you do not agree to comply with this AUP, you must immediately stop use of the Service and notify AirFiber WISP, so that your account may be closed.

AirFiber WISP reserves the right to make use of various technologies to prevent violation of any or all of this AUP.

We do not block access to any legal content, application, or service. We do not cap the amount of data you may use. We do not inspect and collect the contents of the data packets that transit through our network. We do not throttle specific content, applications, and services. We do not prohibit you from attaching non-harmful devices to your connection. We may take minor steps to manage our network.

Despite our efforts, we cannot guarantee any particular amount of bandwidth on the Service or that any speed or throughput of your connection will be available at all times. The speed of the Service will vary depending upon a number of factors, including your computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond AirFiber WISP control, and system failures, modifications, upgrades, and repairs. Accordingly, we cannot guaranty that the Service will meet your requirements or expectations or will be uninterrupted, timely, secure, or error free.

AirFiber WISP reserves the right to deny or suspend your service to any individual or organization which, in AirFiber WISP's opinion, intends to use the service in a manner that would violate this AUP.

Prohibited uses include using the Service and/or Equipment to:
1 Share files via Peer to Peer (P2P) networks. This includes, but is not limited to eMule, eDonkey, Kazaa, BitTorrent, Grokster, Gnutella and PeerCast. The transfer of any copyrighted materials will result in immediate termination.

2 Transmit or receive amounts of data exceeding what is typically considered reasonable for the Service, regardless of intent, purpose or knowledge. Excessive data transfer will result in restricted bandwidth.

3 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 infringes the intellectual property rights of any person or entity, 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.

4 Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information.

5 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.

6 Transmit bulk messages, commercial messages or "spam." This includes, but is not limited to, solicited or unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Open Internet Principles of AirFiber WISP

The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 23, 2011 and can be found at this link: click here 

All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.

The FCC’s rules focus on three primary issues:

• Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services;

• No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services; and

• No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.

• Reasonable network management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access.

Network Practices

ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management

AirFiber WISP manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers.

Application-Specific Behavior

Bandwidth management is not based on application, content or protocol. The technique is “protocol-agnostic,” which means that the system does not manage congestion based on the applications being used by customers. It is also content neutral, so it does not depend on the type of content that is generating traffic congestion. Said another way, customer traffic is congestion-managed not based on the applications or content being used, but based on current bandwidth product the customer purchases.

Device Attachment Rules

Any device connected to the AirFiber WISP network must conform to publicly available industry standards and be non-harmful to the AirFIber WISP network. Residential subscribers may not run any type of server, including, but not limited to, DNS servers, mail servers, ftp servers, game servers or P2P servers.

Security

AirFIber WISP offers its customers unrestricted access to all of the lawful content, services, and applications available on the Internet. AirFIber WISP uses industry standard tools and best practices and policies to protect our customers from spam, phishing, and other unwanted or harmful on-line content and activities. In the instances where these tools and policies identify on-line content as harmful or unwanted, the content may be prevent from reaching customers, or customers may be permitted to identify or inspect content to determine if it is harmful or unwanted.

Performance Characteristics

ISPs must disclose the following network performance characteristics:

Service Description

The advertised speed of AirFiber WISP’s Internet Service is the maximum speed achievable with the technology utilized by AirFiber WISP. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of AirFiber WISP’s Internet service offerings, including, but not limited to: the end user’s computer, modem or router, activity during peak usage periods, and other Internet traffic. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade, no advice or information given by AirFiber WISP, its affiliates, its licensers, its contractors or their respective employees shall create a warranty. Neither AirFiber WISP nor its affiliates, its licensers, its contractors or their respective employees warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other malware and/or harmful components.

Impact of Specialized Services

AirFiber WISP does not offer any specialized services at this time such as VoIP or IPTV.

Commercial Terms

ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing

In order to meet the usage and budgetary needs of all our customers, AirFiber WISP offers a wide selection of broadband Internet access plan options, including promotional offerings, and a la carte alternatives. To see AirFiber WISP’s current promotions and pricing on broadband Internet access service, please visit our website https://www.airfiber.cc/ or call 1-623-363-3823

For additional information on AirFiber WISP’s fee schedule for additional network services, visit the AirFiber WISP website at https://www.airfiber.cc/.

Privacy Policies

AirFiber WISP affords full access to all lawful content, services and applications available on the Internet and does not routinely monitor, inspect or store the network activity and traffic of its Internet service users. However, AirFiber WISP reserves the right to monitor bandwidth, usage, transmissions and content for purpose of protecting the integrity of the network and AirFiber WISP’s Internet access service through reasonable network management practices.

AirFiber WISP may collect equipment information to identify the equipment customer is using on the network, including, but not limited to: equipment type, serial number, settings, configuration and software. AirFiber WISP may also collect performance information to examine the operation of the equipment, services and applications the customer may use on the network, URLs, data transmission rates and latencies, location information, security characteristics, and information about the amount of bandwidth and other network resources customer is using in connection with uploading, downloading or streaming data to and from the Internet.

Network traffic, activity, performance information, and equipment information monitored or collected by AirFIber WISP is done for the sole purpose of reasonable network management purposes.

AirFiber WISP is required to comply with relevant laws, regulations and judicial orders. Information covered under this Privacy Policy, as well as other categories of information, may be disclosed to third parties if AirFiber WISP determines, in its sole discretion, that such a disclosure is necessary or required. AirFiber WISP may also disclose this information if, in its sole discretion, such a disclosure is necessary or required to protect our interests or the interests of our customers.

The AirFiber WISP network management practices as discussed herein are intended solely to provide the best on-line experience possible for our customers by safeguarding our network and its users from spam, viruses, phishing, and other unwanted or harmful on-line content and activities. AirFiber WISP’s network management practices are not intended, nor implemented, to block consumers from accessing the content and applications of their choice, deprive consumers of their entitlement to competition, or discriminate against or in favor of certain network traffic. For more information on AirFiber WISP privacy policies, please see the Privacy Policy section on our TOS (Terms of Service) page.

Redress Options

If you have questions regarding AirFiber WISP’s Network Management Practices Policy or would like to file a complaint with AirFiber WISP regarding its network management practices, please contact AirFiber WISP at:

AirFiber WISP
34975 N. North Valley Pkwy (Bldg. 8, Ste. 152)
Phoenix, AZ 85086
Phone: 623-363-3823
Email: office@airfiber.cc

FCC Notice

If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address:http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers

The Open Internet Rules, as adopted, and AirFiber WISP’s Network Management Practices Policy are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of AirFiber WISP, rights holders, and end users.  Furthermore, the Open Internet Rules, as adopted, and AirFiber WISP’s Network Management Practices Policy do not prohibit AirFiber WISP from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review AirFiber WISP’s Acceptable Use Policy on AirFiber WISP’s website.