PROPERTY INTERNET SERVICE AGREEMENT
Please read This Internet Service Agreement Carefully before Using Cloud5’s Internet Services.
Cloud5, LLC (hereinafter “Cloud5”) provides its Internet services, as they may exist from time to time (“Services”), to this properties users. By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy (see below) and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and must terminate your use of the Services immediately.
2. USER’S SECURITY.
Cloud5 will to the best of its ability maintain the security of the LAN network, but will refrain from imposing security measures which will adversely affect the service itself when possible. YOU ARE USING THIS SERVICE AT YOUR OWN RISK. You may not hold Cloud5 or the property liable whatsoever for any security issues which may arise while using the network.
3. MONITORING THE SERVICES.
4. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY CLOUD5, CLOUD5 DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. CLOUD5 HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) is intended to enhance the use of the Internet by preventing unacceptable use. All users of Cloud5’s Internet services (the “Services”), must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. Cloud5 may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Cloud5 account or other actions. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
2. VIOLATIONS OF AUP
The following constitute violations of this AUP:
a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”
f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.
h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Cloud5’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Users also may not utilize this network to operate any music and/or video sharing programs, as these are illegal and detrimental to the functionality of the network as a whole. Cloud5 reserves the right to stop and or terminate use by individuals displaying patterns of use characteristically similar to these kinds of activity without warning.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the services. Reselling the Services is expressly prohibited without Cloud5’s express written authorization.
l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Cloud5 Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the User’s responsibility to ensure that their network is configured in a secure manner. A User may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A User may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. News. Cloud5 Users should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group’s “intended” use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.
n. Hosting Services. Cloud5 users are prohibited from providing hosting services of any kind while using the Cloud5 network.
3. REPORTING VIOLATIONS OF AUP
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from CST
Evidence of the alleged violation
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
Cloud5 may take, but is not limited to, any one or more of the following actions in response to complaints:
issue warnings: written or verbal, suspend the User’s account, terminate the User’s account, bill the User for administrative costs and/or reactivation charges, bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.
Personal Information Cloud5 Collects and How It Is Used
Cloud5 collects information in different ways from Users who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
Users are asked to provide certain personal information when they sign up for our Services including, but not limited to name, address, telephone number, valid email address, and the type of personal computer being used to access the Services. The personal information collected from Users during the registration process is used to manage each User’s account. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Cloud5 and a partner jointly promote the Services, Cloud5 may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Cloud5 may also generate non-identifying and aggregate profiles from personal information Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.
3. Online Shopping
At some Web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Cloud5 has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so.
4. Online Advertisements
Cloud5 displays our online advertisements. We share aggregated and non-identifying information about our Visitors and Users collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. Cloud5 does not share personal information about its Users with these advertisers.
5. Responses to Email Inquiries
When Users send email inquiries to Cloud5, the return email address is used to answer the email inquiry we receive. Cloud5 does not use the return email address for any other purpose and does not share the return email address with any third party.
6. Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary.
We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Cloud5 customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
7. Special Cases
It is Cloud5’s policy not to use or share personal information about Users in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Cloud5 may disclose personal information about Users, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Cloud5 and our Users.
8. Cloud5’s Commitment to Children’s Privacy
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.
Cloud5 recommends that children ask a parent for permission before sending personal information to Cloud5, or to anyone else online.
9. Public Forums
Please remember that any information you may disclose in public areas of the Internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
10. Cloud5’s Commitment to Data Security
Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. Cloud5 will not be held liable for any such instances.
11. How to Access or Modify Your Information
Cloud5 Wireless, LLC
850 W Jackson #250
Chicago, IL 60607
13. Revisions to This Policy
Cloud5 reserves the right to revise, amend, or modify this policy, our Internet Service agreement and our other policies and agreements at any time and in any manner.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLOUD5 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLOUD5 MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CLOUD5 OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CLOUD5 OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CLOUD5 AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, CLOUD5′ CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE PREVIOUS ONE YEAR PERIOD.