Acceptable Use Policy

1. Customer understands that all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is entirely responsible for all Content that Customer uploads, posts, emails, or otherwise transmits via the service. Nextera does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Customer understands that by using the service, Customer may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Nextera be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to Customer via the service.
2. Customer agrees not to use the service to:
(i) upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but not limited to, a Nextera representative, forum leader, guide or host, or falsely state or otherwise misrepresent Customer's affiliation with a person or entity;
(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the service;
(v) upload, post, email, or otherwise transmit any Content that Customer does not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(vii) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(viii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
(xi) intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq, and any regulations having the force of law;
(xii) "stalk" or otherwise harass another; or
(xiii) collect or store personal data about others.
3. Customer acknowledges that Nextera does not pre-screen Content, but that Nextera and its designees shall have the right (but not the obligation) in their sole discretion to refuse, restrict or move any Content that is available via the service. Without limiting the foregoing, Nextera and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable, in Nextera's sole discretion. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by Nextera or submitted to Nextera
4. Customer acknowledges and agrees that Nextera may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of Nextera, its users, and the public.
5. Customer understands that the technical processing and transmission of the service, including Customer's Content, may involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6. It is solely Customer’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the service. Nextera does not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on the service. Any items purchased or obtained by any Customer through the service is done at the Customer's sole risk. Any Content related to business, finance, and/or securities matters and the like contained on the service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Nextera shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via the service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
7. Customer agrees that the service and the software may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Customer through the service, advertisers, or suppliers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
8. Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to service.
9. Dealings with Advertisers and Suppliers. Customer may enter into correspondence with or participate in promotions of advertisers and/or suppliers on the service showing their products on the service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding user and the advertiser, and/or supplier. Nextera assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
10. Links to Third-Party Sites. Nextera provides links to other external sites or resources. Because Nextera has no control over such sites and resources, Customer acknowledges and agrees that Nextera is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other information or materials on or available from such sites or resources. If Customer chooses to access third-party services, Customer does so entirely at his/her own risk.

IV. Privacy Policy
1. Subscriber Privacy Notice. This Privacy Policy contains information pertaining to Customer's privacy rights provided under federal law. Nextera may, in its sole discretion, change, modify, add, or remove portions of the Privacy Policy, and the service provided hereunder, at any time. Nextera will notify Customer of any such changes by posting the modified Privacy Policy on the Nextera Site, or sending notice to Customer via email, postal mail, or other means. Customer's continued use of the service following notice of such change shall be deemed to be Customer's acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the service and notify Nextera that Customer is terminating the Privacy Policy and this Agreement. If Customer does not agree to the new policies, Customer's sole remedy is to terminate this Agreement and comply with the terminations provision herein.
2. Monitoring the service. Nextear has no obligation to monitor the service, but may do so, and disclose information regarding Customer’s use of the service if Nextera, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the service properly; or protect itself and its Customers. Nextera may immediately remove Customer’s material or information from Nextera's servers, in whole or in part, which Nextera, in its sole and absolute discretion, determines to infringe another's property rights or to violate this Agreement or the Privacy Policy.
3. Prohibited Uses of the service. Customer shall not use the Nextera equipment or the service to, directly or indirectly:
(a) participate in any unlawful purposes. Use of the Nextera equipment or service for transmission or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person;
(b) post, transmit, or disseminate objectionable information, including, without limitations, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal, or international law, order, or regulation;
(c) access any other person's computer or software without the knowledge and consent of such person;
(d) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software, or other material obtained through the service which is protected by copyright or other proprietary right, without obtaining permission of the owner;
(e) alter, modify, or tamper with the Nextera service or permit any other person to do the same that is not authorized by Nextera;
(f) restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Nextera equipment or the service, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
(g) inhibit or have the potential to inhibit the ability of any other person to use the service by serving or attempting to serve faulty IP addresses to other Nextera customers. Nextera may deny service to Customer until the problem is resolved;
(h) knowingly disrupt the service;
(i) resell the service or otherwise charge others to use the service. The service is for personal use only and Customer agrees not to use the service for operation as an Internet service Provider or for any other business enterprise in competition with the service;
(j) attempt to login, access, or attack any of Nextera's equipment or network, including radio and network equipment;
(k) assist (release proprietary software and information) unauthorized users to gain access to Nextera's network; or
(l) open, tamper with or attempt to repair Nextera's equipment; Nextera reserves the right to restrict or block certain activities or immediately terminate this Agreement and the service
(i) if Customer engages in any of the activities listed above,
(ii) if Nextera receives an appropriate notice or request under the Digital Millennium Copyright Act,
(iii) if necessary to comply with any law, regulation, rule or judicial or regulatory order, or
(iv) if Customer uses the Nextera equipment or services in a way which is contrary to any other Nextera policy. Copies of policies are available on the Nextera Web site. This Section shall not in any way limit Nextera's rights of termination pursuant to this Agreement. Customer assumes the risk and agrees to indemnify and hold harmless Nextera against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above. This provision will survive termination of this Agreement.
4. Intent. Unless produced by Nextera, the information Customer accesses or receives by using the service or information sent to Customer by other users is provided, entered, or posted by the users and is not reviewed, controlled, examined, verified, or endorsed by Nextera. The data and information Customer sends and receives may be subject to privacy- and security-invading activities including, but not limited to, eavesdropping, electronic trespassing, "sniffing," "spamming," "nuking," "hacking," "spoofing," imposture, breaking passwords, harassment, fraud, forgery, and system contamination including use of viruses, "worms," and "Trojan" applications causing unauthorized, damaging, harmful access and/or retrieval of information and data on Customer's computer and other forms of activities that may even be considered unlawful. Information and data may also not reach its destination or may reach an erroneous address or recipient.

CUSTOMER IS ADVISED NOT TO USE OR RELY ON THE SERVICE AND INFORMATION RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" MEANS ANY INFORMATION OR DATA CUSTOMER DOES NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE ARE THOSE WHERE CONTINUOUS OPERATION IS CRITICAL TO AN INDIVIDUAL OR COMPANY AND WHERE HARM OR DAMAGE MAY BE CAUSED IF ANY DOWNTIME WOULD HAVE AN ADVERSE EFFECT ON THAT INDIVIDUAL OR COMPANY.
5. Security, And File and Print Sharing. WISP's facilities are used by numerous service subscribers. As a result, there is a risk that Customer could be subject to "eavesdropping." This means that other service subscribers may be able to access and monitor Customer's use of the service. This risk of eavesdropping exists not only with Nextera's facilities, but also on the Internet and other services to which access is provided as part of the service. Because of this risk, any sensitive or confidential information sent by Customer is sent at the Customer's sole risk, and Nextera shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such actions by Customer.
6. FTP/HTTP Service Setup. Customer should be aware that when using the service to access the Internet or any other online network or service, there are certain applications, such as FTP (File Transfer Protocol) server or HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other service users and Internet users to gain access to Customer's computer. If Customer chooses to run such applications, Customer should take the appropriate security measures. Nextera shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from, arising out of, or otherwise relating to the use of such applications by Customer, including without limitation, damages resulting from others accessing Customer's computer.
7. Local Area Network (LAN) in that each Customer is a node on the network. As such, users outside the Customer's home may be able to access the Customer's computer. It is important that the Customer take appropriate steps to protect their information on the computer from being accessed by others. To this end, we encourage Customers to acquire a firewall, utilize virus protection, and implement other security measures the Customer deems necessary to protect the integrity of the data on Customer’s computer. In addition, some software includes capabilities that permit other users across a network, such as the service and the Internet, to gain access to the Customer's computer and to the software, files, and data stored on the computer. Operating systems can include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer's computer even if the Customer is not using the service. Notwithstanding the foregoing recommendations, Customer hereby acknowledges and agrees that the Customer's use of the service is at the Customer's own risk, and Nextera shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such use by the Customer.
8. Permission Grant. Nextera grants to you permission to use the Nextera equipment (antenna, radio modem, Category-5 cable, wall jack), but does not grant permission to:
(a) attempt to login/reconfigure/attack the Nextera equipment
(b) open Nextera equipment
(c) remove any proprietary notices or labels on the Nextera equipment
(d) modify, translate, reverse-engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Nextera equipment
(e) rent, sell or otherwise transfer the Ne equipment (except to the extent assignable pursuant to the terms of this Agreement).
9. Customer Obligations. In consideration of Customer's use of the service, Customer agrees to:
(a) provide true, accurate, current, and complete information as prompted by the service's registration or member sign-up form (such information being the "Registration Information");
(b) maintain and promptly update the Registration Information to keep it true, accurate, and complete;
(c) refrain from using the service for any purpose that is unlawful or prohibited by this Agreement. If Customer provides any information that is untrue, inaccurate, not current, or incomplete, or if Nextera has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Nextera has the right to suspend or terminate Customer's account and refuse any and all current or future use of the service (or any portion thereof).
10. Service Eligibility. The service is available only to individuals and entities that can form legally binding contracts under applicable law and their permitted agents and assigns (i.e., family members, friends, etc.).
(a) Customer is responsible for the use of the service by anyone other than Customer at all times without exception. Nextera or any of its parents, subsidiaries, affiliates, agents, or assigns, may refuse the use of, and participation in, the service to anyone at any time, in its sole discretion.
(b) Receiving files from third parties, via any application (i.e., email) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to Customer, it is strongly recommended that Customer verifies that the person sending Customer these files is indeed the person Customer thinks he or she is, for example by asking for some kind of information known only to the Customer and such other person. Please make sure not to receive files from users Customer does not trust, from users Customer is not sure they are whom they say they are, or whenever Customer is not sure Customer wants to receive the files.
(c) If Nextera identifies that a certain IP address/block is the source of illegal network activity, such as hacking, DDOS-Distributed Denial of service attacks, and SYN flood, Nextera may block Internet access to/from that IP address/block without any advance notice.
(d) If Nextera identifies that a certain email domain is “spamming” or using “email relay,” Nextera will block any email coming from that email domain without any advance notice.