BROADBAND ACCEPTABLE USE POLICY

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BROADBAND CONSUMER WIMAX ACCEPTABLE USE POLICY

1.0 You may not access or use our Service to violate the law or aid another in any unlawful act. You are responsible for any transmission you send, receive, post, access, or store via our network. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

1.1 restricting or inhibiting any other Customer from using the Service;

1.2 posting, publishing, reproducing, distributing or transmitting any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;

1.3 posting or transmitting any information or software that contains a Trojan, worm, virus or other harmful component;

1.4 posting, publishing, transmitting, reproducing, distributing or in any way exploiting any information, software or other material obtained through the Service for commercial purposes;

1.5 uploading, posting, publishing, transmitting, reproducing, or distributing in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;

1.6 uploading, posting, publishing, transmitting, reproducing or distributing in any way any component of the Service or derivative works, as are copyrighted as a collective work under Jamaican or International copyright laws;

1.7 removing or altering copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;

1.8 avoiding, bypassing, removing, deactivating or circumventing by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;

1.9 sending unsolicited e-mail or any e-mail that causes complaints from the recipients of the unsolicited e-mail;

1.10 sending large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mail-bombing');

1.11 making any unauthorized attempt to gain access to any account or computer resource not belonging to that Customer (also known as 'spoofing', „phishing? or „vishing?);

1.12 obtaining or attempting to obtain Service by any means or device with intent to avoid payment;

1.13 making any unauthorized access, alteration, destruction, or any attempt, of any information of any Digicel Customers or end-Customers by any means or device;

1.14 knowingly engaging in any activities that will cause a Denial of Service (DoS) (e.g.,
synchronized number sequence attacks) to any Digicel Customers or end-Customers, or any other person;

1.15 using Digicel's products and Service to interfere with the use of Digicel's network by other Customers or authorized customers or any other person;

1.16 running programs or servers that provide network services to others through the Service ("web hosting"), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated Into this Agreement;

1.17 using the Service in such a way as to impair or degrade the operation or performance of the Service and/or Digicel's network, including but not limited to abusive or excessive use; or

1.18 reselling or providing access to the Service or to any other Digicel service to any third party not located on the same premises, without the prior express written consent of Digicel. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;

2.0 The Internet contains unedited materials that Customers may find offensive or objectionable. Customers access such materials at their own risk. Digicel has no control over and accepts no responsibility for these materials. Customers may wish to utilize software designed to limit access to certain material on the Internet.

2.1 Digicel is not responsible for content or policies available on other sites linked to its site. Use of any links to other web pages, is at the Customers own risk.

2.2 As excessive use by individual Customers may adversely impact the performance of other Customers on the network, Digicel reserves the right to manage the traffic on its network so as to ensure the best use of the resources involved in providing this Service.

2.2.1 Uploads:

The service provided is for personal and not commercial use. Commercial use shall include any form of web hosting, hosting of a download server of any nature or hosting of an email server, whether provided for financial gain or not.

2.2.2 Downloads:

The Customer shall be entitled to use the Service to download material from the Internet onto their computer/s and shall be entitled to all reasonable access for this purpose. However the Customer acknowledges that the Service is a shared service and that all Customers are entitled to a reasonable quality of service, and agrees that their usage will be reasonable and undertakes not to do anything that may prevent other Customers from having reasonable access to their service.

Reasonable access may be determined by using criteria such as, but not limited to, the daily duration for which the Customer downloads material for a continuous period of time, the amount of data downloaded where the average use by the Customer exceeds the normal average use for all Customers by more than a factor of 5, the length of time that the Customer downloads continuously over any period of time, and such other reasonable criteria as Digicel may develop.

Digicel may take such measures as it deems necessary, including termination of service, restricting capacity during periods when other Customers may experience unsatisfactory service due to the actions of the Customer or bundling the connection of the Customer with other similar profiled Customers so that they will not interfere with other Customer.

2.3 Digicel may take any action it deems appropriate without notice to protect the Service or its operations. If Digicel denies Customers access to the Service pursuant to this Section, Customers will have no right;

2.3.1 to access through Digicel to any materials stored on the Internet; or

2.3.1 to access third party services, merchandise or information on the Internet through Digicel, and Digicel will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.

2.4 Customers agree that Digicel may monitor the Service electronically from time to time, and consent to Digicel's access, use and disclosure of any information as necessary to satisfy any law, court order, summons, statute, regulation or other governmental request, to operate the Service properly, to improve the Service, or to protect itself or its Customers. Digicel reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Acceptable Use Policy.

2.5 Any network address assignments issued by Digicel (i.e., Class C address Internet Protocol numbers) are the property of Digicel and are considered to be loaned to its Customers. In the event the Service is discontinued for any reason, such IP addresses will revert to Digicel immediately.

2.6 If Digicel determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, Digicel may, without incurring liability to any Customer, suspend, restrict, terminate, or take any other appropriate action with regard to your Service without any obligation to refund fees paid and Digicel reserves the right to take such actions without notice to you.

2.7 Customers may use the WiFi functionality in the CPE modem for a fully “no wires” Internet experience within their premises. WiFi is configurable to restrict the number of concurrent WiFi users to four (4). Configuration of WiFi access is the responsibility of the customer. The customer is also responsible for Network security related to their setting up of WiFi Access.

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BROADBAND ACCEPTABLE USE POLICY