Acceptable Use Policy

(en español)

Effective October 19, 2007
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH CLEARWIRE FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY CLEARWIRE AS SET FORTH BELOW.

Clearwire US  LLC and its affiliates (collectively “Clearwire”) have designed this Acceptable Use Policy (“AUP”) with a view towards enhancing the use of Clearwire’s services by designating standards for acceptable use and standards for prohibiting unacceptable use. This AUP forms part of the agreement between Clearwire and you and is incorporated by reference into Clearwire’s Terms and Conditions (the “Terms and Conditions”) found at www.clearwire.com; terms used in this AUP are used as defined in the Terms and Conditions. All subscribers of the Service (anyone who uses or accesses the Service) must comply with, and shall be bound by the terms of, this AUP.

Activities we would appreciate you avoiding. For the benefit of all of users of the world wide web (also known as the information super highway), as a condition of the Service, Clearwire prohibits the following activities:

Unlawful or Improper Use of the Service. You may not use the Service in a manner prohibited by any applicable laws or regulations, as determined by Clearwire in its sole discretion. In addition, you may not use the Service to damage, disable, overburden, or impair any Clearwire property, or in any way that directly or indirectly interferes with or disrupts any network or adversely affects another’s use or enjoyment of any Service or network, including other Clearwire subscribers. The Service is intended for periodic, ordinary active use. You may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.

Excess Utilization of Network Resources.  You may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources (i.e. excessive peer to peer applications or continuous FTP uploading or downloading, or commercial purposes (except where permitted by Clearwire)), or which may weaken network performance, as determined in Clearwire’s sole discretion.  Clearwire may use various network tools and methods in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy.  These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, internet port monitoring and managing network resources through techniques such as limiting the aggregate bandwidth available for certain bandwidth intensive protocols such as peer-to-peer applications and newsgroups.

Objectionable Material. You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation.

Junk E-mail. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, “Spam”). Clearwire considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

Fraudulent Activity. You may not use the Service 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”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communication.

Impersonation. You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

Software Viruses You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties.   To protect our customers Clearwire does monitor Internet ports that are considered to be security risks as determined by Clearwire in its sole discretion.   

Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.

Newsgroups. You should use your 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. You must abide by such guidelines. You may not post or list articles which are off-topic according to the description of the group or send unsolicited mass e-mailings to ten or more people if such e-mail could reasonably be expected to provoke complaints from its recipients. Without limiting any other rights or remedies that Clearwire may have under this AUP, the Terms and Conditions or applicable law, Clearwire may cancel any postings that violate this AUP as determined by Clearwire in its sole discretion.

Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without Clearwire’s prior written consent . You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

Security Precautions You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

Violations of AUP. In the event that you violate this AUP, Clearwire may, without limitation, restrict your access to Clearwire’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service for any violation of the AUP as determined in its sole discretion. In the event of termination of your Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of Clearwire are cumulative and not exclusive of any rights or remedies that Clearwire may otherwise have at law or in equity. Waiver of any violation of this AUP by Clearwire shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Clearwire in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. You should read this AUP in conjunction with our Terms and Conditions and our other Policies which are set forth on our website. Clearwire has the right but not the obligation to monitor or restrict any uses of the Service that Clearwire believes in its sole discretion violates this AUP, any part of the Terms and Conditions, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

Personal Websites. Clearwire offers subscribers a certain amount of disk space for hosting website(s) (“Web Space”), depending on the Service level selected. Web Space is defined as a file system allocation on one or more of Clearwire’s publicly available web servers that is used for the sole purpose of displaying or providing information to the public Internet community. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (the “Content”) contained within your Web Space, and are further responsible for obtaining any third-party consent or permission required for the use thereof. Clearwire does not inspect or otherwise participate in the posting of Content to its subscribers’ Web Space and, as such, does not guarantee the accuracy, integrity, security, or quality of such Content. Clearwire disclaims any liability for the security of any Content posted on the Web Space; all such Content is stored at your risk. Such Web Space is available freely to anyone using the Internet. Clearwire reserves the right at any time, and periodically, to modify or discontinue, temporarily or permanently, your Web Space, with or without notice. Clearwire may, in its sole discretion, terminate your Web Space, and remove any Content contained on your Web Space for any reason, including, without limitation, lack of use, or the reasonable belief that you have violated this AUP. You acknowledge that Clearwire will not be liable to you or to any third party for any modification, suspension, or discontinuance of your Web Space.

Reporting Violations. Clearwire requests that any person who becomes aware of a violation of this AUP report the information to Clearwire at abuse@clearwire.com. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. Clearwire may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Note that inquiries relevant to the following procedure only will receive a response.

Revisions; Reservation of Rights. Clearwire reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on Clearwire’s website. You agree that your continued use of the Service after the effective date of any such revision, amendment or modification will constitute your acceptance thereof and you shall thereafter be bound by the terms of this AUP, as revised, modified or amended. IT IS YOUR RESPONSIBILITY TO CHECK CLEARWIRE’S WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.