Acceptable Use Policy

IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO ENSURE THE INTEGRITY OF Cherry Capital Connection, LLC HIGH-SPEED INTERNET ACCESS (“SERVICE”), Cherry Capital Connection, LLC HAS ADOPTED THIS ACCEPTABLE USE POLICY.

PLEASE READ THIS ACCEPTABLE USE POLICY PRIOR TO ACCESSING THE SERVICE. THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY PERSON, ENTITY OR BUSINESS ORGANIZATION THAT SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. Cherry Capital Connection, LLC RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE CUSTOMER’S SERVICE WITHOUT NOTICE, AT Cherry Capital Connection’s SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S SERVICE, VIOLATE THIS ACCEPTABLE USE POLICY. Cherry Capital Connection, LLC ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT CHERRY CAPITAL CONNECTION’S SOLE DISCRETION WITHOUT PRIOR NOTICE.

1. USE

The high-speed Internet access service provided to the Customer is being provided solely for use in Customer’s location and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and relieves Cherry Capital Connection of any affirmative obligations it may have.

Customer will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access.

Cherry Capital Connection, LLC reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy.

Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service.

2. END USERS

Customer is responsible for ensuring that all end users of the Service comply with this AUP. Cherry Capital Connection, LLC may disconnect Service if an end user violates this AUP. The Customer must make contact information publicly available, and must respond in a timely manner to any complaints. Cherry Capital Connection, LLC shall consider any complaints regarding the Customer’s end users to apply to the Customer. Customer is responsible for any and all e-mail addresses associated with the Customer’s account.

The Customer is responsible for any misuse of the Service, whether by authorized or unauthorized end users. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.

If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party.

3. NO ILLEGAL OR FRAUDULENT USE

Customer will not use, nor allow others to use, the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children’s Online Privacy Protection Act). Customer will not use, nor allow others to use, the Service to commit a crime, act of terrorism, or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters.

4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT

Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person, entity or business organization. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software.

If Cherry Capital Connection, LLC receives a notice from a copyright owner alleging a Customer has committed copyright infringement, Cherry Capital Connection, LLC will notify the Customer of the alleged infringement. If Cherry Capital Connection, LLC receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” Cherry Capital Connection, LLC reserves the right to terminate the accounts and access to the Service of repeat copyright infringers.

5. NO THREATS OR HARASSMENT

Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

6. NO HARM TO MINORS

Customer will not use, nor allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials.

7. NO “SPAMMING"

Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation (“spamming”). Cherry Capital Connection, LLC reserves the right, in Cherry Capital Connection’s sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. This prohibition against spamming is applicable to mass mailings by Customers in conjunction with third parties and is designed to maintain Service quality for all Customers. Mass mailings are those sent to more than 150 recipients by Customer or in conjunction with a third party to any group of recipients. Customer is responsible for maintaining confirmed opt-in records and must provide them to Cherry Capital Connection, LLC upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.

8. NO “HACKING"

Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.

9. NO SYSTEM DISRUPTION

Customer will not use, nor allow others to use, the Service to disrupt Cherry Capital Connection's network or computer equipment owned by other Cherry Capital Connection, LLC customers. Any static IP address must be authorized and provisioned by Cherry Capital Connection, LLC. Customer also agrees that Customer will not use, nor allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.

10. NO IMPERSONATION OR FORGERY

Customer will not impersonate, nor allow others to impersonate, another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service.

11. NO ABUSE OF NEWSGROUPS

Customer will not post, nor allow others to post, a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.

12. NO EXCESSIVE USE OF BANDWIDTH

If Cherry Capital Connection, LLC determines, in Cherry Capital Connection’s sole discretion, that Customer is using an excessive amount of bandwidth over the Cherry Capital Connection, LLC network infrastructure for Internet access or other functions using public network resources, Cherry Capital Connection, LLC may at any time and without notice, suspend excessive bandwidth capability, suspend Customer’s access to the Service, require Customer to pay additional fees in accordance with Cherry Capital Connection’s then-current, rates for such service, or terminate Customer’s account.

13. NO ALTERATION TO INSTALLATION

If Cherry Capital Connection, LLC determines, in Cherry Capital Connection’s sole discretion, that Customer has modified or added to the service equipment, Cherry Capital Connection, LLC may at any time and without notice, suspend Customer’s access to the Service, require Customer to pay additional fees in accordance with Cherry Capital Connection’s then-current, rates for such service, or terminate Customer’s account.            

14. NO “VIRUSES”

Customer will not use, nor allow others to use, the Service to transmit computer “viruses,” worms, “Trojan horses” or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software.

15. NO WAIVER

The failure by Cherry Capital Connection, LLC or its affiliates to enforce any provision of this AUP shall not be construed as a waiver of any right to do so at any time.

16. REVISIONS TO POLICY

Cherry Capital Connection, LLC reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this Policy may be given by posting such changes to Cherry Capital Connection’s homepage www.cccwifi.com , by electronic mail or by conventional mail.

Acceptable Use Policy, Version 1.1

SERVICE AGREEMENT

Welcome to the Service offered by Cherry Capital Connection, LLC wireless Internet access network (the "Service"). This Member Service Agreement (this "Agreement") represents a binding agreement between Wireless Network Services, Inc. d/b/a Service offered by Cherry Capital Connection, LLC ("Service offered by Cherry Capital Connection, LLC") and you ("you"), a user of the Service.

THIS AGREEMENT WILL GOVERN YOUR USE OF THE SERVICE, AND YOU SHOULD READ IT CAREFULLY BEFORE PROCEEDING TO USE THE SERVICE.  BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE. (cancellation terms)

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

You must have certain hardware in order to access and use the Service. You will be solely responsible for obtaining and maintaining the communications equipment necessary to access and use the Service, including wireless or standard network cards, computer hardware and software, and for ensuring that such equipment is compatible with Service offered by Cherry Capital Connection's requirements. Please contact Service offered by Cherry Capital Connection, LLC directly should you have any compatibility or other equipment questions.

You agree to pay Service offered by Cherry Capital Connection, LLC for your use of the Service. In exchange for your use of the Service, you agree to pay usage fees (plus any applicable sales taxes) to Service offered by Cherry Capital Connection, LLC according to the membership plan or other payment option selected by you.

Service offered by Cherry Capital Connection, LLC will provide you with Network access via the Service. Provided that you comply at all times with the terms of this Agreement, Service offered by Cherry Capital Connection, LLC will provide you with high-speed, wireless Internet access in locations that offer a Service offered by Cherry Capital Connection, LLC Access Point. In order to access and make full use of the Service, you must first register with Service offered by Cherry Capital Connection, LLC and select an identifying user name (the "User ID") and a confidential password (the "Password"). Any information that you provide to Service offered by Cherry Capital Connection, LLC must be truthful, accurate, current and complete, and you agree that you will notify Service offered by Cherry Capital Connection, LLC immediately if there is any change to this information.

Service offered by Cherry Capital Connection, LLC owns the Service and all rights to the Service. Service offered by Cherry Capital Connection, LLC owns all right, title, and interest in and to the Service, the Network, the Site and all portions thereof. Service offered by Cherry Capital Connection, LLC, Service offered by Cherry Capital Connection, LLC. COM, and Service offered by Cherry Capital Connection, LLC NETWORK are trademarks of Service offered by Cherry Capital Connection, LLC. Nothing provided by the Service or contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by Service offered by Cherry Capital Connection, LLC or by any third party.

The Service offered by Cherry Capital Connection, LLC Terms of Acceptable Use and other online policies govern your use of the Service and the Site at all times. Your use of the Service is governed at all times by the Service offered by Cherry Capital Connection, LLC Terms of Acceptable Use, as well as any other online policies that may be promulgated by Service offered by Cherry Capital Connection, LLC and made available on the Site.  You agree to permit Service offered by Cherry Capital Connection, LLC or its representatives to access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. Service offered by Cherry Capital Connection, LLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Service offered by Cherry Capital Connection, LLC reserves the right to terminate your account immediately, with or without notice to you, and without liability to you, if Service offered by Cherry Capital Connection, LLC believes that you have violated this Agreement, any of the Terms of Acceptable Use or any other online policy, furnished Service offered by Cherry Capital Connection, LLC with false or misleading information, or interfered with use of the Service by other users. Service offered by Cherry Capital Connection, LLC further reserves the right to terminate any accounts that have been inactive for one hundred eighty (180) days or longer. Service offered by Cherry Capital Connection, LLC may modify, suspend or discontinue the Service at any time, with or without notice, and without liability to you, any other user or any third party.

You are responsible for maintaining the confidentiality of your account information. Sharing your Password or your User ID with anyone else is a violation of this Agreement, and if at any time Service offered by Cherry Capital Connection, LLC learns that you have given others access to your User ID or Password, Service offered by Cherry Capital Connection, LLC reserves the right to terminate your access to the Service immediately. You are solely responsible for maintaining the security of your Password and User ID, as well as your account, files, network access, and any information you disseminate through the Service, and for any and all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.

Service offered by Cherry Capital Connection, LLC respects your privacy and permits you to control the treatment of your personal information. Under Service offered by Cherry Capital Connection, LLC's privacy policy, Service offered by Cherry Capital Connection, LLC may disclose to third parties certain aggregate, non-personalized information contained in your registration application, but Service offered by Cherry Capital Connection, LLC will not disclose your name, address, email address or telephone number without your prior consent, except as may be required by law. Service offered by Cherry Capital Connection's privacy policy is expressly incorporated into this Agreement by this reference.

Service offered by Cherry Capital Connection, LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring with the Service or on the Site. You acknowledge that Service offered by Cherry Capital Connection, LLC has adopted a policy that provides for the immediate suspension and/or termination of any user of the Site who is found to have infringed on the rights of Service offered by Cherry Capital Connection, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. This policy is set forth in greater detail in the Service offered by Cherry Capital Connection, LLC Terms of Acceptable Use.

Service offered by Cherry Capital Connection, LLC Disclaims All Warranties (Please Read this Carefully). Service offered by Cherry Capital Connection, LLC is providing the Service to you "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Service offered by Cherry Capital Connection, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND Service offered by Cherry Capital Connection's PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Service offered by Cherry Capital Connection, LLC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Service offered by Cherry Capital Connection's Liability to You is Limited (Please Read this Carefully). You understand and acknowledge that the Service may contain errors, design flaws, or other problems, and that use of the Service may result in unpredictable damage or loss to you, including without limitation unexpected results or loss of data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Service offered by Cherry Capital Connection, LLC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEE ABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY Service offered by Cherry Capital Connection, LLC. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Without limiting the foregoing, in no event will Service offered by Cherry Capital Connection's aggregate liability to you relating to or arising out of this Agreement, whether in contract, tort or otherwise, exceed the total amounts paid by you to Service offered by Cherry Capital Connection, LLC for your use of the Service as set forth herein.

Service offered by Cherry Capital Connection, LLC has no control over, and no liability for any third-party websites or materials. Service offered by Cherry Capital Connection, LLC works with a number of partners and affiliates whose Internet sites may be linked with the Site or otherwise accessible via the Service. Because Service offered by Cherry Capital Connection, LLC has no control over the content and performance of these partner and affiliate sites, Service offered by Cherry Capital Connection, LLC makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Service offered by Cherry Capital Connection, LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Service or the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Service offered by Cherry Capital Connection, LLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third-party content, and that, unless expressly provided otherwise, this Agreement (including the Service offered by Cherry Capital Connection, LLC Terms of Acceptable Use) will govern your use of any and all third-party content.

You agree to indemnify Service offered by Cherry Capital Connection, LLC for all of your acts and omissions. You agree to indemnify, defend and hold harmless Service offered by Cherry Capital Connection, LLC, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Service, your violation of the Terms of Acceptable Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Service offered by Cherry Capital Connection, LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. This Agreement will insure to the benefit of Service offered by Cherry Capital Connection's successors, assigns and licensees.

Certain Other, General Terms Apply to this Agreement.

This Agreement shall be construed in accordance with and governed by the laws of the United States, without reference to its rules regarding conflicts of law.

If, for whatever reason, a court of competent jurisdiction were to find any term or condition in this Agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

The Service is controlled and operated by Service offered by Cherry Capital Connection, LLC from its offices in the State of Michigan. Service offered by Cherry Capital Connection, LLC makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of the Service should not be construed as Service offered by Cherry Capital Connection, LLC' purposefully availing itself of the benefits or privilege of doing business in any state other than Michigan.

This Agreement, including the Service offered by Cherry Capital Connection, LLC Terms of Acceptable Use, the Service offered by Cherry Capital Connection, LLC privacy policy, and any and all other online policies promulgated by Service offered by Cherry Capital Connection, LLC, constitutes the entire agreement between Service offered by Cherry Capital Connection, LLC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Service offered by Cherry Capital Connection, LLC may, in its sole discretion and without prior notice: (a) revise the terms and conditions of this Agreement (including any online policy); (b) revise its billing rates and other fees; and (c) modify the Service at any time. Service offered by Cherry Capital Connection, LLC will post any such revision or modification to the Site, and the revision or modification will be effective immediately upon such posting.

You agree to review this Agreement and the online policies as posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use Service following notice of any revision, you agree to abide by any such revision.

Service Policy, Version 2.1