Acceptable Use Policy

3E8 Broadband Solutions, LLC d/b/a empower Delivered by Craighead Electric (“empower”) sets forth the following policy regarding broadband service and internet use through and from empower’s fiber network (“empower’s Services”). This Acceptable Use Policy (“AUP”) shall govern the use of empower’s Services. Use of empower’s Services hereby binds the user of such services to the terms and conditions of empower’s Acceptable Use Policy (the “User”). empower may modify this AUP at any time.

General Use of empower’s Services:

The User of empower’s Services (an account holder of empower) along with members of User’s household and guests shall have the right to the use of empower’s Services as long as User complies with the AUP. User shall not sell, transfer, lease or assign all or part of empower’s Services to others. No one, other than members of User’s household and their guests with permission of the members of User’s household, shall access empower’s Services through User’s account by the use of a wireless router or other means. Further, User shall be responsible for all traffic, transmissions or passing of information in and out of User’s account with empower. The internet may contain material that is unsuitable for minors, and User agrees to supervise and to accept sole responsibility and liability for any use of empower’s Services by minors through User’s account with empower.

Violation of the AUP:

As a result of any violation of the AUP, empower may take the following actions:

a. issue a warning;

b. suspension of empower’s Services; or

c. termination of empower’s Services.

In the event of a violation, empower may, in its sole discretion, provide User with notice by electronic mail or otherwise of the violation and an opportunity to correct the violation. However, empower hereby reserves the right to act immediately, without notice, to suspend or terminate empower’s Services to User in response to a court order or other legal instances or when empower, in its sole discretion, determines the action, conduct or activity of the User may:

a. expose empower to sanctions, prosecution, fines or civil action;
b. cause harm to or interfere with other Users of empower’s Services;
c. cause damage or harm to empower, its name or reputation or its equipment,
operation or facilities;
d. interfere with empower’s operation in any manner whatsoever; or
e. be in violation of any Federal, state or local law or regulation.

Prohibited Uses:

User shall not use or to allow others to use empower’s Services for any illegal or inappropriate activities, including the following:
a. invading another person’s privacy;
b. unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material;
c. posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or fraudulent;
d. delivering spyware or secretively or deceptively obtaining confidential or personal information of others;
e. intentionally spreading computer viruses;
f. conducting or participating in illegal gambling; or
g. making fraudulent claims as to products, items or services;
h. providing altered, deceptive, or false information about the identity of the sender or the origin of a message or phone call.

Additionally, the following actions or activities are prohibited:

a. sending mass emails (the volume of which disrupts or creates a problem for Users of empower’s service) or mail bombing (sending excessively large attachments or repeated attachments to others with the intent of disrupting or creating a problems for empower or its Users);
b. transmitting or retransmitting emails which mislead the recipient(s) of the email(s) of their true origin;
c. facilitating spam;
d. infringing on copyrights; or
e. pirating software.

Further, empower may refer any violation or prohibited use to proper authorities or take whatever action it deems necessary to prevent, resolve, report or correct a violation or prohibited use of the UAP or applicable law.