Always-On High-Speed Internet Service

QRO WIRELESS OF IDAHO High Speed Internet Access Service
**Acceptable Use Policy**

Last modified: June 2012

Important Note: QRO WIRELESS OF IDAHO, Inc., may revise this Acceptable Use Policy from time to time without notice by editing the information on this page. Accordingly, users of the QRO WIRELESS OF IDAHO residential services should consult this page regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this policy, the terms of this policy will govern. Questions regarding this policy can be directed to - Contact Us. Complaints of violations of this policy by QRO WIRELESS OF IDAHO users can be directed to - Contact Us. Visit http://www.qroidaho.com to review QRO WIRELESS OF IDAHO Network Management Disclosure Statement.

INTRODUCTION

QRO WIRELESS OF IDAHO, provides a variety of Internet services to residences and businesses (the "Services"). The QRO WIRELESS OF IDAHO residential service allows subscribers to connect to the Internet through a high-speed Internet access connection. The Services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the Services therefore is subject to the rules and guidelines set forth below. Each customer of QRO WIRELESS OF IDAHO is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE QRO WIRELESS OF IDAHO CUSTOMER SERVICE DEPARTMENT SO THAT THE USER'S ACCOUNT MAY BE CLOSED.

I. PROHIBITED USES AND ACTIVITIES

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or impede QRO WIRELESS OF IDAHO from providing the Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Services, customer-provided equipment, or QRO WIRELESS OF IDAHO-provided equipment, either individually or in combination with one another, to:

Technical Restrictions

Network and Usage Restrictions

II. CUSTOMER CONDUCT AND FEATURES OF THE SERVICE

What are your obligations under this Policy?
You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you should take steps to ensure that others do not gain unauthorized access to the Services and ensure that users you have authorized do not engage in any of the “Prohibited Uses and Activities” identified above.

You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, QRO WIRELESS OF IDAHO recommends against enabling file or printer sharing of any sort. QRO WIRELESS OF IDAHO recommends that any files or services you do choose to make available for remote access be protected with a strong password, personal firewall or as otherwise appropriate.

How Does QRO WIRELESS OF IDAHO address inappropriate content and transmissions?
There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly to children. QRO WIRELESS OF IDAHO does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and QRO WIRELESS OF IDAHO shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. QRO WIRELESS OF IDAHO reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. QRO WIRELESS OF IDAHO does not have any obligation to monitor transmissions made on the Services. However, QRO WIRELESS OF IDAHO does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing QRO WIRELESS OF IDAHO to reproduce, publish, display, transmit and distribute such content as necessary for QRO WIRELESS OF IDAHO to deliver the content in a timely manner.

What requirements apply to Electronic Mail?
The Services may not be used to or distribute e-mail or other forms of communications in violation of the "Prohibited Uses and Activities" described above. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Services. You may not create a username or email address that, in the sole judgment of QRO WIRELESS OF IDAHO, is pornographic, patently offensive or misleading. You may not reference the QRO WIRELESS OF IDAHO network (e.g., by including "Organization: QRO WIRELESS OF IDAHO " in the header or by listing an IP address that belongs to the QRO WIRELESS OF IDAHOnetwork) in any unsolicited email even if that email is not sent through the QRO WIRELESS OF IDAHO network. In the event that QRO WIRELESS OF IDAHO believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, QRO WIRELESS OF IDAHO (i) reserves the right to block access to and prevent the use of any of these identifiers, and (ii) may at any time require any customer to change his or her identifier. QRO WIRELESS OF IDAHO may at any time reserve any identifiers on the Service for QRO WIRELESS OF IDAHO's own purposes. QRO WIRELESS OF IDAHO is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at QRO WIRELESS OF IDAHO's sole discretion. QRO WIRELESS OF IDAHO is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. In addition, QRO WIRELESS OF IDAHO may suspend or delete a QRO WIRELESS OF IDAHO email address after three (3) months of inactivity or other evidence of non-use.

What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. QRO WIRELESS OF IDAHO assumes no responsibility for the timeliness, mis-delivery or deletion of, or any failure to store, these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

III. NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION

The QRO WIRELESS OF IDAHO network is designed for typical usage by a typical residential computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on our network is a limited, shared resource among subscribers. Because we seek to provide the Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, file storage and other limitations on the Service. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole but reasonable judgment of QRO WIRELESS OF IDAHO) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede QRO WIRELESS OF IDAHO's ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services. QRO WIRELESS OF IDAHO is committed to ensuring each customer use their fair share in order to keep the Service as affordable as possible for all.

How does QRO WIRELESS OF IDAHO manage its Network?
QRO WIRELESS OF IDAHO strives to provide customers the best experience when using our network, a shared resource among hundreds of customers. To help achieve this, if you use an extraordinary amount of data, based on your data plan or service level, and fall within the top 5% of QRO WIRELESS OF IDAHO’s data users we may reduce your data throughput speeds periodically for the remainder of your then current billing cycle and next billing cycle to ensure high quality network performance for other users during times of peak demand. Our proactive management of the QRO WIRELESS OF IDAHO network and the Service is designed to ensure that the remaining 95% of data customers aren't negatively affected by the inordinate data consumption of just a few users.

QRO WIRELESS OF IDAHO also may also use other tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Subscriber Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) limiting speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different data plan, and (v) using other tools or techniques that QRO WIRELESS OF IDAHO may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.

How does QRO WIRELESS OF IDAHO track usage?
We collect data on customer traffic pattern usage through the use of traffic management software. QRO WIRELESS OF IDAHO reserves the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.

What is Excessive Use?
Excessive use means bandwidth or data usage that is significantly higher than typical usage for which our network is designed. Excessive Users consume so much data that their usage could negatively impact the Service provided to other customers.

Excessive Users demonstrate sustained usage patterns at high volumes over many hours. These patterns are consistent with unattended usage and create a costly burden on the network, especially during peak usage hours. Excessive users are those who exceed the following daily threshold more than one-half of the days in their billing cycle:

Excessive Use Daily Threshold
(combined upstream & downstream)

How does QRO WIRELESS OF IDAHO address Excessive Use or uncharacteristic use?
The QRO WIRELESS OF IDAHO residential service offering is a consumer product designed for personal use of the Internet. Therefore, if QRO WIRELESS OF IDAHO in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using the Service in a manner significantly uncharacteristic of a typical residential user, QRO WIRELESS OF IDAHO reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with QRO WIRELESS OF IDAHO’s then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by QRO WIRELESS OF IDAHO at its sole discretion to slow the user’s service for purposes of conserving bandwidth.

What activities may cause excessive bandwidth consumption and uncharacteristic use?
Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files, (STREAMING VIDEO'S) such as netflix, hulu and other video sites and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by QRO WIRELESS OF IDAHO or a third party. Usage uncharacteristic of a residential account includes factors such as sustained high usage day and evening, consumption of data greater than 95% of other customers or numerous simultaneous connections.

What services are restricted to Residential service users?
The Service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the QRO WIRELESS OF IDAHO residential service, nor may you provide network services to others via the QRO WIRELESS OF IDAHO residential service . Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums. For information about commercial Internet pricing, please see http://www.qroidaho.net

What is the tipical bandwidth usage per day?
The average user uses 1 gig or less bandwidth per day

IV. VIOLATION OF THIS ACCEPTABLE USE POLICY

What happens if you violate this policy?
QRO WIRELESS OF IDAHO reserves the right to suspend without notice or terminate the Service and your Subscriber Agreement if you violate the terms of this Policy or the Subscriber Agreement.

How does QRO WIRELESS OF IDAHO enforce this Policy?
QRO WIRELESS OF IDAHO does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although QRO WIRELESS OF IDAHO has no obligation to monitor the Services and/or the network, QRO WIRELESS OF IDAHO reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and QRO WIRELESS OF IDAHO users. QRO WIRELESS OF IDAHO prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which QRO WIRELESS OF IDAHOe, in its sole but reasonable discretion, believes violate this Policy, QRO WIRELESS OF IDAHO may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. QRO WIRELESS OF IDAHO will not have any liability for any such responsive actions. The above described actions are not QRO WIRELESS OF IDAHO's exclusive remedies and QRO WIRELESS OF IDAHO may take any other legal or technical action it deems appropriate. QRO WIRELESS OF IDAHO reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on QRO WIRELESS OF IDAHO's servers and network. During an investigation, QRO WIRELESS OF IDAHO may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize QRO WIRELESS OF IDAHO to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include QRO WIRELESS OF IDAHO providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, QRO WIRELESS OF IDAHO is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of QRO WIRELESS OF IDAHO to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Idaho.

V. MISCELLANEOUS PROVISIONS
customers are liable for any damage to QRO WIRELESS OF IDAHO equipment due to misuse or power surges at the customers home or business, or shorts due to customers fault. we reserve the right to bill you for the price of the replacement equipment that was damaged and a fair service charge not less then $40.00 hour for replacement and installation.

Communication
QRO WIRELESS OF IDAHO may choose to communicate with you regarding these policies using a variety of methods including email to your QRO WIRELESS OF IDAHO email address or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message.

Limitations of Liability
QRO WIRELESS OF IDAHO will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. QRO WIRELESS OF IDAHO reserves the right to interrupt the Service usually between the hours of 1am to 5am (MST or Local) for maintenance purposes. Also understand that QRO WIRELESS OF IDAHO has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond QRO WIRELESS OF IDAHO's control. As to QRO WIRELESS OF IDAHO’s own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. While QRO WIRELESS OF IDAHO employs virus and spam checking software, the speed of new virus and spam creation is such that QRO WIRELESS OF IDAHO does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Service is at your own risk and the Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, QRO WIRELESS OF IDAHO, will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, QRO WIRELESS OF IDAHO’s liability to you for all potential claims will not exceed the total amount of service fees paid during the preceding 1 month. As to consumer customers, some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Service.

Questions? Contact Us.
1-208-926-4689
1-877-394-8828
Copyright 2011, QRO WIRELESS OF IDAHO., All Rights Reserved.