WISPER ISP, INC. ACCEPTABLE USE POLICY

(Updated and Effective May 2021)

By subscribing to any residential or commercial broadband Internet and/or telephony service (collectively, the “Services” and individually, a “Service”) provided by Wisper ISP, Inc. (“Wisper”), Customer agrees not to use the Services for any unlawful purpose and to comply with all policies and terms of this Acceptable Use Policy (the “AUP” or “Policy”). This Policy, including its use restrictions, is in addition to the restrictions contained in Wisper’s Master Services Agreement (“Service Agreement”), which Customer previously entered into with Wisper. This Policy has been incorporated by reference into the Service Agreement.

Please read this Policy carefully prior to accessing the Services. The term “Customer” refers to the subscriber and any user of the Service. By using the Services, Customer agrees to the terms of this Policy and will require others using the Service through Customer’s account to abide by the terms of this Policy. Wisper regularly updates and amends this Policy (and may do so without notice at Wisper’s discretion) and Customer should periodically consult Wisper’s website to be sure Customer remains in compliance with this Policy. Customer’s continued use of the Service constitutes Customer’s continuing acceptance of and agreement to this Policy and any posted amendments to this Policy.

Wisper reserves the right to reclassify any Service to a higher grade or to immediately suspend or terminate any Service without prior notice for Customer’s failure to comply with any portion of this Policy or Service Agreement. (Please see the Service Agreement for details on the suspension and termination policy.) In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Services. Any violation of this Policy and Service Agreement may also lead to prosecution under state and/or federal law.  Wisper will also provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to a Customer or others.

Wisper will access or collect the following customer data (Name, email address, location, user’s phone, contact book data, user’s inventory of installed apps, and user’s screen recording.) Data will not be sold to a third party. Data will be used to help improve the customer service experience. This policy also applies to any Wisper Mobile Application.

For copyright infringement claims, Customer understands, acknowledges and agrees that Wisper may remove any content at any time that is alleged to infringe on a third party’s copyrights upon receiving a notice of infringement under the Digital Millennium Copyright Act (“DMCA”), and to terminate the Customer’s Service without prior notice if there is repeat infringement.  Please see the Wisper DMCA Copyright Infringement Notification Process (https://wisperisp.com/DMCA) for details.

1. PERMITTED USE. Customer’s permitted use of the Services will depend on whether Customer requests the Services for residential or commercial purposes.
   1. “Residential Service” includes all Services designated for personal and family use within a single home. The term “single home” means Customer’s home and includes any apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer agrees that only Customer and co-residents living in the same home will use the Services. The Services are being provided solely for residential use in Customer’s home and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Services is in violation of this Policy and the Service Agreement. Customer is solely responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household, guests or an authorized or unauthorized third party. Customer shall not use, or allow others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Customer shall not advertise that the Service is available for use by third parties or unauthorized users. Customer shall not resell or redistribute, or allow others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology.
   2. “Commercial Service” includes all Services designed for use by a business entity, or by an individual, in providing goods or services for sale or lease. Customer agrees that Customer will allow only Customer’s employees and patrons to utilize the Commercial Service within Customer’s office area. Commercial Service is provided solely for Customer’s business operations, 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 the Service Agreement. Customer is solely responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s employees, patrons, invitees, guests, or an authorized or unauthorized third party.
2. GENERALLY PROHIBITED ACTIVITIES FOR ALL SERVICES.
   1. Misuse of Services – Customer is responsible for any misuse of the Services, regardless of whether the inappropriate activity was committed by an invitee, licensee, agent, servant, guest, patron, employee or any other person who gains access to the Services. Therefore, Customer is responsible to take steps to ensure that others do not gain unauthorized access to the Services, for instance by strictly maintaining the confidentiality of Customer’s passwords or by appropriately protecting the use of Customer’s computer, network or any wireless devices. Customer is solely responsible for the security of any device Customer choose to connect to the Services, including any data stored on that device.
   2. Objectionable Use and Content – (i) any use that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or other rights, or otherwise objectionable in Wisper’s sole discretion; (ii) any use in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages not in compliance with the federal CAN-SPAM Act or the Telephone Consumer Protection Act (commercial or otherwise); (iii) publishing, distributing, or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; (iv) advertising, soliciting, selling or buying, or attempting to buy and sell any goods for any non-personal purpose under residential Services; (v) harvesting or otherwise collecting information about others, including email addresses or telephone numbers, without their consent; (vi) creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message or call; (vii) transmitting or uploading any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs or software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Customer owns or controls the rights thereto or have received all necessary consents; (viii) interfering with or disrupting networks connected to the Services or violate the regulations, policies or procedures of such networks; and (ix) attempting to gain unauthorized access to the Service, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
3. PROHIBITED INTERNET SERVICE ACTIVITIES. Customer shall use the Internet Service and related Equipment only for lawful purposes. Internet service activities specifically prohibited by Wisper include but are not limited to the following:
   1. Background and/or server-type applications – Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
   2. Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, but is not limited to, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s personal system.
   3. Flooding or abuse of other users – Flooding is deliberately repeating actions in quick succession in order to fill the screens of another user or to harass and takes place in numerous ways, including, but not limited to, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), mass mailings to multiple addresses, MSG/CTCP flooding on IRC, flooding a chat server, as well as other, less common methods.
   4. Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non-Wisper systems, networks, servers, websites or applications via the Wisper Network.
   5. Sharing of accounts – Sharing Customer’s Internet Service with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Wisper-issued IP address.
   6. PPP/SLIP emulation software – Since PPP/SLIP is a product offered by Wisper, Customers desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from Customer’s account by Wisper immediately upon discovery.
   7. Conducting commercial business through a personal residential account – The residential single-Customer Internet accounts provided by Wisper are designed for the home/casual Customer and may not provide the level of service, capacity or speed required for conducting commercial activity. Therefore, running a business with a residential account is not advisable. Please contact Wisper’s sales department to upgrade to a commercial account.
   8. Excessive Utilization of Network or System Resources – The excessive use or abuse the Wisper Network or system resources by Customer may have a negative impact on all other Customers. Accordingly, Customer 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, or which may weaken network performance, as determined in Wisper’s sole discretion. Such prohibited actions include, but are not limited to using the Service to host a web server site which attracts excessive traffic at Customer’s location, continuously uploading or downloading streaming video or audio, USENET hosting, or continuous File Transfer Protocol (“FTP”) uploading or downloading, and continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system.
   9. Email abuse – Email abuse typically comes in one of three forms, the sending or transfer of a message to unsolicited individuals not in compliance with the Federal CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.
   10. USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
   11. Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
   12. Pirated software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Wisper. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
   13. High-traffic websites – Individual accounts using Wisper are intended to provide access to individuals only. As most individual pages are fairly low-traffic, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrades performance for other users’ pages. Due to this problem, Wisper must implement certain limitations on the amount of traffic an individual Customer‘s home page can receive so that all Customers will receive optimal service. Typically, a page can safely transfer 250 Mbps per day without causing excessive load on the host system. Websites generating more than this must be moved to Wisper’s Web Hosting service, where Wisper is better able to deal with the extra traffic.
4. PROHIBITED TELEPHONY SERVICE ACTIVITIES. Customer shall use the Telephony Service and related Equipment only for lawful purposes. Telephony Service activities specifically prohibited by Wisper include but are not limited to the following:
   1. Resell or transfer of the Telephony Service or Equipment to another party – Customer is prohibited from using the Telephony Service or Equipment for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
   2. Calls/Texts Abuse – Call/text abuse typically comes in one of three forms, the sending or transfer of a telephone call (as defined by the Federal Communications Commission to include text messages) to unsolicited individuals not in compliance with the Federal Telephone Consumer Protection Act, the sending of harassing and/or threatening calls to other callers, and the forging or spoofing of caller ID so as to make the call/text appear to be from another person.
   3. International Calling – Wisper does not presently offer or support the Telephony Service in any countries other than the United States. If Customer uses the Telephony Service or Equipment outside of the United States, Customer will be solely responsible for any violations of local laws and regulations, or additional charges and/or fees resulting from such use.

THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW, CHANGES TO OUR DESIGNATED AGENT, OR AT OUR CONVENIENCE WITHOUT ADVANCE NOTICE.  YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

Wisper ISP, Inc. DMCA Copyright Infringement Policy

Effective 4/2020

This is the official copyright infringement notification policy (“DMCA Policy”) for the website(s) and Service(s) owned, operated or provided by Wisper ISP, Inc., Southwest Mo No. 1 and YHTI (“Wisper” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively, “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively, “Service Agreements”).  This DMCA Policy is incorporated by reference into our Service Agreements.  The Service Agreements and thisDMCA Policy are legally binding on all Users.

How to Provide Notification for Claims of Copyright Infringement

If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:

Name of Service Provider: Wisper ISP, Inc. 

Name of Designated Agent: Nathan Stooke 

Postal Address:  9711 Fuesser Road, Mascoutah, IL  62258 

Telephone Number 800-765-7772

Email Address: nstooke@wisperisp.com   

If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.  YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Please see the “Repeat Infringer Policy” below.

Repeat Infringer Policy

Under certain circumstances we will terminate the privileges, account(s) and/or membership of Users that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User.  We will terminate a User’s account, membership, or subscription when that User has been notified for 12 complaints/violations for the same IP Address or account over a period of 12 months.  A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreements and shall indemnify and hold us harmless for any and all liability that we may incur.

How to Appeal the Removal of Material with a Counter-Notice If You Believe the Content Was Not Infringing

If you are a User who posted material that was removed in response to a notice of infringement or your access to our website(s) or Service(s) were disabled and you believe that such material was removed or disabled actions were due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement. (See above for our Designated Agent’s contact information). This counter-notice must include substantially the following information:

1. A physical or electronic signature of the User of the Website or Service;
2. Identification of the material that has been removed or to which access has been disabled and the location on our Website or Service at which the material appeared before it was removed or access to it was disabled.
3. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
4. The User’s full name, postal address, telephone number and email address (if applicable), and the statement that the User consents to the jurisdiction of the Federal District Court for the district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Wisper or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third parties.

We also reserve the right, but not the obligation, to restore the material that was removed or to allow access to the material. As stated in our Service Agreements, we can at our discretion remove any material for any purpose at any time. If we receive a counter-notice from the User that posted the material subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days.  2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the material on our website(s) or Service(s), we will not restore or allow access to the material. 3) Otherwise, we may restore the material and allow access at our sole discretion.

However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore material at any time for any reason without notice to or any liability to the posting User.

Please contact us at support@wisperisp.com if you have any questions regarding this DMCA Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.

© Copyright 2018 Wisper ISP, Inc. – All Rights Reserved

This Master Services Agreement (“Service Agreement” or “MSA”), consisting of these terms and conditions and all other documents referenced herein by and between Wisper ISP, Inc., (“Wisper,”) and the individual or entity named on the Confirmation of Sale (“COS”) or DIA Proposal (as defined below) to which this Agreement is attached (“Customer,” “you,” or “your”), sets forth the terms and conditions under which Wisper will make available its Standard Internet Access Service, Dedicated Internet Access Service and related services and components (collectively, the “Service”). This Service Agreement governs both residential and commercial Customers. “Affiliate” means an entity that controls, is controlled by or is under common control with Wisper.

By using the Service, Customers agree to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation Wisper’s Privacy Policy, Open Internet Policy, DMCA Copyright Infringement Notification Policy, COS (applicable for Standard Internet Access Service), and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern. Premium Dedicated Internet Access (“DIA”) Service Customers are also subject to a separate written proposal that details their customized service (“DIA Proposal”), which is also incorporated by reference into this MSA.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.

THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE TELEPHONY SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS AND DISCLAIMERS ON WISPER’S LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Wisper regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. Wisper will communicate any such updates or amendments to Customer in accordance with Section 23(h). Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting Wisper’s website or by contacting Wisper.

1. GENERAL OVERVIEW. This Service Agreement governs the following components and services defined under Wisper’s Service. Customer may customize Customer’s residential or commercial service(s) based on Customer’s needs:  Details about the following can be found on Wisper’s website unless noted otherwise: www.wisperisp.com.
   1. Standard Internet access service – Internet broadband access service for residential and commercial customers.
   2. Dedicated Internet Service (“DIA Service”) – Premium Internet broadband access service for high-volume commercial/government/institutional Customers. Contact sales@wisperisp.com for more information.
   3. Electronic mail – https://webmail.wisperisp.com/.
   4. Wisper Equipment – leased equipment (point to point systems). Contact sales@wisperisp.com for more information.
   5. “Telephony Service” – digital, IP-based phone service Wisper provides for telephone calls https://wisperisp.com/available-packages/
   6. Customer technical/repair support, including support technicians.  https://wisperisp.com/about-wisper-internet/customer-faqs/.
   7. Camera Systems – Contact sales@wisperisp.com for more information.
   8. Website/Email hosting for commercial customers – Contact sales@wisperisp.com for more information.
2. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE. Specific terms and conditions that govern a DIA Service Customer’s use of their own equipment or Wisper Equipment are set forth in the DIA Proposal. The section only governs Standard Internet Access Service Customers:
   1. 1. Customer Equipment. To use the Service, the Customer must have a personal computer or other devices Although Wisper is under no obligation to do so, Wisper may, and Customer authorizes Wisper to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as Wisper deems necessary, in Wisper’s sole discretion. Customers will direct any questions concerning third-party hardware or software to the manufacturer. Wisper has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elect to use in connection with the Services. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the Wisper Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the Wisper Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the Wisper Equipment or the Service, or to permit, encourage or solicit any other person to do the same unless such person has been authorized to do so by Wisper.
      2. Wisper Equipment. The customer acknowledges that at the time of installation of the Service, the equipment owned and operated by Wisper listed on the COS was installed (the “Wisper Equipment”) at a location and in a manner authorized by the Customer. The customer further acknowledges that the Wisper Equipment may, at Wisper’s sole discretion, be refurbished or otherwise used equipment. The customer agrees that the Wisper Equipment was installed at a location and in a manner authorized by the Customer. The Wisper Equipment is and shall remain the property of Wisper, and will be provided to the Customer under the terms set forth in the COS. At such time as Customer or Wisper terminate the Service, Customer will return the Wisper Equipment to Wisper within ten (10) calendar days, and in accordance with Wisper’s then-current return procedures. In the event that Customer has not returned the Wisper Equipment as set forth in the previous sentence, or in the event that the Wisper Equipment is damaged or otherwise inoperable, Customer will pay each applicable “Equipment Non-Return Fee” listed in the COS.
      3. Telephony Service Requirements and Availability. Customers must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Customer is responsible for supplying and ensuring that the facilities Customer supplies are compatible with the Service and meet federal and other applicable standards. Customer represents that Customer either owns Customer’s facilities or has the right to use the facilities in connection with the Telephony Service. Wisper shall have no obligation to provide, maintain, support, or service Customer’s facilities. If Customer’s Internet connection is terminated, suspended, or disconnected for any reason, the Telephony Service will not be available until Customer reestablishes Customer’s Internet connection with Wisper or whichever Internet provider Customer utilizes.
      4. Customer’s Obligation to Maintain Power to Wisper Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to Wisper Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the Wisper Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible.
      5. Replacement and Upgrade of Wisper Equipment (i) Unless the COS indicates that the Wisper Care Plan is “Not Included,” Wisper will repair, replace, or otherwise upgrade any Wisper Equipment that, as determined by Wisper in its sole discretion, needs to be installed, replaced or otherwise upgraded. Notwithstanding the foregoing, Customer will be solely liable for, and Wisper shall have no obligation to repair, replace or otherwise upgrade, any Wisper Equipment that has been, in Wisper’s sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2(e) herein or by Customer’s failure to comply with the last sentence of Section 2(a) herein.   (ii) If the COS indicates the Wisper Care Plan is “Not Included,” beginning on the date of installation of the Service and for a one-year period thereafter, Wisper provides a limited warranty against any defect in materials or workmanship in the Wisper Equipment that is warranted by the manufacturer of such Wisper Equipment. During this one-year period, in the event there is a problem with the Wisper Equipment that is, as determined by Wisper in its sole discretion, not a result of action or inaction on the part of Customer, that cannot be corrected either over the telephone or on-site, Wisper will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such Wisper Equipment at Wisper’s expense. Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the Wisper Equipment caused by acts of nature (such as, but not limited to, lightning damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2(e) herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2(a) herein. After such one-year period, Customer will be solely liable for any and all damage to any Wisper Equipment. (iii) If the COS indicates the Wisper Care Plan is “Not Included,” Customer understands, acknowledges and agrees that Wisper’s ability to provide an appropriate quality of Service to Customer and the other customers on the Wisper Networks may from time to time require upgrades or replacement of the Wisper Equipment, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by Wisper from time to time, at such time as Wisper determines, in its sole discretion, that the Wisper Equipment needs to be upgraded or replaced.
      6. Customer understands, acknowledges and agrees that prior to Wisper servicing any Customer equipment or Wisper Equipment under contract with Customer, it is Customer’s responsibility to (i) back-up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Customer agrees that whether or not Customer requests back-up services from Wisper and/or its Operational Service Provider, neither Wisper nor its Operational Service Provider(s) shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. . An Operational Service Provider is a third party owned company that provides or performs services on Wisper’s behalf, to help serve Customers better, or to perform internal functions that support Wisper’s Service and operations.
3. ACCESS TO CUSTOMER’S PREMISES. Customer hereby grants Wisper and its Affiliates, and their respective employees, contractors, representatives and agents the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the Wisper Equipment or the Wisper Networks, retrieving Wisper Equipment or fulfilling its obligations or exercising its rights under this Agreement. Wisper shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Wisper, an emergency or other exigent circumstance exists that would require Wisper to immediately enter Customer’s property and premises. 
4. CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES.
   1. If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.
   2. Customer agrees that the Service is personal to Customer and agrees not to assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement. For residential Customers, Customer agrees that the Service and the Wisper Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. For commercial Customers, Customer agrees that the Service and the Wisper Equipment shall be used only by Customer and by authorized members of Customer’s business located at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. Customer acknowledges that Customer is executing this Service Agreement on behalf of all persons who use the Service by means of the Wisper Equipment. Customer agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using Customer’s equipment or the Wisper Equipment.
   3. Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any local, state or federal statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent or representative of Wisper or its Affiliates; or (vi) transmits any virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Wisper reserves the right to suspend Customer’s access the Service at any time upon receipt of claims or allegations from third parties or authorities or if Wisper is concerned that Customer may have breached this Service Agreement. Customer (and not Wisper or its Affiliates, Operational Service Providers) remains solely responsible for Customer’s use of the Service and any material transmitted through the Service, and Customer warrants that Customer possess all rights necessary to transmit such material.
   4. Customer represents and warrants that the personal identifiable information (“Personal Information”) Customer provided and will provide to Wisper during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with Wisper (such email address, as the same may be modified from time to time by Customer upon notice to Wisper, the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information” for purpose of this Service Agreement is accurate, complete and current. (In the Privacy Policy, Non-Personal Information may also be classified as Personal Information if it is directly associated with or reasonably linked to Customer’s account, computer or device.) Customer agrees to promptly notify Wisper, in accordance with the terms of this Service Agreement, upon the occurrence of any change in the status of Customer’s account (including, without limitation, the creation or removal of an Authorized User (as defined below)) or if there is any change in the Customer Information. Customer’s failure to provide and maintain accurate Customer Information with Wisper constitutes a breach of this Service Agreement.
   5. Customer agrees that Customer is responsible for anyone using the Wisper Equipment, Customer’s computer system, password, name or Customer name in connection with the Service (with or without Customer’s knowledge or consent) and for ensuring that anyone who uses the Service through the Wisper Equipment, Customer’s equipment or access to the Service, does so in accordance with the terms and conditions of this Service Agreement. Customer agrees to take all reasonable measures necessary to ensure that the Service is not used by another person without Customer’s consent. Customer understands, acknowledges and agrees that Customer is responsible for all use of the Service and Customer’s account whether Customer or someone else uses Customer’s account (with or without Customer’s permission).
   6. Customer is responsible for procuring and installing patches, any and all antivirus and firewall software/hardware and operating system patches, updates or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and the Wisper Equipment and (ii) the protection of the Wisper Networks and other customers. For purposes of clarification, Wisper and its Affiliates hereby disclaim any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security or other software and/or hardware and Customer agree that Wisper, its Affiliates and Operational Service Providers shall have no liability for Customer’s failure to do the same.
   7. Customer represents that there are no legal, contractual or similar restrictions on the installation of the Wisper Equipment in the location(s) and in the manner authorized by Customer. Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Wisper Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Wisper Equipment and/or provision of the Service (collectively, “Legal Requirements”). Customer is solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.
   8. Customer is responsible for backing up the data on Customer’s computer(s) and network(s) and understands, acknowledges and agrees that Wisper, its Affiliates and Operational Service Providers shall have no liability whatsoever for any loss of data.
   9. Customer agrees to comply with the following terms and conditions for the use of Service: (i) Service is provided for use in conformance with this Service Agreement. Wisper reserves the right to investigate suspected violations of the Service Agreement. When Wisper becomes aware of possible violations, Wisper may initiate investigation which may include gathering information from Customer(s) involved and the complaining party, if any, and examination of Customers Material on Wisper’s servers. Customers Material collectively includes, but is not limited to, any software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content. (ii) During an investigation, Wisper may suspend the account or accounts involved and/or remove Customers Material involved from its servers. If Wisper believes a violation of this Service Agreement has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of Customer Material from Wisper’s servers, warnings to Customer(s) responsible, and the suspension or termination of the account or accounts responsible. Wisper, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Service Agreement could also subject the Customer to criminal or civil liability.
   10. Customer agrees to comply with the following terms for the use of “Customer Material,” which collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Subscriber on Wisper’s servers not provided by Wisper: (i) Only lawful content in the public domain (e.g., images, video, audio, text, data, and programs) or content subject to the approval of the copyright owner may be downloaded or uploaded using the Service. Customer may re-distribute content in the public domain. Customer assumes all risks regarding the determination of whether content is in the public domain or is lawful. (ii) Customer is prohibited from storing, distributing, or transmitting any unlawful content through the Service. Examples of unlawful content include but are not limited to direct threats of physical harm, obscenity, child pornography and copyrighted, trademarked and other proprietary material used without proper authorization. Customer may not post, upload or otherwise distribute copyrighted content without the consent of the copyright holder. The storage, distribution, or transmission of unlawful content could subject Customer to criminal as well as civil liability, in addition to the actions outlined in Section 3(i) herein. (iii) Customer may not store or distribute certain other types of material on Wisper’s servers. Examples of prohibited material include, but are not limited to software, applications and programs containing viruses, trojans and other tools or technology that would compromise the security of Wisper or others. (iv) Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third party rights. (v) Customer agrees that if Customer’s Service is terminated for any reason, Wisper has the right to immediately delete all Customer Material, stored in or for Customer’s account without further notice to Customer.
5. THE SERVICE AND PRIVACY.
   1. Wisper has established a Privacy Policy (“Privacy Policy”), which governs Wisper’s collection, use, disclosure, management and security related to Customer’s personally identifiable information (“Personal Information”). Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. Subject to Section 23 herein, Wisper may update or amend the Privacy Policy at any time without Customer’s prior consent, unless such consent is required by law. Wisper will, however, provide notice of any such changes or amendments as stated in Wisper’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.
   2. Wisper does not routinely monitor a Customer’s activity for violation of this Service Agreement and Wisper has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of, the Service. However, Customer agrees that Wisper has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the Wisper Equipment, and information available to Wisper regarding Customer’s computer and other equipment in accordance with this Service Agreement. Wisper has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Wisper’s, its Affiliates’ or Operational Service Providers’ servers. Wisper has the right to monitor, review, retain or disclose any content or other information in Wisper’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as Wisper deems necessary or appropriate in Wisper’s sole discretion.
   3. Wisper may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through Wisper’s authorized Customer service channels. Only Commercial Customers may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be permitted to access the Commercial Customer’s account information and make certain changes to Commercial Customer’s account. Commercial Customers will be solely liable for any and all action or inaction by any Authorized User.
6. PASSWORDS.
   1. Residential accounts are for individual use only. Commercial accounts are for authorized personnel only.
   2. Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized personnel.
   3. Wisper shall provide or obtain passwords to protect Customer’s account and Services. In the event that the security of a Customer’s account or Service is compromised, Wisper shall provide Customer with a new password.
   4. Wisper may monitor the security of Customer’s passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by Wisper; continued failure to maintain password security may be grounds for account termination.
7. SYSTEM SECURITY.
   1. Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data. Wisper strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.
   2. Customer is prohibited from utilizing the Service to compromise the security or tamper with Wisper’s system resources or accounts on any of Wisper’s computers, routers, switches, servers, radios, modems, or any other equipment at Wisper or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of Wisper’s corporate assets is strictly prohibited.
   3. Wisper reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. Wisper will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to Wisper’s Privacy Policy and applicable law.
8. LIMITATIONS OF TELEPHONY SERVICE.
   1. The Telephony Service is not a telecommunications service and Wisper provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Telephony Service offering that Wisper provides. The Telephony Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect Customer’s rights of redress before regulatory agencies.
   2. The Telephony Service does not support 0+ or operator-assisted calling, including, without limitation, collect calls, third-party billing calls, or calling card calls. The Telephony Service may not support 311, 511 and/or other x11 services, other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement, in one or more or all Service areas.
   3. The phone numbers Customer obtains from Wisper will not be listed in any telephone directories. Phone numbers transferred from Customer’s local phone company may, however, be listed. As a result, someone with Customer’s phone number may not be able to utilize a reverse directory to lookup Customer’s address.
   4. The Telephony Service may not be compatible with non-voice communications equipment, including, but not limited to, home security systems or alarm systems that are set up to use phone lines, modems, fax machines, credit card machines, DVR-type devices, any device that relies upon a modem, hearing impaired devices, and medical monitoring devices (“NonVoice Systems”), and may be interrupted or permanently disabled by installation or operation of the Telephony Service. Customer should maintain a telephone connection through Customer’s local exchange carrier in order to use any alarm monitoring functions for any security system that uses a phone line. Customer is solely responsible for the operation and use of such NonVoice Systems with the Telephony Service, including taking any necessary steps, as permitted under this Agreement with Wisper, to ensure compatibility between such Non-Voice Systems and the Telephony Service.
   5. Customer authorizes Wisper to act on Customer’s behalf, as Customer’s agent, in porting Customer’s telephone number and related local and long distance services from Customer’s current provider to Wisper or any of its wholesale service providers. Customer acknowledges that Wisper may change wholesale providers from time to time and may port Customer’s phone number from one wholesale carrier to another at any time. Customer acknowledges that Wisper will become the customer of record for all phone numbers that Wisper ports to the Telephony Service.
   6. The Telephony Service relies upon portions of the public Internet, and third party networks, to transmit voice and other communications signals. Wisper cannot, and does not, guarantee that the Telephony Service is secure or can be used in a secure manner.
   7. The Telephony Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in Telephony Service could lead to injury to business, persons, property, or the environment (“High-Risk Uses”).
9. ACCEPTABLE USAGE. (a) “Acceptable Usage of Internet Service” is hereby defined as the normal activities associated with the use of the Internet, including but not limited to usage of Wisper’s systems and the Wisper Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. Depending on the account type, this may include file storage on Wisper’s servers for Customer’s own personal web page and file access area (FTP), etc. (b) “Acceptable Usage of Telephony Service” is hereby defined as the normal activities associated with the use of the telephone system.
10. PROHIBITED INTERNET SERVICE ACTIVITIES. Internet Service Activities specifically prohibited by Wisper include but are not limited to the following:
    1. Background and/or server-type applications – Including but not limited to IRC bots, HTTP servers, MUDs, and any other process which were initiated by the Customer that continues execution on the system upon Customer logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
    2. Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, but is not limited to, programs such as shareware programs which the Customer may download to their account for purposes of transferring to their home computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Customer’s personal system.
    3. Flooding or abuse of other users – Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly by Wisper. Flooding is deliberately repeating actions in quick succession in order to fill the screens of another user or to harass and takes place in numerous ways, including, but not limited to, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), mass mailings to multiple addresses, MSG/CTCP flooding on IRC, flooding a chat server, as well as other, less common methods.
    4. Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Customer’s account are prohibited. This also includes attempts to hack into non-Wisper systems, networks, servers, websites or applications.
    5. Sharing of accounts – Sharing Customer’s Internet Service with another party for purposes of avoiding payment for a second Service is strictly prohibited. Customer may connect multiple computers/devices within a single location to Customer’s modem, router, and/or radio to access the Internet Service, but only through a single Wisper-issued IP address.
    6. PPP/SLIP emulation software – Since PPP/SLIP is a product offered by Wisper, Customers desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from Customer’s account by Wisper immediately when found.
    7. Conducting commercial business through a personal residential account – The residential single-Customer Internet accounts provided by Wisper are designed for the home/casual Customer and may not provide the level of service, capacity or speed required for conducting business. Therefore, conducting business with a residential account is not advisable. Please contact Wisper’s sales department to upgrade to a commercial account.
    8. Excessive use of system resources – This includes, but is not limited to, the continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system. Customer may not resell Service.
    9. Email abuse – Email abuse typically comes in one of three forms, the sending or transfer of a message to unsolicited individuals not in compliance with the CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.
    10. USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
    11. Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
    12. Pirated software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Microsoft Office, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Wisper. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
    13. High-traffic websites – Individual accounts using Wisper are intended to provide access to individuals only. As most individual pages are fairly low-traffic, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to put content on their pages that draws a large number of hits to their pages and thus degrades performance for other users’ pages. Due to this problem, Wisper must implement certain limitations on the amount of traffic an individual Customer‘s home page can receive so that all Customers will receive optimal service. Typically a page can safely transfer 250 MB per day without causing excessive load on the host system. Websites generating more than this must be moved to Wisper’s Web Hosting service, where Wisper is better able to deal with the extra traffic.
11. PROHIBITED TELEPHONY SERVICE ACTIVITIES. Telephony Service activities specifically prohibited by Wisper include but are not limited to the following:
    1. Customer shall not resell or transfer the Telephony Service or Equipment to another party. Customer is prohibited from using the Telephony Service or Equipment for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting.
    2. Customer shall use the Telephony Service and Equipment only for lawful purposes. Wisper reserves the right to immediately terminate Customer’s Service if, in Wisper’s sole and absolute discretion, Wisper determines that Customer has used the Telephony Service or Equipment for an unlawful purpose. In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Service. If Wisper believes that Customer used the Telephony Service or Equipment for an unlawful purpose, Wisper may forward the relevant communication and other information, including Customer’s identity, to the appropriate authorities for investigation and prosecution. Customer hereby consents to Wisper forwarding of any such communications and information to these authorities. In addition, Wisper will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
    3. Customer shall not use the Telephony Service or Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. Wisper reserves the right to immediately terminate Customer’s Service if, in Wisper’s sole and absolute discretion, Wisper determines that Customer has used the Telephony Service or Equipment in any of the aforementioned ways. In the event of such termination, Customer will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Customer’s Service. In addition, Wisper will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property, and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
    4. Although Customer may use the Telephony Services to place calls to the United States and Canada, Wisper does not presently offer or support the Telephony Service in any countries other than the United States. If Customer uses the Telephony Service or Equipment outside of the United States, Customer will be solely responsible for any violations of local laws and regulations resulting from such use. Wisper reserves the right to terminate Customer’s Telephony Service immediately if Wisper determines, in Wisper’s sole and absolute discretion, that Customer has used the Telephony Service or Equipment outside of the United States.
    5. Customer agrees not to: use the Telephony Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information; advertise or offer to sell or buy any goods or Telephony Services for any non-personal purpose; harvest or otherwise collect information about others, including email addresses, without their consent; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other User or usage information or any portion thereof other than in the context of Customer’s use of the Telephony Service as permitted under this Agreement, and these Terms of Service; transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless Customer owns or controls the rights thereto or have received all necessary consents; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems, devices, or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
    6. Wisper does not routinely monitor a Customer’s activity for violation of this Service Agreement and Wisper has no obligation to monitor the Telephony Service or any Customer’s use thereof or retain the content of any Customer session. However, Wisper reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Wisper reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
    7. Customer agrees not to share or re-sell the Telephony Service with anyone not residing at the Service address.
12. DIGITAL MILLENNIUM COPYRIGHT ACT. Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify Wisper’s registered designated agent if they believe that a Customer has infringed on their work(s). When Wisper receives a complaint notice from a copyright owner, Wisper will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, Wisper enforces a graduated response policy to complaints that may lead to suspension or termination of service. Wisper’s policy is to terminate the internet services for any Customer receiving twelve or more DMCA notices annually. Customer understands, acknowledges and agrees that Wisper will assess a “DMCA Administrative Fee” for the processing and handling of every complaint received after the second notice. For information how to contact WISPER’s designated agent, please see Wisper’s DMCA Copyright Infringement Notification Policy, available here https://wisperisp.com/DMCA.
13. PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT.
    1. All Prohibited Internet Service Activities as defined in Section 9 and all Prohibited Telephony Service Activities as defined in Section 10 hereof are subject to immediate termination of Customer’s account and any and all criminal and civil penalties available under the law. The penalties imposed on Customer for such violations will vary based on the level of the offense. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, Wisper reserves the right to disable the account immediately. Accounts which have been disabled for abuse will not be re-opened. It is vital for Wisper to provide a quality service for all Customers, and Wisper will not tolerate Customers who through their actions hinder Wisper in that endeavor. It is also important for Wisper to have a nonintrusive presence to the rest of the Internet, and thus prohibit activities that adversely affect Customers on other service providers and their associated networks. To this end, Wisper reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.
    2. Wisper will not reimburse Customer when Service has been suspended or disabled due to violations of this Service Agreement.
    3. If Service is disconnected for non-payment, Wisper is not obligated to re-connect Customer’s Service. However, if Customer desires re-connection, and Wisper agrees to do so, Customer agree to pay a Re-installment Fee plus any amount past due under Customer’s COS or DIA Proposal. The amount of the re-installment fee is set forth on Wisper’s website.
14. SOFTWARE LICENSES AND THIRD PARTY SERVICES.
    1. Wisper may provide Customer software for use in connection with the Service which is owned by Wisper or its third party licensors, third party suppliers, and Operational Service Providers (“Software”). Such Software will be subject to an additional fee. Wisper reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.
    2. Certain Software may be accompanied by an end user license agreement (“EULA”) from Wisper or a third party. Wisper’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.
    3. For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by Wisper or its applicable third party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto). Customer may not make any copies of the Software. Customer agrees that the Software is confidential information of Wisper or its third party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Wisper or its third party licensors/Operational Service Providers. Customer may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that Wisper or its third party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
15. CUSTOMER’S PAYMENT OBLIGATIONS FOR STANDARD INTERNET ACCESS SERVICE. Payment obligations for DIA Service Customers will be set forth in the customized DIA Proposal. Customer understands, acknowledges and agrees to pay Wisper through the end of the Initial Term or any Renewal Term in accordance with Wisper’s current billing policies. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement and Customer’s COS.
    1. Deposit. At the time of installation of the Service, Customer is required to pay the “Total Deposit” set forth in the COS. Together, the “Installation Fee” and the “Monthly Service Fee” due (if any) constitute the “Total Deposit.” Customer agrees that the Total Deposit is to be paid in consideration of Wisper’s making the Service available on the terms and conditions set forth in this Service Agreement, that Wisper has earned the Total Deposit in full and that the Total Deposit is not refundable. If any portion of the Total Deposit remains unpaid at the time of execution of this Service Agreement, Customer will pay such amount promptly after execution of the Service Agreement.
    2. Customer agrees to pay the Total Deposit on or before the first day of Customer’s “Monthly Billing Cycle”. Except as set forth on the COS, Customer’s Monthly Billing Cycle begins on the day the customer signs the COS. Notwithstanding the foregoing, Wisper may modify Customer’s Monthly Billing Cycle upon at least 15 calendar days’ advance notice to Customer.
    3. Customer agrees to pay the applicable “Wisper Care Plan” fee set forth on the COS, if any; provided, for 12 months.  After the 12 months is up, Customer may, on ten (10) calendar days advance , elect to discontinue participation in the “Equipment Assurance Plan” as then in effect, effective on the first day of Customer’s next Monthly Billing Cycle, in which case this Agreement shall be deemed to be amended such that the COS indicates “Wisper Equipment Assurance Plan Not Included”. If the COS indicates “Wisper Equipment Assurance Plan Not Included,” Customer may, on ten (10) calendar days advance notice to Wisper and payment of applicable fees, elect to commence or resume participation in the Equipment Assurance Plan as then in effect, provided, however, the Equipment Assurance Plan shall not apply, and the COS shall only be deemed not to indicate “Wisper Equipment Assurance Plan Not Included” as of the first day of the second Monthly Billing Cycle commencing after such notice.
    4. Customer agrees to pay the applicable Monthly Service Fee set forth in the COS and Monthly Equipment Assurance Fee, if any, (collectively the “Monthly Fees”), in advance, prior to the month billed, on or before the first day of the Customer’s Monthly Billing Cycle. The full Monthly Fee is due for any part of a month for which service is provided.
    5. For each Monthly Billing Cycle with respect to which Customer does not pay on time (including without limitation if Customer’s Monthly Fees are not received by Wisper on or before the first day of the Monthly Billing Cycle), Customer agrees to pay the “Billing Administrative Fee” as established by Wisper from time to time. Customer and Wisper specifically agree that the Billing Administrative Fee is not a late fee, but rather is intended to compensate Wisper for its additional expense incurred in processing irregular payments, and may be changed at any time without notice to Customer. Customer also agrees to pay the “Late Fees” defined in the COS.
    6. Wisper shall not be obligated to provide the Service during Monthly Billing Cycles for which Customer has not paid the applicable Monthly Fees in advance. If at any time Customer’s account has past due amounts or upon Customer’s violation of this Agreement (including any documents incorporated by reference herein), Wisper may, in Wisper’s sole and absolute discretion, suspend provision of the Service to Customer and/or terminate this Agreement. Amounts are past due if not paid before the first calendar day of Customer’s Monthly Billing Cycle. Customer understands, acknowledges and agrees that Wisper is not required to provide notice before suspending the Service and/or terminating this Agreement, and Wisper will not be liable to Customer or any Authorized User for any such suspension or termination or any damages that may result therefrom. In order to restore service after a disconnection, Customer agrees to pay the applicable “Reactivation Charge” set forth in the COS.
    7. The “Service Term” is defined in the COS, and continues on a month-to-month basis thereafter. In order for Customer to terminate the contract, Customer shall follow the termination procedures described in Section 22. Customer agrees to pay the “Monthly Service Fee” set forth in the COS, which may change from time to time subject to advance notice by Wisper. All accounts sixty (60) days or more past due will be turned over to collections and Service discontinued permanently.
    8. Customer agrees to pay a “Reinstallation Charge” as set forth in the COS when Customer moves physical locations and would like to transfer the service to the new physical location. For specifics on the Reinstallation charge, please see our https://wisperisp.com/Fees
    9. Customer also agrees to pay all applicable federal, state, and local taxes and fees, including, but not limited to, those imposed after the date of execution of the COS.
    10. By signing the COS, Customer also authorizes Wisper to invoice Customer and to automatically charge Customer’s debit or credit card each month, or use other billing options (such as automatic deductions from checking or debit accounts) in accordance with Wisper’s then-current billing policies, for all such fees, charges and taxes. Further, Customer hereby authorizes Wisper to charge Subscriber’s credit card for all fees related to termination including payout of fees owed to Wisper for the remainder of the selected Term of the Agreement, equipment charges and any and all other fees related to termination to which the Customer is subject pursuant to the terms of this Agreement. If Subscriber owes money on any account, Wisper may deduct the amounts owed from any existing credit Subscriber has or any security deposit provided or, if applicable, charge such fees to the bank or payment card account Subscriber has authorized Wisper to use.  (1) Customer has a right to revoke his/her authority for Wisper to automatically charge Customer’s credit cards by contacting Wisper in writing, or via telephone. (2) Customer has a right to a copy of the terms of Customer’s payment.
16. TELEPHONY SERVICE FEES, TAXES AND OTHER CHARGES. Telephony Service fees, taxes, and other charges may change from time to time. Wisper blocks international phone calls from the United States except those made to Canada. Should a Customer require the ability to place international calls to countries other than Canada, Wisper may open the lines for those specific countries at their discretion.
17. TELEPHONY SERVICE 911 EMERGENCY SERVICES. Carefully read the information below. By acceptance, and use, of the Telephony Service, the Customer acknowledges and accepts any limitations of 911/E911 service, and the Customer agrees to convey these limitations to all persons who may have occasion to place calls over the Telephony Service. If the Customer has any questions about 911/E911, call Wisper at 800-765- 7772.
    1. The Telephony Service includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911 or E911 function furnished by other providers. As such, it may have certain limitations. E911 service includes the transmission of Customer’s telephone number, and information Customer provides to Wisper about the physical location of the Equipment and facilities that are used to provide Telephony Service (“Registered Location”) to Customer. When Customer dials 911, the Customer’s emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving the Customer’s telephone number and Registered Location (“E911 Information”), such information will also be conveyed to the PSAP when Customer dials 911.
    2. Registered Location: Use of the Telephony Service from a location other than Customer’s Registered Location may cause Customer’s 911 call or E911 information to be routed to the wrong PSAP, may cause emergency response personnel to be dispatched to the wrong address, and may result in other problems with accessing and obtaining emergency services, including, but not limited to, Customer’s inability to receive emergency services. As a result, Customer must update Customer’s Registered Location with Wisper before using the Telephony Service at a new location. To update Customer’s Registered Location, contact Wisper Technical Support at 800-765-7772, or at the address set forth at http://www.WisperISP.com.
    3. Even if Customer uses the Telephony Service from its Registered Location, trying to call 911 or obtain emergency services through a 911 call may fail for a number of reasons, including (i) Power failure – if there is a power or Internet outage or interruption, Customer will not be able to use the Telephony Service for any 911 or other emergency calls (after such an event, Customer also may need to reset or reconfigure Equipment before Customer can call 911). (ii) Termination or suspended service – if Customer’s Telephony Service or Internet connection is interrupted, suspended or cancelled for any reason (including due to technical problems, Customer’s failure to pay Wisper or other provider, or termination of this Agreement), Customer will not be able to use the Telephony Service to call 911; (iii) Transferred number – as described further below, if Customer transfers a telephone number from Customer’s traditional telephone service, there may be a delay or interruption in Customer’s ability to use the Telephony Service to call 911; (iv) Updated location information – as described further below, if Customer uses the Telephony Service at a new Registered Location, it may take several days after Customer notifies Wisper of the new Registered Location before 911 calling or E911 functions will be available; and (v) Technical limitations – network congestion, radio interference, weak signals, packet loss, or other causes of reduced Service performance may prevent Customer from using the Telephony Service to call 911 or may delay the routing of Customer’s 911 call or E911 information. Customer should not rely on the Telephony Service as Customer’s primary method to obtain emergency services. If Customer does not feel comfortable with these limitations, Wisper suggests Customer makes alternative methods available to call 911 or otherwise obtain emergency services, such as through a traditional telephone line or a mobile phone.
    4. Caller ID Limitations and Fees. If Customer modifies its Caller ID to a number that Wisper’s E911 service does not recognize or if Customer is using multiple line trunking, an E911 call will be routed to an Emergency Routing Service (“ERS”) call center, which will then route the call to appropriate PSAP after the caller’s location is determined. Customer understands that such E911 calls will be delayed and that the caller must speak to ERS personnel before communications with the PSAP is established. For each call routed to ERS, Customer will be charged a fee of one-hundred and fifty dollars ($150 US). Multiple calls will result in multiple charges. If Customer does not feel comfortable with these limitations, Wisper suggests Customer makes alternative methods available to call 911 or otherwise obtain emergency services, such as through a traditional telephone line or a mobile phone.
    5. Liability: Customer acknowledges and agrees that Wisper will not be liable for any Service outage, inability to dial 911, and/or inability to access emergency service personnel. Customer agrees to defend, indemnify, and hold harmless Wisper and its associated parties from any and all claims, losses, damages, fines, penalties, costs, and expenses (including but not limited to reasonable attorney fees) by, or on behalf of, Customer or any third party or user of the Services relating to the failure or outage of the Services, including those related to 911/E911. Customer acknowledges that it is aware of and understands the foregoing limitations and agrees to advise all persons who may conduct calls using Customer’s Telephony Service of the same. (f) “REVERSE 911” SERVICE: “Reverse 911” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected area. Certain systems have the ability to call both listed and unlisted phone numbers. Customers should contact their local PSAP to determine if the number used in the provision of the Telephony Service can be registered with the local PSAP. The technical limitations associated with the provision of Reverse 911 service are due entirely to the local PSAP’s network and systems capabilities. Wisper shall not be liable for any failures, loss of service, interference, or incompatibility of the Telephony Service and any Reverse 911 service offered by local PSAPs. Further, Wisper offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the Telephony Service.
18. TELEPHONY SERVICE RELOCATION REQUIREMENT. The Telephony Service may be used only at the Registered Location Customer provides to Wisper. If Customer wishes to relocate the Equipment, Customer must contact Wisper for information on Service availability at the new location. If the Service is available at Customer’s new location, Customer must update and register the new location with Wisper in order to update Wisper’s records for the Service and help make 911 services and E911 features available to Customer. If Service, 911 calling or an E911 feature is not available at the new location, Customer’s Service will be terminated or suspended until Customer returns the Equipment to a location with Service, 911 and E911 availability and provides Wisper updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Telephony Service to a location without complying with this Section 18 is a violation of this Agreement and Customer does so at Customer’s own risk.
19. TELEPHONY SERVICE LOCAL NUMBER PORTABILITY. If Customer is porting Customer’s existing phone number from another service provider for use with the Telephony Service, the following terms and conditions also shall apply:
    1. Customer will cooperate fully with Wisper and provide promptly all information, including a letter of authorization or other documentation, as requested by Wisper in connection with the processing of Customer’s order for Service.
    2. Customer authorizes Wisper to notify Customer’s current telephone service provider of Customer’s decision to switch Customer’s local, local toll and long distance services to the Telephony Service, and Customer represents Customer is authorized to take such actions.
    3. Customer acknowledges that if Customer sets up the Telephony Service prior to the date that the number switch becomes effective (the “Port Effective Date,” as defined in the COS), Customer may be able to place outgoing calls but not receive incoming calls over the Telephony Service, and may not be able to make 911 or other emergency calls over the Telephony Service, until the Port Effective Date (in such a case, Customer should keep another phone connected to an existing phone extension at Customer’s service location to receive incoming calls until the Port Effective Date).
    4. Customer acknowledges that if the Telephony Service is not yet activated as of the Port Effective Date, Customer’s existing phone service for the number Customer is transferring will be disconnected and Customer will have no service for that line. To help avoid an interruption in Customer’s phone service, Customer should install the Telephony Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to Customer by Wisper following Customer’s completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date. (e) Customer acknowledges that Wisper may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Telephony Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Telephony Service is delivered to Customer.
20. DISCLAIMER OF WARRANTIES.
    1. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE WISPER EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND WISPER EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN SECTIONS 2 AND 17(e) HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER WISPER NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR WISPER EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM WISPER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
    2. In addition, Wisper may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by Wisper to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT WISPER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT WISPER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.
    3. EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER WISPER NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE WISPER NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE WISPER NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between Wisper Equipment and other components of the Wisper Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Wisper’s control and system failures, modifications, upgrades and repairs.
    4. Customer understands, acknowledges and agrees that Wisper may in the future offer other Customers on the Wisper Networks Service with specific minimum service standards (including, without limitation, minimum standards for speed, bandwidth, latency or availability) (such minimum service standards that may be offered in the future “Future Enhanced Service”). Customer further understands, acknowledges and agrees that Wisper shall be under no obligation to provide any Future Enhanced Service to Customer unless and until Wisper and Customer have executed a new agreement with respect to such Future Enhanced Service, which agreement may include, without limitation, such increased or modified Monthly Fees and additional terms and conditions as Wisper and Customer may agree.
    5. Customer understands, acknowledges and agrees that Wisper may use various tools and techniques in order to efficiently and reasonably manage its networks and to ensure compliance with Wisper’s Open Internet Policy and Sections 8, 9 and 10 above (such tools and techniques, “Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code or managing network resources through techniques such as limiting the number of simultaneous peer-to-peer sessions that Customer may conduct, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as Wisper may from time to time determine appropriate.
    6. Customer understands, acknowledges and agrees that, to allocate bandwidth across all of its Customers, Wisper may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.
    7. Customer understands, acknowledges and agrees that, in order to provide redundancy or increased efficiency or otherwise to enhance the Wisper Networks, Wisper may install additional equipment at Customer’s premises, and any such equipment not set forth in the COS shall be deemed to be Wisper Equipment for the purposes of this Agreement. Customer further understands, acknowledges and agrees that Wisper may use the Wisper Equipment to provide Service to others in a manner that secures and separates Customer’s traffic and local area network from Service provided to others.
    8. Customer understands, acknowledges and agrees that Wisper does not warrant that Service descriptions, information, graphic depictions, fees, product and or other components of the Service are accurate, reliable, updated, current, complete or error-free. Despite Wisper’s efforts, it is possible that a price for the Service (or a component of the Service) offered on Wisper’s website, or the Service description may be inaccurate in some part. In the event Wisper determines that a Service contains an inaccurate price or description, Wisper reserves the right to take any action Wisper deems reasonable and necessary, in Wisper’s sole discretion, to rectify the error, including without limitation, canceling Customer’s order, unless prohibited by law. Wisper may make improvements or changes to any of Wisper’s information, or Services described on Wisper’s websites at any time without notice. Customer agrees to notify Wisper immediately if Customer becomes aware of any pricing or descriptive errors or inconsistencies with any Services Customer order and to comply with any corrective action that Wisper may take.
    9. THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
21. LIMITATION OF LIABILITY.
    1. STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.
    2. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WISPER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY LICENSORS OR THIRD PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WISPER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).
    3. DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS; (d) ADDITIONALLY, WISPER WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN THE IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 2(g) HEREIN; (vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR ANY MATTER BEYOND WISPER’S REASONABLE CONTROL; (viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE TELEPHONY SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; OR (ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT.
    4. Customer understands, acknowledges and agrees that Wisper may block traffic to or from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network, eliminate spam, or in compliance with federal and state laws and regulations. Customer agrees that Wisper shall be entitled to damages if Customer transmits or is otherwise connected with the transmission of spam. Customer agrees that Wisper is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Customer agrees to pay Wisper liquidated damages of five dollars for each piece of spam transmitted from or otherwise connected with Customer’s account.
    5. Customer understands, acknowledges and agrees that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Customer’s computer(s) or other equipment. Customers are responsible for putting in place and should put in place all appropriate security measures when using the Service. Customers are responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third party.
    6. This Section 21, Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by the Customer or Wisper, for any reason.
22. AGREEMENT TO ARBITRATE (a) CUSTOMER AND WISPER AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN CUSTOMER AND WISPER. The agreement between Customer and Wisper to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and Wisper, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section 22, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND WISPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
    1. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Wisper must be addressed to Wisper at the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Customer and Wisper do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Customer or Wisper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wisper or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Wisper is entitled.
    2. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to Wisper. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and Wisper agree otherwise, any arbitration hearings shall take place in St. Clair County, Illinois. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.
    3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CUSTOMER AND WISPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and Wisper agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. (e) Notwithstanding any provision in this Agreement to the contrary, Customer and Wisper agree that if Wisper makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Customer may reject any such change by sending Wisper written notice within 30 days of the change. By rejecting any future change, Customer agrees that Customer will arbitrate any dispute between Customer and Wisper in accordance with the language of this provision.
23. INDEMNIFICATION.
    1. Customer agrees to indemnify, defend and hold harmless Wisper, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third party licensors and suppliers and their respective members, officers, directors, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “Wisper Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys’ fees) and other claims brought against any Wisper Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference) including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third party, Customer’s violation of any law or the rights of another and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by Wisper and/or any other Wisper Indemnitee in connection with the defense of any such third-party claims. Wisper reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with Wisper in asserting any available defenses.
24. TERMINATION OF THE SERVICE (a) IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, WISPER SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW.
    1. Customer may terminate the Service at any time by providing Wisper written notice, either via mail to the address set forth in Section 23(h) or call 1-800-765-7772 ext. 2, ten (10) business days prior to desired termination date. Wisper may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. Upon termination, Customer agrees to pay any account balance, a “Cancellation Fee” as defined in the COS, and to return any Wisper Equipment or pay the Equipment Non-Return Fee as set forth in Section 2 herein.
    2. The Service and all Service features are subject to availability on an ongoing basis. Customer understands that Wisper may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, Wisper may suspend, disconnect or terminate the Service at any time without prior notice if Wisper believes in its sole discretion that Customer have (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any Wisper employee, agent or contractor or (iii) violated any other provision of this Service Agreement.
    3. If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, Wisper may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.
    4. In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to Wisper, shall be granted. Moreover, Wisper shall not be responsible for the return of data stored on Wisper’s servers, including web and email servers. Customer agrees that Wisper has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.
    5. Sections 3 through 6, 8 through 10, 13, and 18 through 25 hereof shall survive any termination or expiration of this Agreement.
25. GENERAL PROVISIONS
    1. This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
    2. The Parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of Wisper are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and Wisper.
    3. No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.
    4. Wisper shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wisper’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
    5. This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the State of Illinois without regard to conflicts of law provisions. Subject to the agreement between Customer and Wisper with respect to arbitration of any disputes, Customer agrees that the federal and state courts of Illinois alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.
    6. Wisper’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.
    7. Wisper may change, amend, alter, or modify this Service Agreement at any time. Wisper may notify Customer of any change either by posting that change on Wisper’s website (Wisperinternet.com), and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by Wisper from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.
    8. Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows: (i) If to Customer: notice shall be made by (i) email to Customer’s; (ii) by first-class mail to Customer at Customer’s billing address then on file with Wisper; or (iii) when posted to the Announcements page of Wisper’s website. If by email, such notice shall be deemed effective when transmitted by Wisper. If by first-class mail, such notice shall be deemed effective upon the earlier of (A) three business days after dispatch or BH) at such time as actually received by Customer. (ii) If to Wisper: notice shall be made exclusively by first-class mail to Wisper ISP, Inc., at 9711 Fuesser Road, Mascoutah, IL  62258, or such other address as Wisper may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.
    9. Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without Wisper’s prior written consent, and any purported assignment by Customer without such consent shall be void. Wisper may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law (j) Customer and Wisper have executed this Service Agreement by their signatures (or, in the case of Wisper, the signature of Wisper’s authorized person) on the COS or DIA Proposal.

Wisper and Customer understand, acknowledge and agree that this Service Agreement is entered into as of the date set forth on the COS or DIA Proposal.

Effective as of March 2015

Wisper knows Customers care about how their personally identifiable information (“Personal Information”) is used and shared, and Wisper takes Customers’ privacy seriously. Please read the following to learn more about Wisper’s Privacy Policy. By using the Service (as defined in the Customer’s Service Agreement) or accessing Wisper’s website in any manner, Customer acknowledges that Customer accepts the practices and policies outlined in this Privacy Policy, and Customer hereby consents that Wisper will collect, use, and share Customer’s Personal Information in the following ways. (Can be found at www.wisper.com )

Remember that Customer’s use of the Service is at all times subject to Customer’s Service Agreement, which incorporates this Privacy Policy by reference. Customer’s use of Wisper’s website is at all times subject to Wisper’s Website Terms of Use. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in Customer’s Service Agreement and Website Terms of Use. (Can be found at www.wisper.com )

Wisper Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or do not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure, and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is Wisper’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, Wisper cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

Wisper recommends that Customers use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.

Wisper does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to Wisper. If Wisper learns that Wisper has collected Personal Information from a child under age 13, Wisper will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided Wisper Personal Information, please contact Wisper at marketing@wisperisp.com.

Wisper provides Calix routers to our customers.  By using the Calix router provided by Wisper, you agree to the Calix Privacy Policy and Terms and Conditions listed below:

You acknowledge that when you download, install, or use the App, Calix may collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downlaoding, installing, or using the App or certain of its features or functionality. When you downlaod, register with, or use the App, we may ask you to provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may abe contacted online or offline (“personal information”) and that is about you but individually does not identify you, such as your password, and your router’s MAC address and serial number. This information includes information you provide by filling in forms in the App and information provided at the time or registering to use the App. We may also ask you for your information when you report a problem with the App and keep records and copies of your correspondence (including email addresses and phone numbers), if you contact us. Additionaly, you may provide personal or othe rinformation to your internet service provider and other third parties that may be provided to us by your internet service provider and displayed on the App.

We use information we collect about yout, that you provide to use or that we receive from your internet serbvice provider, including any personal information, to provide you with the App and its contents and other information, including any in-App notifications related to your use of the App, fulfill any other purpose for which you provide it and/or carry out our obligations and enforce our rights arising from any contracts entered into between you and us. Your internet service provider may also use information that we collect about you to contact you about goods and services offered by your internet service provider or other third parties that may be of interest to you by sending you emails or in-App notifications. If you do not want us to use your information in this way, please do not use the App and delete your account. If you agree to let use use your information in this way but do not wish to recieve in-App notifications, you may adjust your push notification preferences in your account profile. All information we collect through or in connection with this App is subject to the Calix Mobile Application Privacy Policy. https://www.calix.com/pages/privacy-policy.html

Your California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask Wisper for a notice identifying the categories of Personal Information which Wisper shares with its Affiliates and/or other third parties for their marketing purposes, and providing contact information for such Affiliates and/or third parties unless Wisper meets certain exceptions in the law. This Privacy Policy qualifies for the exception to those requirements. If Customer resides in California and Customer has an established business relationship with Wisper, Customer may request information about Wisper’s opt-out and out-in policies of sharing Customer Personal Information with other companies (including Our Affiliates) for their marketing purposes. Please send Customer’s written request via email or postal mail following the instructions below.

Wisper will not accept requests via the telephone or facsimile. Wisper will not respond to requests that are not labeled or sent properly or do not have complete information.

• For all requests, include the Customer’s full name, street address, city, state, and zip code.
• In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to marketing@wisperisp.com.
• In a postal request, Customer must send a letter or post card to:Wisper ISP, Inc.9711 Fuesser Road Mascoutah, IL 62258Attention: Your California Privacy Rights

What types of information does this Privacy Policy cover?

Wisper collects various types of information about Customers and Customers’ use of the Service via the Wisper website, Help Desk and call centers, postal mail, remote kiosks, the Wisper Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information.

Generally, Wisper gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and Wisper’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service.

Wisper may share Customer’s Personal Information with its Affiliates and with other third parties as described below:

What Information does Wisper collect and how does Wisper use this Information?

Personal Information

Personal Information is the information Customer provides to Wisper voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts Wisper regarding the Service, and through Customer account settings, Wisper collects Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to Wisper in order to register with Wisper, to assist Wisper in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service.

Wisper will communicate with Customer if Customer has provided Wisper the means to do so. For example, if Customer has given Wisper Customer’s email address or phone number, Wisper will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service.

Wisper may also combine Customer Personal Information with additional Personal Information obtained from Wisper Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third-party-owned companies that provide or perform services on Wisper’s behalf, to help serve. “Wisper will access or collect the following customer data (Name, email address, location, user’s phone, contact book data, user’s inventory of installed apps, and user’s screen recording.) Data will not be sold to a third party. Data will be used to help improve the customer service experience. This policy also applies to any Wisper Mobile Application.”

Customer better and to perform functions in order to support Wisper businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.

Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Non-Personal Information

Website Information, Use of Cookies and other Similar Tracking Technology

When you visits Wisper’s website, Wisper will collect various types of Non-Personal Information, such as information on Wisper server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless Wisper is required to do so otherwise under applicable law.) Cookies” and “web beacons” are text file identifiers Wisper transfers to Customer’s browser or device that allow Wisper to recognize Customer’s browser or device and tell Wisper how and when pages and features on the Wisper website are visited, by how many people, and other activity on the website.

Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the Wisper website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and Wisper is not responsible for their privacy policies and practices.

Wisper also uses Personal Information and Non-Personal Information to enhance the Wisper website and Wisper Service offerings. For example, such information can tell Wisper how often visitors use a particular feature of the Wisper website and which products and services are most interesting to current and potential customers, and Wisper can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine Wisper’s Service offerings. Wisper will continue to conduct analytics on Wisper website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information.

Technology is improving every day and to improve Wisper’s Services’ operation and function Wisper may introduce new technologies and monitoring techniques without advance notice or consent from Customer. Wisper may also use third party providers to conduct such internal analyses.

Network Information

Wisper also collects Network Information, information about Customer access to, and use of, the Wisper network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, Wisper may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the Wisper network. Wisper may also aggregate Network Information from multiple subscribers and Wisper will share such aggregated Non-Personal information about the overall performance of the Wisper Service and network with Our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device.

We use Network Information to monitor and enhance the performance of the Wisper network. Wisper will not monitor the content of the websites viewed or email communications as part of Wisper’s standard network management. Generally, Wisper will only monitor and preserve the following Network Information:

• When Customer is using the Service;
• How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
• The amount of data Customer is transmitting and receiving through the Service; and
• General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of Wisper’s network.

However, Wisper reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

• In response to an inquiry from Customer or an another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
• If Wisper has reason to believe Customer is using the Service in violation of Customer’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
• If Wisper has reason to believe Customer use of the Service is negatively affecting other Customers; or
• When Wisper is required by law or legal process to do so, or when Wisper a good faith belief that Wisper is required by law or legal process to do so.

How is Personal Information used for marketing and advertising purposes?

Wisper will use Personal Information to send Customer marketing and advertising messages related to Wisper’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). Wisper may deliver a marketing or advertising message based on Customer visits to Wisper website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. Wisper may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information Wisper collects from Customer – not from Customer’s visits to other websites across the Internet.

Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.

Wisper does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers.

Because Wisper does not provide network ads, Wisper does not recognize the “Do Not Track” settings on various Internet browsers. Wisper does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

Links to other websites or online services

The Wisper website and/or Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to Wisper and our Affiliates. The presence of a link does not constitute or imply Wisper’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. Wisper encourages Customers to be aware and informed when Customers leave Wisper’s website and Wisper’s Facebook Pages, or any other social networking platforms.

Will Wisper share Customer Personal Information?

Customer’s Personal Information will only be disclosed to third parties (including Wisper’s Affiliates) as listed in this Privacy Policy, if Wisper has received your consent at the time Wisper will collect your Personal Information or prior to the disclosure of any Personal Information. Wisper reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via Wisper Services or website.

Wisper will not rent, sell or disclose Personal Information to anyone not related to Wisper for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of Wisper. (See “For Business Transfers” below for more information.) Wisper will share Customer Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:

• To Our Affiliates. Wisper relies on various Affiliates in order to provide the Service toCustomers. These are companies that are related to Wisper by common ownership or control.Wisper may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
• To Operational Service Providers: Wisper and its Affiliates contract with other companies and people to perform tasks or services on Wisper’s behalf and need to share CustomerPersonal Information to provide products or services to Customers. For example, Wisper may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Wisper, or Wisper may contract with third parties to assist Wisper in optimizing Wisper’s network. Unless Wisper tells Customer differently, Wisper does not grant itsOperational Service Providers any right to use the Personal Information Wisper shares with them beyond what is necessary to assist Wisper.
• For Business Transfers/Restructuring: Wisper may choose to buy or sell assets, or Wisper may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Wisper (or Wisper’s assets) are acquired, or Wisper goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
• For Protection of Wisper, and Our Affiliates, Employees, Operational Service Providers,Users and Subscribers and Public Safety: Wisper reserves the right to access, read, preserve, and disclose any Personal Information Wisper has access to if Wisper believes doing so will implement and/or enforce the Service Agreement, Website Terms of Use Agreement,Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of Wisper or Our Affiliates, employees and officers/directors, Operational Service Providers, Users and Subscribers, agents, third party licensors or suppliers, or the general public.
• When Required by Law or in Response to Legal Process: Wisper reserves the right to access, read, preserve, and disclose any Personal Information to which Wisper has access if

Wisper is required by law or legal process to do so, or if Wisper has a good faith belief that Wisper is required by law or legal process to do so.

Is Customer Personal Information secure?

Wisper endeavors to protect the privacy of Customer’s account and other Personal Information Wisper holds in its records using reasonable administrative, technical and physical security measures. However, Wisper cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of Wisper Services via Customer’s username and password.

Additionally, if Customer contacts Wisper, Wisper will ask Customer for verification of Customer’s identification and account. Wisper will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from Wisper or someone that claims they are with Wisper or Our Affiliates please contact our Privacy Administrator immediately: marketing@wisperisp.com.

For Wisper’s IT Support Services as detailed in our Service Agreement, the code that allows Wisper to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. Wisper is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

What Personal Information can Customers access, modify and/or delete?

Generally, Customer may access the following Personal Information in Customer’s account:

• Full name
• Username and password
• Email address
• Telephone number; and
• Billing and Service address
• Account and billing information

By contacting Wisper at marketing@wisperisp.com, or through any online access portal Wisper may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, Wisper may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.

When Customer updates Personal Information, however, Wisper may maintain a copy of the unrevised information in Wisper’s records for internal security reasons and record keeping. Some information may remain in Wisper’s records after it is modified, amended or deleted by Customer or Wisper. Wisper may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. Wisper may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer are no longer a Wisper customer as required by Wisper’s business practices, by law, and/or tax reporting purposes.

The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information Wisper has on file about Customer, please contact Wisper at marketing@wisperisp.com.

What third party disclosure choices do Customers have?

Customer can always choose not to disclose Personal Information to Wisper; however, certain Personal Information is necessary for Wisper to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.

Customer may opt out of email marketing and advertising from Wisper or its Affiliates using the “Unsubscribe” mechanism in each email. Before Wisper sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, Wisper will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to Wisper’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.

Customer may not opt out of Wisper’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for Wisper’s internal analytics used to monitor activity on Wisper’s website, measure Wisper Service performance, or to operate and protect the Wisper network.

Will this Privacy Policy ever change?

Yes, Wisper is constantly working to improve the Service, so Wisper will need to update this Privacy Policy from time to time as Wisper’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, Wisper will also make stylistic, organizational and/or grammatical changes to present Wisper privacy practices in a user friendly easy to read manner. Wisper will alert Customers to any such changes by placing a notice on www.Wisperinternet.com with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided Wisper with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on Wisper’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the Wisper website. If Wisper elects to use or to disclose Personal Information that identifies Wisper as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the Wisper website, Wisper will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

What if you have questions or comments about this Privacy Policy?

If you have any questions or concerns regarding Wisper’s privacy practices and policies, please contact Wisper at marketing@wisperisp.com.

© Copyright 2015, Wisper ISP, Inc. – All Rights Reserved.

Effective as of June 2020

Wisper ISP, Inc. (“Wisper”), “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:

• Transparency
• NO Blocking of Internet content, subject to reasonable network management as described below
• NO Throttling of Internet content, subject to reasonable network management as described below
• NO Unreasonable Discrimination
• NO Paid Prioritization of Internet content
• Freedom of Customers to access lawful content
• Freedom of Customers to use non-harmful applications of their choice
• Freedom of Customers to attach non-harmful personal devices

This Open Internet Policy sets forth certain information regarding the policies and practices of Wisper and how we manage our network for broadband Internet access service (the Wisper Network).  This Open Internet Policy is a supplement to and is incorporated by reference in our Wisper ISP, Inc. Master Service Agreement (“Service Agreement’”), and in the event of any inconsistency between this Open Internet Policy and the Service Agreement, this Open Internet Policy shall control.

Wisper’s broadband access service is primarily a fixed wireless service (“Service”).  Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer’s premises and the transmission point, as well as the Customer’s connection of multiple devices to the Wisper Network.  Although we have engineered the Wisper Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all Customers.

1. NETWORK MANAGEMENT PRACTICES
   1. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Customer from lawful content.
   2. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.
   3. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Wisper.
   4. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
   5. Congestion Management: Our Service is provided on a “best efforts” basis and our congestion management practices are in place to ensure that all Customers experience as high quality a service under varying usage periods. Our typical frequency of congestion is estimated at less than five percent. Customers select how much high-speed data they receive under a designated Service plan; the specific Service plan is set forth in the COS.  If a Customer exceeds his/her/its selected high-speed allotment during a service cycle, we may reduce the Customer’s data speed for the remainder of that service cycle.  We do not impose any additional usage limits for the Service.  In a manner consistent with our Service Agreement and Privacy Policy, we may monitor network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance the Wisper Network.  To help manage traffic on the Wisper Network, during times of high demand, we may allocate available bandwidth among Customers on an equal basis, by account level.  In addition, we may prioritize certain applications, such as public safety and voice, over other traffic types.
      1. We may also use specific traffic shaping software in order to provide a better quality of experience for customers.
      2. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the Wisper Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
      3. If we determine, in our sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the Wisper Network, we reserve the right to apply additional congestion management techniques.
   6. Application-Specific Behavior: Subject to the qualification that Wisper may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, Wisper generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the Wisper Network to potential legal liability, harm the Wisper Network or otherwise interfere with or impair the experience of other Customers on the Wisper Network.  The Wisper Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
   7. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Wisper Network. Wisper does not limit the types of devices that can be connected to the Wisper Network, provided they are used for lawful purposes and do not harm the Wisper Network, violate our Service Agreement, or harm other users of the Network.  However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Wisper Network negatively impacts other users or the Wisper Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Customers’ ability to connect such type of device to the Wisper Network.  If you need technical support services to assist you in the installation and configuration of third party devices, please contact us. Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.
   8. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Wisper Network. We monitor the Wisper Network for security threats and may prohibit certain activity on the Wisper Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Wisper Network or to other Customers.  Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent.  If we notice excessive Customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Wisper Network or use by other Customers, we will attempt to notify the Customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any Customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Wisper Network or to other Customers, or may expose us to potential legal liability.
2. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS Specific Service fees and rates for an individual Customer is set forth in the Customer’s Confirmation of Sale (“COS”).  Various information is also publicized on the Wisper Website.
   1. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Customers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:
      1. RESIDENTIAL
         1. Just Me details available at https://wisperisp.com/fees/
         2. Us details available at https://wisperisp.com/fees/
         3. Pro details available at https://wisperisp.com/fees/
         4. Ultra details available at https://wisperisp.com/fees/
         5. Velocity Plus 10 details available at https://wisperisp.com/fees/
         6. Velocity Plus 25 details available at https://wisperisp.com/fees/
         7. Velocity Plus 50 details available at https://wisperisp.com/fees/
         8. Velocity Plus 100 details available at https://wisperisp.com/fees/
      2. BUSINESS
         1. 25/5, details available at https://wisperisp.com/fees/,
         2. 50/5 details available at https://wisperisp.com/fees/
         3. Lit Building 30/10, details available at https://wisperisp.com/fees/
         4. Lit Building 50/15, details available at https://wisperisp.com/fees/
         5. Lit Building 100/20, details available at https://wisperisp.com/fees/
   2. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of Wisper’s broadband and VoIP services at the same time.
   3. Various Fees. We will assess the following fees for our Service, where applicable. Please see our Service Agreements for pricing details.
      1. Installation Fee details available at https://wisperisp.com/fees/
      2. Equipment Rental/Lease Fee (Wisper Care Plan) details available at https://wisperisp.com/fees/
      3. Equipment Purchase Fee details available at https://wisperisp.com/fees/
      4. Equipment Repair/Replacement Fee details available at https://wisperisp.com/fees/
      5. Late Fee details available at https://wisperisp.com/fees/
      6. Cancellation Fee details available at https://wisperisp.com/fees/
      7. Early Termination Fee details available at https://wisperisp.com/fees/
      8. Reconnection Fee for Terminated Service Due to Non-Payment details available at https://wisperisp.com/fees/
      9. Service Change Fee details available at https://wisperisp.com/fees/
      10. ACH Overdrawn Check Fee details available at https://wisperisp.com/fees/
      11. US Postal/Paper Bill Fee details available at https://wisperisp.com/fees/
      12. CAN-SPAM Damage Resolution Fees details available at https://wisperisp.com/fees/
   4. Fees for Additional Services: A current description of the fees for additional network-related services can be found at the links below:
      1. Colocation: details available at https://wisperisp.com/fees/
      2. Webmail: details available at https://wisperisp.com/fees/
      3. Web Hosting: details available at https://wisperisp.com/fees/
      4. Wisper Care Plan: details available at https://wisperisp.com/fees/
      5. Computer Repair and IT Support Services details available at https://wisperisp.com/fees/_
   5. Network Speeds: Wisper offers a standard range of download speeds to residential Subscribers varying from 5 Mbps to 100 Mbps. The standard range of download speeds for business subscribers is from 5 Mbps to 5 Gig.  The Wisper Network is designed to support these speeds to help ensure that every Customer receives the speeds to which they have subscribed.  Wisper however cannot guarantee speeds at all times, as there are many factors and conditions beyond Wisper’s control that can affect Internet performance.  Some of these external factors and conditions are:
      1. Performance of Subscriber computer and/or router
      2. Type of connection to Subscriber’s own equipment (i.e., Wi-Fi)
      3. Congestion of websites and services on Internet
      4. Website or service limiting speeds on the Internet
      5. Internet and equipment performance outside of the Wisper Network
      6. ***The Wisper Services are advertised as “up to” certain speeds reflecting performance under ideal conditions.  Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
   6. Acceptable Use: As set forth in the Service Agreements, all of Wisper’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise. The AUP is available here: https://wisperisp.com/policies
   7. Privacy Policy: Wisper’s current Privacy Policy is available here: https://wisperisp.com/policies
   8. Redress Options: Wisper endeavors to respond to all Customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at 800-765-7772, or info@wisperisp.com, or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 9711 Fuesser Road, Mascoutah, IL  62258
   9. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.
3. FCC REQUIREMENTS AND COMPLAINT PROCESS
   1. The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”).  Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom
   2. If a Customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC.  The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
4. ADDITIONAL DISCLAIMERS
   1. This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by Wisper that are designed to curtail copyright or trademark infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, our Customers and other end users.  Furthermore, this Open Internet Policy does not prohibit us from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content.  For additional information, please review the Service Agreement and Privacy Policy.

The Lifeline Service Program (“Lifeline”) is a federally funded program established to provide monthly assistance to low income households. The program is available to qualified low-income consumers and provides a discount on the qualified customer’s monthly service.

To participate in the program, customer’s must either have an income that is at or below 135% of the federal Poverty Guidelines or participate in certain assistance programs. You can see if you are eligible with the Lifeline Eligibility Pre-Screening Tool on the Universal Service Administrative website at www.lifelinesupport.org.

I.     Lifeline Program

a.  Qualified Wisper customers may receive a Lifeline discount on their voice service, broadband service, or as part of a bundled voice and broadband package. Terms and conditions of service are located in our Master Services Agreement. Once an application has been processed and accepted, a qualified Lifeline customer will have the Lifeline subsidy applied to their selected service.

b.   The Federal credit amount provided to qualified Lifeline subscribers will be the maximum amount authorized by the FCC.

c.     FCC rules prohibit more than one Lifeline service per household. The definition of a “household” is anyone living at an address (including children, relatives, people not related to the account holder, etc.) who share income(s) and household expenses. A household is not permitted to receive lifeline benefits from multiple providers.

II.      Eligibility

a.  To qualify for Lifeline service, a subscriber must meet certain state and federal eligibility requirements. These requirements are determined by the state in which the customer resides. These state and federal eligibility requirements include program-based eligibility or income-based eligibility.

b.  Program Based Eligibility. To be eligible for Lifeline services, individuals or families must show a card, letter, or official document as proof that they participate in and receive benefits under one of the following public assistance programs:

i.  Medicaid

ii.  Supplemental Nutrition Assistance Program (Food Stamps or SNAP)

iii.  Supplemental Security Income

iv.  Federal Public Housing Assistance (FPHA/Section 8)

c.  Income Based Eligibility. Consumers may also qualify for Lifeline services under the income-based eligibility criteria, if their total combined household income is at or below 135% of Federal Poverty Guidelines.

Ill.     Application

a.  Customers can apply for the Wisper Lifeline program by: completing and submitting the application available at: www.lifelinesupport.org. Customers must provide the supporting documentation that they meet the eligibility requirements; and certifying, under penalty of perjury, that they:

i.  Are eligible for and currently receive benefits from the public assistance program(s) identified in the application form, or that they have income at or below the designated poverty level.

ii.  Do not currently receive Lifeline support serving their household and no other resident in their household participates in the Lifeline program.

iii.  Have reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief, and that they understand that providing false or fraudulent information to obtain Lifeline benefits is punishable by law.

b.  If a subscriber is applying based on state or federal program-based eligibility, they will be required to provide a copy of a document or program card showing proof of their participation in the qualifying program (Section II. b. Program Based Eligibility). This document or card must include the participant’s name, address, program name and effective date of the award. For example, if you are eligible for the Lifeline program because you participate in the Medicaid program, you will need to submit a copy of your Medicaid benefit card with your application.

c.  If a subscriber is applying based on their household income being at or below 135% of the Federal Poverty Guidelines, they must provide income documentation. Acceptable documentation includes current income statement from an employer; prior year’s federal income tax return; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement or pension statement of benefits; an Unemployment or Workers’ Compensation statement of benefits; a federal notice letter of participation in General Assistance; a divorce decree; a child support award; or other official document containing income information.

d.  A customer’s application for Lifeline services will be evaluated by the applicable state or federal agencies to confirm and verify the customer’s eligibility to receive the Lifeline support. Once approved for support, customers must contact Wisper to complete additional application and acknowledgement forms. Once complete, the Lifeline subsidy shall be applied to the customer’s account on the first billing cycle after their acceptance into the program. No refunds will be provided for charges prior to enrollment and approval of the program.

e.  The Lifeline program is administered by the Universal Service Administrative Company

{“USAC”) and in some states by state agencies. By applying for Lifeline services, a subscriber consents and agrees to the disclosure of any and all information submitted by the subscriber to USAC, USAC’s agents, the National Lifeline Accountability Database and/or applicable state agencies to ensure the proper administration of the Lifeline program, and failure to provide such consent will result in the subscriber being denied the Lifeline service.

IV.     Restrictions and Requirements

1. Lifeline Service Areas. Wisper Lifeline services are only available for activation by subscribers who reside in certain census blocks in which Wisper has been designated an Eligible. Telecommunications Carrier (“ETC”). To receive a subsidized Lifeline discount, a subscriber’s principal residence address must be within at designated census block in a Wisper ETC service area. Subscribers should call 800-765-7772 to check whether they reside in an eligible area.

b.  Toll Calls. Wisper does not allow calls to 900, 976, and 1010 number and will not accept collect calls. Customers can utilize 911and 411services as part of a customer’s local and long- distance services. International services are not available.

c.  Nontransferable and Non-assignable. Eligibility for Wisper Lifeline services is personal and relates to the subscriber individually. Lifeline customers may not transfer to any third party, including a third party that is eligible for Lifeline services, any of the customer’s rights or benefits received under the Lifeline services.

d.  Changes to Eligibility. A qualified customer receiving Lifeline services must notify Wisper within 30 days if they no longer qualify for any of the public assistance programs identified in their application form, no longer meet the criteria for income eligibility, if another member of their household receives Lifeline benefits, or if they no longer qualify for Lifeline services for any other reason. Once a customer informs Wisper that they are no longer eligible for Lifeline services, Wisper shall unenroll the customer for Lifeline services and discontinue the customer’s Lifeline discount as of the first billing cycle following the effective date of the loss of benefits.

e.  Change of Address. A qualified customer receiving Lifeline services must notify Wisper within 30 days of any change of address. Continued service by Wisper upon a change of service address is subject to availability of service at the new address and continued receipt of the Lifeline subsidy from Wisper is subject to the location of the new service address. A change of service address that is not serviceable by Wisper may be subject to an early termination fee upon disconnect.

f.   Annual Recertification. Wisper customers receiving Lifeline services must certify annually that 1) they are still eligible to receive the Lifeline subsidy and 2) no one else in the household is receiving Lifeline services. If the re-certification process is not completed prior to the expiration of the one-year anniversary of the last approved certification they will lose, their Lifeline discount.

g.  Unenrollment. If Wisper determines during the re-certification process, or at any other time, that a customer fails to continue to qualify for Lifeline services, such customer will immediately be deemed ineligible to participate in the Lifeline service and will be unenrolled from the Lifeline service. If a qualified customer fails to complete their recertification by the deadline, they will be unenrolled from Lifeline service. A customer may choose to voluntarily unenroll from the Lifeline service at any time by submitting a Lifeline Change Notification/Request Form (available on our web site at: https://wisperisp.com) Upon unenrollment from the Lifeline program for any reason, the customer shall no longer receive the Lifeline discount as of the first billing cycle following the effective date of their unenrollment. Unenrollment from Lifeline Services for any reason will not terminate a customer’s service with Wisper and termination of a customer’s Wisper broadband Internet service may be subject to an early termination fee.

h.  Right to Terminate Service. Wisper reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s service for fraud, misrepresentation or other misconduct as determined solely by the Company. Customer agrees Wisper’ service will not be used for any other purpose that is not allowed by this agreement, the terms and conditions of Wisper’ voice service, or that is illegal. Wisper can, without notice, limit, suspend or end a customer’s service and unenroll a customer from Lifeline services for violating this provision or for any other good cause.