WISPER ISP, INC. ACCEPTABLE USE POLICY
(Updated and Effective July 2020)
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 (https://wisperisp.com/MasterServiceAgreement) 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.
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:
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.
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:
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.
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 privacy@WisperISP.com.
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.
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:
However, Wisper reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:
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:
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: privacy@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:
By contacting Wisper at privacy@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 privacy@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 privacy@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:
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’”) (available at: https://wisperisp.com/MasterServiceAgreement), 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.
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 on our website at: www.wisperisp.com/lifeline. 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 Wisper with 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 Wisper and/or any applicable state or federal agencies to confirm and verify the customer’s eligibility to receive the Lifeline support. Once approved, 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
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 by submitting a Lifeline Change Notification/Request Form (available on our web site at: https://wisperisp.com) 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-by submitting a Lifeline Change Notification/Request Form (available on our web site at: https://wisperisp.com) 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.
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