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LegalNextlink Wireless, Inc. Acceptable Use Policy Acceptance of Terms Through Use
This site provides you the ability to learn about Nextlink®, the products and services we provide, as well as the ability to access our network and services ("Nextlink Services"). By using the LMDSXchange site, as well as any other site owned and operated by Nextlink, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the Nextlink Customer of record, Nextlink Customer end users and other visitors to this or other Nextlink sites.
This Acceptable Use Policy (“AUP”) is used in conjunction with the terms of your service agreement. Violating any of these policies grants Nextlink the authority to take action to restrict or terminate your access to Nextlink Services or sites. Nextlink reserves the right, at its discretion, to update or revise this policy, any other policy or statement on any Nextlink website, and any product offerings or programs described on any Nextlink website. Please check back periodically to review any changes to this policy.
Nextlink disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Nextlink does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall Nextlink (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by Nextlink to enforce this policy in every instance in which it might have application does not amount to a waiver of Nextlink's rights
Lawful Use User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and Nextlink Services, the following rules have been established to protect against abuse:
Use of this site or Nextlink Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the Nextlink Network or Nextlink Services or any other party's use or enjoyment of this site, the Nextlink Network or Nextlink Services, is strictly prohibited.
Specifically, a visitor to this site or any Nextlink customer may not:
Additionally, , by use of any Nextlink Service or another service, users are prohibited from uploading, posting or otherwise distributing or facilitating distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Nextlink's discretion:
· This prohibition extends to the sending of unsolicited and/or mass e-mailings from any Nextlink account, or via another service which in any way (i) implicates the use of this site or Nextlink Services, Nextlink equipment or any Nextlink e-mail address; (ii) that is relayed from any Nextlink or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the Nextlink Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
· A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
· Senders should: (i) confirm that the actual owner of each email address, particularly email that are part of a list, agreed to receive email and/or bulk email from the sender; (ii) include their email and/or physical address in any bulk mailings; and (iii) provide recipients with an effective means of removing their email from lists.
PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM") (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999); the Washington Commercial Electronic Mail Act ( Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.
Nextlink reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Nextlink Network, including the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to Nextlink which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Nextlink will use commercial reasonable efforts to ensure that such testing will not adversely affect Service provided to Customer or compromise the security of Customer's network. Customer may be required to correct any system vulnerability upon notification and/or suspend or terminate operations of a known compromised system.
Your participation in online communication or use of any Nextlink service is not edited, censored or otherwise controlled by Nextlink. However, Nextlink reserves the right to monitor content on this site and any Nextlink Services and to remove content, disable sites, or suspend or terminate services if Nextlink, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
International Use Nextlink makes no representation that materials available on this site or any or through any Nextlink service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by Nextlink from other locations are responsible for compliance with local law.
Intellectual Property Rights Copyright: All Nextlink web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Nextlink Wireless, Inc. . © 2007. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and Nextlink shall, in any event, retain all copyright and other proprietary interests therein.
Trademark: Nextlink; Nextlink Wireless, Inc.; the Nextlink design logo; lmdsXchange and all other related names, design marks, product or feature names are either registered trademarks or trademarks of Nextlink Wireless, Inc. in the United states and/or other countries. Nextlink marks may not be used without the express written permission of Nextlink. All other products and services referenced in this site are the trademark or service marks of their respective owners.
Patents: Components of certain services provided by Nextlink are subject to United States Patent No. 6,611,861.
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Nextlink service. Nothing on any Nextlink website shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Nextlink by virtue of it being displayed or made accessible on any Nextlink website. Except as expressly authorized, you agree not to use this site or any Nextlink Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Nextlink Services.
User's Grant of Limited License By posting or submitting content to any Nextlink website, you:
Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Eastern District of Virginia.
Notices The Nextlink Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by Nextlink subscribers. Nextlink takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary. Nextlink assumes no responsibility for costs incurred for defending or asserting a violation of the Nextlink Terms of Service Agreement or Acceptable Use Policy.
General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to support@LMDSXchange.com. Nextlink will reasonably investigate incidents involving such violations. Nextlink may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability to the perpetrator of such violation(s).
Fraud Complaints: Nextlink recognizes that acts of fraud can be and are committed over the Internet. Nextlink encourages all Customers and Internet users to be vigilant about protecting their personal information, account numbers, id's, passwords, etc. As with non-Internet fraud, fraud complaints are best and most appropriately made to law enforcement authorities. Nextlink specifically disclaims any and all liability associated with fraud committed to or by a Nextlink customer either through use of a Nextlink site or Nextlink services. If a User believes it has been the victim of Internet fraud (either via the web or through email), Nextlink encourages you to contact your local or state consumer protection authority, or one of the several U.S. agencies that handle complaints about Internet fraud, including:
Rev. 08/07
Nextlink® Privacy Policy The lmdsXchange is a service sponsored by Nextlink Wireless, Inc. (Nextlink) , a division of XO Holdings, Inc., respects the privacy of every individual. This Privacy Policy applies to Nextlink Customers and visitors to Nextlink websites in the United States. This policy statement provides detailed information about how Nextlink collects and uses information gathered about web visitors and Customers. This policy is dated and may change from time to time, so please check back periodically to review this information.
I. General Principles:
Personal privacy is important to Nextlink. We respect the privacy of every individual and take reasonable measures to protect the privacy of information provided to Nextlink by others. The personal information collected by Nextlink falls into two basic categories: (1) information collected from and/or provided by web-site visitors to the Nextlink sites; and (2) information collected about Customers. Third-party service providers or those whose sites may appear on the Nextlink sites may also collect personal information; however, their practices are not necessarily within the control of Nextlink.
Nextlink employees are subject to the Nextlink Business Ethics Guidelines which include, among other things, compliance with legal requirements and company policies relating to the privacy of communications and the security and privacy of Customer records. Nextlink employees are expected to abide by this policy and follow applicable laws, rules, regulations, and court or commission orders that apply to our business. Employees who fail to meet the standards embodied in the Guidelines may be subject to disciplinary action, up to and including dismissal.
A. Information Collected Via the Internet The information available to Nextlink when a web visitor is on a Nextlink site helps Nextlink to improve the quality and usefulness of our sites. In general, Nextlink gathers some generic information automatically to make the Nextlink sites more helpful to visitors. Generic information does not reveal the identity of a visitor, and usually consists of the Internet address assigned to the visitor's computer, the number and frequency of visitors, the Nextlink sites visited, etc. Nextlink accomplishes this by using certain technologies, such as web log analysis, data-tagging tools and/or "cookies. " These technologies can be used to provide the visitor with tailored information about Nextlink services and help make our sites more responsive by helping to personalize each visitor's experience. Nextlink does not combine information collected in this way with any personally-identifiable information. If you don't want to accept cookies, you can set your browser to notify you when you receive a cookie and so that it can be refused or accepted. Refusing cookies may, however, make certain features on Nextlink sites unavailable.
Of course, some activities require personal information -- when making a purchase, enrolling for a referral program, submitting a resume, requesting certain types of information, sending an e-mail to a Nextlink Site, etc. (when provided by web visitors who are or become Customers as a result of their visit to a Nextlink Site, such information will thereafter be treated as Customer information, see below). Where visitors voluntarily submit questions, comments, feedback, suggestions, ideas or the like, Nextlink will treat that portion of the information as non-confidential and non-proprietary and assumes no obligation to protect such information from disclosure.
Whenever personal information is provided on a Nextlink Site, it will be used for the specific purpose or to respond to the specific request for which it was given. In most cases, there is the opportunity to select whether Nextlink may, or may not, use this information for additional purposes. Individuals may also request that Nextlink not use their information for certain purposes by clicking on http://www.lmdsxchange.com/index.php?id=168 and updating contact preferences. Nextlink continues to have, and reserves the right to send Customers service updates, bulletins and other important information about their Nextlink services.
Absent any instructions limiting the use of a visitor's information, Nextlink may use the contact information provided by visitors to Nextlink sites to provide information about additional services and products offered by the Nextlink family of companies, Nextlink authorized agents, and other goods and services providers with whom Nextlink has relationships and whose offerings might be of interest to visitors. Nextlink will not, however, sell or trade a visitor's personal information unless we are authorized by you or legally required to do so, or in the case of imminent physical harm to the visitor or others.
Additionally, Nextlink websites contain links to sites that belong to third parties unrelated to Nextlink. Nextlink assumes no responsibility for the content accessible on such sites or the privacy practices of those content providers and recommends that visitors to those sites review the privacy policy statements of those sites.
B. Information Collected from Customers 1. Customer Information Collected by Nextlink When enrolling for or purchasing services from Nextlink, or participating in a business referral program, Customers may be required to provide some or all of the following information in order to order services: Name; Service Delivery Location/Address; Billing Address; Account Number; Phone or Fax Number; and Email Address. The information requested may also include information required for engineering studies, frequency coordination, line-of-site analysis and/or FCC filing requirements. For account security, verification or tax purposes, Nextlink may also request: Date of birth, Social Security Number or Driver's license number of the person placing the order or making a service request. For corporate accounts, Nextlink may also request additional information which may include, but is not limited to, the Company/Customer name, Federal Tax ID, and other information a company Customer/employer may ask Nextlink to collect, such as purchase order number, employee number and job title of the individual responsible for business account administration.
2. How Nextlink Uses Customer Information Nextlink needs the Customer information it collects from its Customers to process orders, provide and bill for services. Nextlink may also share necessary information with outside parties, such as third party vendors or shipping companies, to complete an order.
Absent any restrictions on our use of Customer Proprietary Network Information (CPNI) or instructions from you otherwise, Nextlink may use Customer information and/or CPNI to provide information about additional services and products offered by the Nextlink family of companies, Nextlink authorized agents, and other goods and services providers with whom Nextlink has relationships and whose offerings might be of interest to Customers. Nextlink will not, however, sell or trade CPNI or other contact information unless we are authorized by a Customer or legally required to do so. Additionally, Nextlink and its agents can and will use Customer contact information to get in touch with Customers if Nextlink has trouble processing an order or needs to contact a Customer about a service or billing related matter. Nextlink may also, where permitted by law, provide this information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for Nextlink-offered products and services.
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II. Email Addresses
Nextlink collects email address information from Internet visitors and Customers (where voluntarily provided or required). Nextlink will use your email address to respond to any email inquiry sent to Nextlink, or to follow up on your visit to the Nextlink sites. From time to time, Nextlink may send emails about Nextlink products and services, or offers that Nextlink believes will be of interest. Nextlink may also share your email address with providers whom Nextlink has a relationship with and who either provide Nextlink-offered services or whose products or services may also be of interest. In all cases, we hope recipients will find this information useful, but if you do not wish to receive such email from Nextlink, please indicate that you'd prefer not to receive such information or offers from Nextlink by visiting LMDSXchange Contact Preferences to update your contact preferences or by clicking on the "unsubscribe" link that we include in all of the commercial emails we send.
III. Exceptions and Limitations There are times when, in order to comply with applicable laws, regulations, court or administrative orders, subpoenas or other matters, Nextlink must disclose information. Nextlink cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Nextlink) or purported unlawful activities of any user of any Nextlink Site or Nextlink service, and takes reasonable measures to protect the proprietary rights of the Nextlink Companies. If necessary to comply with law or cooperate with law enforcement activity, Nextlink may disclose personally identifiable information of web visitors and/or Customers. Nextlink reserves the right to, and will, share information when it believes, in its sole discretion, it is necessary to prevent unlawful use of communications services, when necessary to repair or restore network outages, in emergency situations (e.g. matters of public safety, etc) or to protect the security or integrity of the Nextlink sites or the Nextlink Companies. In addition, Nextlink may monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request (e.g. response to private or law enforcement-issued subpoena); (ii) if such disclosure is necessary or appropriate to operate Nextlink (e.g. recording of Customer Care calls); or (iii) to protect the rights or property of Nextlink or others (e.g. to prevent fraud, infringement of rights, etc).
Additionally, in connection with the potential sale or transfer of any of its interest in any Nextlink Affiliate or Nextlink Site, Nextlink reserves the right to sell or transfer visitor or Customer information to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be Nextlink's successor in interest with regard to the maintenance and protection of information collected and maintained by Nextlink; and (iii) agrees to the material obligations of this policy statement.
IV. Security Nextlink utilizes technological and business efforts to keep Customers' personal information secure and confidential through safeguards such as the use of secure encryption technology during transmission of certain data, or by restricting physical access to systems on which personal information is stored by appropriate logon and/or password controls. Information collected from visitors and Customers is stored in databases Nextlink controls directly or through contracts with service providers. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. Nextlink cannot guarantee the security of databases, nor can Nextlink guarantee that information supplied by you will not be intercepted while being transmitted over the Internet.
V. Protecting the Privacy of Children Protecting the privacy of the very young is uniquely important, particularly on the Internet. Nextlink sites are designed to provide commercial business information and allow service ordering and management by adults. Nextlink sites are not designed to attract minors, in particular children under the age of 13. Nextlink does not market to or knowingly collect information from anyone under the age of 13. Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.
rev. 08/07
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