General Terms and Conditions

General Terms & Conditions:

The following terms and conditions shall apply to all customers subscribing to APUA Telecoms’ Broadband service. In utilizing APUA Telecoms’ Broadband service, Subscriber agrees to adhere to the terms and conditions of this Agreement. APUA Telecoms reserves the right to update this Agreement as necessary.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties (APUA Telecoms and Subscriber) and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

• Obtaining the Service:
  • APUA Telecoms will make every effort to meet the date agreed with the Subscriber for installation or activation of the service(s). In the event that APUA Telecoms has to change the installation date, we will contact you in advance to notify you of any changes.
  • Subscriber agrees that you or a person authorized by them (who is 18 or over) will be present when APUA Telecoms installs the equipment at your premises.
  • Subscriber further agrees that anyone authorized to represent you may also be required to make decisions on your behalf about equipment, wiring, work required to complete your install, in your absence. APUA Telecoms entitled to assume that any person other than the Subscriber who is present at installation is authorized to represent Subscriber.
  • Where APUA Telecoms needs to install equipment at Subscriber’s home, we will make every effort to fit the equipment where the Subscriber prefers. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit.
  • Should the Subscriber wish to alter the routing of any existing equipment such as cables or wall sockets, you must contact APUA Telecoms.
  • To provide the service(s), the equipment (modem) must be connected to equipment belonging to Subscriber e.g. a computer or television. Subscriber is responsible for ensuring equipment is working properly.
  • Subscriber agrees to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment.
  • Where APUA Telecoms needs to set up any service(s) on Subscriber’s equipment, we will guide you through this process on the day of installation, e.g. setting up broadband on your computer or phone or television.
  • Subscriber is responsible for applying for any consents and permissions necessary for APUA Telecoms to connect and maintain the equipment at their home (for e.g. any permission necessary to pull cable from the street to your address).
  • APUA Telecoms is not obliged to install or provide the service(s) unless all consents and permissions have been obtained. Further, we are entitled to assume that all necessary consents have been obtained unless we have been provided with something in writing stating otherwise.
  • APUA Telecoms’ obligation to provide the service(s) may also be subject to survey. If said survey shows that the service(s) require additional time and resources to be installed or connected at Subscriber’s home, or if a nonstandard installation is required, we may delay any installation date to ensure we can complete the work correctly.
  • APUA Telecoms also reserves the right to charge an additional installation fee, which would have to be paid in full before the installation is completed. We will notify you as soon as possible of the delay and new date, charges (if applicable) and approach.
  • Where a survey deems that service will not be possible, APUA Telecoms may cancel any installation date given and terminate this agreement. Subscriber will be notified of this as soon as possible after the survey.
  • APUA Telecoms does not have to connect the equipment at Subscriber’s home or otherwise keep to this agreement if:
    • Subscriber’s home is outside our service area or in a part of our service area where no network has been installed;
  • APUA Telecoms will be unable to activate the service(s) on your line or at Subscriber’s home for any reason; including if:
    • Subscriber does not have a legal electricity supply, provided by APUA.
    • Subscriber does not qualify under our current credit policy;
    • Subscriber is not able to be a customer because you have previously misused our service(s);
    • It is not practical to carry out the connection for health and safety reasons or for any other reason.
  • Where APUA Telecoms cannot provide the service(s) for the reasons explained above, APUA Telecoms shall not be under any liability whatsoever to you for any failure to provide the service(s) in these circumstances, but will refund Subscriber for any payments you have already made to APUA Telecoms for installation of the service(s).

• Payment Policies and Terms:
  • Billing is completed at the end of each month; full payment is due upon receipt. Accounts with an unpaid balance after thirty (30) days will be deemed delinquent.
  • Delinquent accounts are subject to an interruption and suspension of service. Once an account has been suspended for nonpayment, it shall remain suspended until the account is paid in full.
  • Accounts suspended for nonpayment are subject to a [insert] reconnection fee upon reactivation of service.
  • In the event a balance is not paid as agreed, the subscriber may be sent to a collection agency and agrees to pay collection fees equal to 40% of the unpaid balance and any court costs and attorney fees. A thirty-dollar ($30.00) fee will be added to an account balance in the event a payment is returned unpaid. If more than one payment is returned unpaid, we will only accept cash or certified funds as a method of payment.
  • As a matter of privacy, we will only provide account information to the registered account holder and authorized users.

• Equipment and Scope of Work:
  • All rented equipment, mesh devices, ONT’s and standard mounting equipment will at all times remain the property of APUA Telecoms. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party.
  • If renting any of APUA Telecoms’ equipment, Subscriber will be required to pay a [insert] deposit. If service is canceled, customer must return the equipment to APUA Telecoms within 7 business days to avoid additional charges.
  • If Subscriber fails to return or make available for removal any item of the equipment provided by APUA Telecoms through rental, the Subscriber may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, APUA Telecoms reserves the right to bring proceedings against Subscriber for the return of APUA Telecoms’ equipment.
  • Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by APUA Telecoms in obtaining or attempting to obtain possession of any such equipment.
  • On expiration or termination of this Agreement, Subscriber authorizes APUA Telecoms to retrieve from Subscriber’s premises any equipment that is owned by APUA Telecoms.
  • If Customer does not want to rent ONT’s or mesh devices from APUA Telecoms, the Customer may purchase equipment directly from APUA Telecoms, subject to the warranty communicated at the time of purchase.

• Additional Fees:

In the event that special construction or additional equipment including but not limited to: longer cable, additional grounding, conduits etc., an additional fee will be required for said equipment and any additional labor not included in the standard install.

• Support and Maintenance:
  • APUA Telecoms provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly, to meet our standards and for us to provide the service(s) to you.
  • APUA Telecoms will always aim to provide Subscriber with the best service possible, but will not be liable for interruptions, degradation or other problems which are beyond our reasonable control. Subscriber agrees to inform APUA Telecoms about any fault in the service(s) by contacting the Customer Support team, which will aim to respond as promptly as possible. In the event is not possible to correct a fault over the phone, APUA Telecoms will send a technician to correct the fault.
  • If Subscriber prevents necessary maintenance from being carried out (at a time previously agreed and arranged with Subscriber), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee.
  • Subscriber is responsible for maintaining any equipment which they own (for e.g. television sets, phones, computers and so on) that is relevant to the service(s).
  • APUA Telecoms is not responsible if Subscriber is not able to use the service(s) because their equipment (for e.g. computer, network interface card, printer, or other equipment) does not work properly or is not compatible with the system.

• Not Covered by Standard Maintenance:

Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or causes external to the system, such as, but not limited to: failure of, or faulty electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by APUA Telecoms, or from any cause related to or other than the intended and ordinary use.

• Access:
  • Subscriber authorizes APUA Telecoms to access and track various settings on their ONT’s, such as wireless network SSIDs, etc. for the purpose of integration into a wider public network.
  • Subscriber authorizes APUA Telecoms to install, keep and use apparatus (including, but not limited to, equipment and additional equipment) at their home and agree that APUA Telecoms, its employees, agents or contractors may enter their home, providing reasonable notice and with Subscriber’s permission, so that APUA Telecoms can:
    • Carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for them to supply the service(s) Subscriber has asked for; and
    • Inspect any apparatus and equipment (such as your TV or computer) which Subscriber may keep there.
    • APUA Telecoms agrees to cause as little disturbance as reasonably possible when carrying out any work at Subscriber’s home.
    • Subscriber agrees not to do anything, or allow anything to be done, at their home that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
    • Subscriber confirms that they are:
  • The current owner of the home; or
  • A tenant under a valid lease; and or
  • A licensed occupier of the home.

• Abuse of Services:
  • Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services.
  • The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this Agreement.
  • The use of APUA Telecoms’ services by Subscriber’s to modify, alter, reverse engineer, decompile disk or disassemble any proprietary work in whatever form is a violation of this Agreement.
  • The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter-router protocol by Subscriber is a violation of this Agreement.
  • Any Subscriber deemed by APUA Telecoms to be in violation of this section is subject to immediate termination by APUA Telecoms.
  • Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.

• Monitoring:

APUA Telecoms has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if APUA Telecoms, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.

• Subscriber Information:
  • Subscriber must provide, promptly and accurately, all the information which may be needed, so that APUA Telecoms can perform its respective obligations under this agreement.
  • Subscriber must also tell APUA Telecoms immediately if any of their details change.
  • By having the service(s) provided by APUA Telecoms installed in their home and/or by using them, Subscriber is providing your consent to use their personal information together with other information for the following purposes:
    • Providing you with the service(s), service information and updates;
    • Administration, credit scoring / control, customer services, training;
    • Tracking use of APUA Telecoms’ service(s) (including usage, billing, viewing and interactive data);
    • Profiling Subscriber’s usage and viewing (for example, the websites visited and types of data being downloaded).
    • Improving and developing the service(s) for Subscriber.
  • Subscriber’s personal information may be used for these purposes for the period they are a customer.
  • Occasionally, third parties may be used by APUA Telecoms to process Subscriber’s personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions (as applicable).
  • APUA Telecoms may share with third parties information about Subscriber’s use of the service(s) in an aggregated form which will not personally identify Subscriber. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
  • Subject to subscriber’s consent, APUA Telecoms may use personal information to contact Subscriber with information about products and services, special offers and rewards, as well as those of selected third parties. From time to time, APUA Telecoms may contact Subscriber by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages, including using automated calling systems) or fax for these purposes.
  • APUA Telecoms may also disclose Subscriber’s personal information to other APUA business units so that they can contact Subscriber with information about their products and services where you have given us your consent to do so. Personal details won’t be shared with companies outside the APUA business units.
  • If Subscriber changes their mind at any time and no longer wish to receive this information from APUA Telecoms, Subscriber may contact Customer Service, for more information.
  • If Subscriber opts out of receiving this information from APUA Telecoms, we will not contact you for marketing purposes, nor will we share your information with other APUA business units for them to market to you. If you say you do not wish to receive any promotional information from us, this will exclude Subscriber from receiving any of our special offers or promotions which may be of interest to you. You can also opt out of receiving marketing information from other APUA business units at any time by contacting them directly.
  • Subscriber has a right to ask for a copy of their information (for which APUA Telecoms may charge a small fee) and to correct any inaccuracies.
  • If Subscriber does not pay bills for the service(s), then APUA Telecoms reserve the right to transfer their debt after a period of ninety (90) days to a third party with reasonable notice to Subscriber, in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of or with our instructions in relation to how this debt is recovered. APUA Telecoms may also disclose information about you if required to do so by law or by order of a court or other competent body.

• Disclaimer:

APUA Telecoms assumes no responsibility for the content contained on the Internet or otherwise available through the network or from any source accessible via APUA Telecoms’ services. APUA Telecoms discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by APUA Telecoms which may be offensive to some individuals, which may not be in compliance with local, laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content.

Subscriber acknowledges to APUA Telecoms that its use of APUA Telecoms’ service to access information, content or other services is at its own risk.

• Indemnification / Release:
  • Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release APUA Telecoms, its affiliates, sub-contractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of or termination of APUA Telecoms’ services hereunder including but not limited to,
  • Subscriber’s access to content uploaded or downloaded using APUA Telecoms’ service from any source or to any recipient. Subscriber further releases APUA Telecoms from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through APUA Telecoms’ systems and/or the network.
  • Subscriber’s release of APUA Telecoms includes any actions or inaction by APUA Telecoms which amounts to negligence.

• Term &Termination:
  • The term of this Agreement will commence on the date Customer submits an Order and remain in effect until the expiration of the latest Service Term for any Service(s) appearing on any Order and incorporated under this Agreement.  
  • Thereafter, the Service Term will automatically on expiration for an additional equivalent term.
  • Subscriber may terminate this Agreement by submitting a request for termination in store. Subscribers will be required to pay out the remaining balance of the contract period upon cancellation along with an early termination fee equivalent to three (3) month’s subscription. All rented equipment must be returned or the deposit will be forfeited.
  • Subscriber cancellation will result in immediate deactivation, (switching off) of any relevant equipment supplied by APUA Telecoms.
  • In the event of premature termination of this agreement or cancellation of the servicesis ended for any reason, or if any of the service(s) are cancelled, APUA Telecoms will be entitled to use any money held (including deposits and advance payments) to pay any obligation or debt Subscriber may owe under this agreement.
  • APUA Telecoms may end any of this agreement immediately if:
    • Subscriber becomes insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
    • APUA believes that Subscriber or another person at their home have committed, or may be committing, any fraud against us or any other person or organization, by using the service(s) or equipment (or both);
    • APUA Telecoms has reason to believe that Subscriber has provided them with false, inaccurate or misleading information either for the purpose of obtaining the service(s) and/or the equipment from them or at any time during the provision of the service(s);
  • If APUA Telecoms ends this agreement for any of the aforementioned Subscriber may be liable to pay charges you for the remainder of the minimum period.
  • If subscriber breaks this agreement by committing fraud or any other criminal activity, we may report this to the police, who may take legal action.
  • Without prior notice, APUA Telecoms may terminate this Agreement, Subscriber’s password, account, or access to services, if APUA Telecoms, in its sole discretion, believes the Subscriber has violated this Agreement, its Acceptable Use Policy, or any of the applicable user policies, or if Subscriber fails to pay any charges when due.
  • APUA Telecoms may provide termination notice to Subscriber via the e-mail address provided on the Subscriber’s account or by local mail service to the address provided for the Services.
  • Termination by APUA Telecoms for violation of APUA Telecoms’ Acceptable Use Policy shall be subject to the termination fees as described above.

• Amendments to this Agreement:
  • Subscriber may add to or reduce the service(s) received from time to time by contacting the Customer Services team. If the Subscriber requests any extra service(s), Subscriber agrees to accept those additional service(s) for at least the minimum period that applies to them.
  • If Subscriber asks APUA Telecoms to reduce their level of service(s) within the minimum period for those service(s), APUA Telecoms may charge a fee depending on the service(s) being reduced and the remaining length of the minimum period. If Subscriber wishes to reduce their level of service(s) they must give 30 days’ notice and pay any charges up to the end of that 30-day notice period.
  • APUA Telecom may, at any time, improve, modify, amend or alter the terms of this agreement and/or the service(s) and their content if:
    • There is any change or amendment to any law or regulation which applies to APUA Telecoms or the service(s) provided to Subscriber;
    • APUA Telecoms decides that the service(s) should be altered for reasons of quality of service or otherwise for the benefit of customers or, in their reasonable opinion, it is necessary to do so;
    • For security, technical or operational reasons;
    • The changes or additions are minor and do not affect the Subscriber significantly, or APUA Telecoms wishes to have all our customers on the same terms and conditions; or
    • In all other events, APUA Telecoms reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the service(s) provided to you. However, you will have the right to cancel the affected service(s) or end this agreement if the changes are significant.
  • APUA telecoms may change its charges at any time. Any changes to our monthly charges will be published on the APUA Telecoms website and the Subscriber will be given thirty (30) days’ advance notice of the change(s).

• Additional Clarifications, Terms and Conditions:
  • User names and passwords are APUA Telecoms’ property and APUA Telecoms may alter or replace them at any time.
  • APUA Telecoms has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage.
  • APUA Telecoms cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.
  • Subscriber understands that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some of the outages.

This Acceptable Use Policy (this “Policy”) is an integral part of the APUA Telecoms General Terms and Conditions and is specifically incorporated into such Agreement. For purposes of this Policy, “Customer” shall be defined to include APUA Telecoms’ Customers and also a Customer’s end users and account holders. This Policy is subject to change with notice by publication on our web site:  Customers are responsible for monitoring the identified web site for changes.

This Policy is designed to help protect APUA Telecoms, APUA Telecoms’s Services, our Customers, and the Internet community in general from irresponsible, inappropriate, and illegal activities. The Internet is a conglomeration of online databases operated by distinct entities having no business or legal relationship with APUA Telecoms. APUA Telecoms does not control the content of Internet data accessed via its Services.  Customers are solely responsible for any value or reliance they place on information they obtain via the Internet or the Services. Information derived from the Internet is provided “as is” and is accessed at the Customer’s own risk. APUA Telecoms warrants only that it shall, subject to the terms and conditions of this Policy and its Service Agreement, provide Customer access to the Internet and makes no other warranties.

• Acceptable Use Principles:

APUA Telecoms agrees to provide high-speed Internet to the Subscriber, subject to the following terms and conditions:

• This service is for single-family residence or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Re-selling this service will result in immediate disconnection.
• Subscriber acknowledges that all of the APUA Telecom services are intended for periodic, active use of email, user newsgroups, transfers via FTP, Internet chat, Internet games, and browsing of the Internet.
• Subscriber must comply with all current bandwidth, data storage, and other limitations on the APUA Telecoms’ service.
• Subscriber agrees not to intentionally use the APUA Telecoms’ service on a standby or inactive basis in order to maintain a connection.
• The excessive use or abuse of APUA Telecoms’ network resources by one Customer may have a negative impact on all other Customers.   Accordingly, you may not use the APUA Telecoms’ 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 at APUA Telecoms’ sole discretion. Such prohibited actions include, but are not limited to:
  • using the APUA Telecoms’ service to host a web server site which attracts excessive traffic at your location,
  • continuously uploading or downloading streaming video or audio, use net hosting, continuous FTP uploading or downloading,
  • or acting in a manner that negatively effects other users’ ability to engage in real time exchanges and use of APUA Telecoms’ service. 

• Prohibited Activities:

The actions described below are strictly prohibited under this Policy. These examples are not representative of actual Customer experiences and are provided solely for guidance to Customers. If a Customer questions whether a contemplated use or action is permitted, it is Customer’s responsibility to determine whether the use is permitted by contacting APUA Telecoms at [insert number]

• Illegal Activity:

APUA Telecoms’ Services shall be used in compliance with all applicable laws at all times. Accordingly, APUA Telecoms strictly prohibits the use of Services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.

• Unauthorized Access/Interference:

A Customer may not attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of APUA Telecoms’s network. A Customer may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A Customer may not use the Services to monitor any data, information or communications on any network or system without appropriate authorization. A Customer may not attempt to gain unauthorized access to the user accounts or passwords of other Users.

• Unsolicited Commercial Email/Spamming/Mail Bombing:

APUA Telecoms’s Services may not be used to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. In addition, APUA Telecoms prohibits the use of the Services for any “spamming” or “mailbombing” activities. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to APUA Telecoms’s network, is similarly prohibited. Likewise, a Customer may not use the Services to collect responses from mass unsolicited e-mail messages. APUA Telecoms may in its sole discretion rely upon information obtained from anti- spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a Customer is an active “spam operation” for purposes of taking remedial action under this Policy.

• Spoofing/Fraud:

APUA Telecoms prohibits Customers from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A Customer may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the Customer for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a Customer’s identity in connection with use of the Service is also prohibited.

• VOIP Usage:  

Unauthorized or excessive use of VoIP Services beyond that normally experienced by typical business customers violates this AUP and may cause congestion issues and interference with APUA Telecoms’ network and third-party networks with whom APUA Telecoms may connect for call initiation and completion services.  APUA Telecoms reserves the right to review Customers’ accounts at any time for potential abuses of this AUP or usage in excess of Customer’s agreed use.  APUA Telecoms may determine abnormal or abusive usage based on comparisons to usage patterns of other customers.  If APUA Telecoms determines that Customer has violated this AUP or otherwise exceeded Customer’s expected usage, APUA Telecoms may invoice Customer, and Customer shall pay for such excessive use at the then-current rates established by APUA Telecoms.  In addition to excessive use charges, if APUA Telecoms identifies excessive or abusive traffic patterns, APUA Telecoms reserves the right to change Customer’s applicable rate plan or suspend or terminate Service with or without notice.

• Other Prohibited Activities:

Intentionally transmitting files containing a computer virus or corrupted data; repeatedly exceeding any agreed upon bandwidth limitations on the Customer’s account; attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of APUA Telecoms’s Services; advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to deliver unsolicited commercial email; any activity that disrupts, degrades, harms or threatens to harm APUA Telecoms’s network or Services; any use of another party’s electronic mail server to relay email without express permission from such other party; any other inappropriate activity or abuse of the Services (as determined by APUA Telecoms in its sole discretion), whether or not specifically listed in this Policy.

APUA Telecoms is an ISP providing valuable Internet access, products, and support services to its subscribers and other Internet users. APUA Telecoms provides web surfers with applications, information, and links to make the Internet experience more productive and fun. APUA Telecoms respects the privacy of every individual who uses APUA Telecoms services. This Privacy Policy provides notice of the standards and terms under which APUA Telecoms protects such privacy. This Privacy Policy provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

1.0. Personally-Identifiable Information:
In providing services, APUA Telecoms may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. In other instances, APUA Telecoms collects anonymous demographic information that is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. APUA Telecoms receives personal information from users of the APUA Telecoms only when such information is provided voluntarily, such as when users login, register or enroll for services, send e-mail to us, post other communications, or provide credit card information for a purchase from APUA Telecoms or a third party.

When you provide personally-identifiable information to APUA Telecoms, it will be used to fulfill your specific request. Absent any instructions from you, APUA Telecoms may use information you provide to inform you about additional services and products offered by APUA Telecoms and other goods and services providers with whom APUA Telecoms has relationships. APUA Telecoms will not, however, sell or trade your personally identifiable information unless authorized or legally required to do so. APUA Telecoms does not associate sensitive data, such as your race, religion, or political affiliations, with personally identifiable information. APUA Telecoms takes precautions to segregate any sensitive data you may provide that reference your race, religion, sexual orientation, ethnicity, or political affiliations.

In those instances when you may provide APUA Telecoms with credit card or other ordering information via the web, APUA Telecoms protects and secures this information by employing commercially customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, APUA Telecoms will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, APUA Telecoms assumes no obligation to protect such information from disclosure.

Although APUA Telecoms takes commercially reasonable steps to protect your information, please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through communications services, such as chats, communities, instant messaging, or other services provided by APUA Telecoms or third parties, this information may be collected and used by others. APUA Telecoms encourages you to review the privacy statements of websites you choose to view so that you understand how those websites collect, use and share your information. APUA Telecoms is not responsible for the privacy statements or other content with respect to any third-party websites.

2.0. Generic Information:
In general, APUA Telecoms gathers some generic information automatically. Generic information does NOT reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the parts of the APUA Telecoms Sites/Services visited or utilized. APUA Telecoms gathers this information for the limited purpose of determining customer service and website needs. We accomplish this by using certain technologies, including “cookies” (a technology that can be used to provide the visitor with tailored information about APUA Telecoms services). APUA Telecoms does not combine information collected in this way with any personally-identifiable information. You can set your browser to notify you when you receive a cookie and you can refuse it.

3.0. APUA Telecoms Hosted Applications:
APUA Telecoms has relationships with third parties who supply services that entail the collection and sharing of your personal data. Your personal data will be stored, transmitted, processed and displayed solely to the extent reasonably necessary to offer, provide, maintain and/or develop enhancements to the Software and/or Subscription Services and the delivery of the Software and/or Subscription Services. APUA Telecoms websites contain links to sites that belong to third parties unrelated to APUA Telecoms. APUA Telecoms cannot protect any information you may disclose in these sites and recommends that you review the privacy policy statements of those sites you visit.

4.0. Exceptions and Limitations:
Notwithstanding the foregoing and in compliance with applicable laws, APUA Telecoms cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to APUA Telecoms) or purported unlawful activities of any user of the APUA Telecoms Site/Services. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, APUA Telecoms may be required to disclose personally identifiable information. In addition, APUA Telecoms may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate APUA Telecoms; or (iii) to protect the rights or property of APUA Telecoms or others. APUA Telecoms reserves the right to sell or transfer your information (including , but not limited to name, address information, and other information you provided to APUA Telecoms) to a third party that may purchase APUA Telecoms’ operations or assets, provided such acquirer agrees to adhere to the terms and conditions of this Privacy Policy. Otherwise, APUA Telecoms in no way sells any information to any outside or third- party vendor.