Wireless Network Acceptable Use Policy

Cape.Com, Inc. - Mashpee, MA

Applies to:  Cape.Com Customers, Users and Employees, plus Guests/Patrons using the Cape.Com Wireless Network.

Please note: Cape.Com offers its wireless network as a free, public service and does not guarantee interruption of service or specific rates of speed, and thus, does not provide personal technical support for its free public wireless network.

Summary:  Cape.Com, Inc. provides a public wireless network for the purpose of accessing the Internet, for its customers, users, employees, and guests/patrons of the various hotspots wired by Cape.Com, Inc. Use of the Cape.Com wireless network is governed by all applicable local, state, and federal laws, this Wireless Network AUP and Cape.Com, Inc.'s general Terms of Service. Cape.Com offers the network as a free service and does not provide technical support for such. For instructions on how to configure and login to the network, please refer to the document How to Use the Cape.Com Wireless Network.

Contacts: Cape.Com, Inc., (508) 539-9500, support@cape.com.

Authority: By using the Cape.Com wireless network, users are granting permission for authorized network administrators to monitor and/or intercept electronic communications.  Access that is necessary to render services or to protect the property of the provider of the services (Cape.Com, Inc.) is allowed under the Electronic Communications Privacy Act of 1986 (ECPA).  Cape.Com does not monitor personal communications on a regular basis, but may do so on occasion to monitor network performance and to ensure adherence to this AUP.

Privileges of Network Users: The primary purpose of the Cape.Com wireless network is to provide a convenient wireless means of Internet access for the user.  Cape.Com customers will be granted unlimited access to this wireless network in the designated hotspots areas, as technology and network capacities allow. Guest users will be granted usage limited to one (1) hour per session login.

Responsibilities of Network Users:

1. Access to the wireless network is through individual accounts with password protection.  All willful violations of this policy that can be traced to an individual account name will be treated as the sole responsibility of the owner of that account.  Do NOT share your username and password with others.

2. Users are responsible for ensuring they have the appropriate compliant wireless card (802.11b) and are running up-to-date antivirus software on their wireless device.

3. Wireless network users must respect all copyrights.  Commercial software licensed to Cape.Com, Inc. may only be installed on devices expressly covered by the licenses.  The downloading or sharing of copyrighted materials is strictly prohibited.

4. The running of programs, services, systems, processes or servers by a single user, or group of users, that may substantially degrade network performance or accessibility will not be allowed.  Electronic chain letters, mail bombs, and excessive recreational use of the network are prohibited. Any action which promotes or furthers pornographic or inappropriate usage is prohibited. Connecting to "Peer to Peer" file sharing networks or downloading large files, such as CD ISO images, is also not allowed.

5. Please know that wireless internet access is inherently not secure, and users should adopt appropriate security measures when using the Cape.Com wireless network. Users must be aware that as they connect their devices through the wireless network that they expose their devices to: worms, viruses, trojan horses, denial-of-service attacks, intrusions, packet-sniffing and other abuses by third-parties.  Cape.Com highly discourages the conducting of confidential transactions (such as online banking, credit card usage) over any wireless network, including our own.

6. Users are responsible for all devices they connect through Cape.Com's wireless network.

7. Users are responsible for securing their own wireless equipped devices prior to making connections to the Cape.Com's wireless network.

8. Please know that wireless technology is a shared resource, therefore, speeds will be directly affected by the number of simultaneous users.

Limitations of Wireless Network Access:

1. Cape.Com is in no way liable for any damage, undesired resource usage or detrimental effects that may occur to the user's device and software while the user has his/her device attached to the wireless network.

2. The user is responsible for any actions taken from his/her device, whether intentional or unintentional, that causes damages or otherwise affects other devices or users of the network.

3. The user hereby releases Cape.Com, Inc. from liability for any loss, damage, security infringement or injury which the user may sustain as a result of being allowed access to the wireless network.  The user agrees to be solely responsible for any such loss, infringement, damage, or injury.

Violations and Sanctions:

Reporting Violations:  Users should report any knowledge or evidence of violations of the Acceptable Use Policy to Cape.Com, Inc.

Penalties:  Users who violate the Acceptable Use Policy may be subject to the range of sanctions including, but not limited to, termination of network privileges. Cape.Com, Inc. has the authority to temporarily revoke network access or take other appropriate action in order to maintain network security or health.

Revisions: Cape.Com, Inc. reserves the right to make revisions to this AUP at any time.  Continued usage of the wireless network indicates that you understand and agree to the terms and conditions listed herein.