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Privacy Policy

LIGHTWAVE WIRELESS PRIVACY POLICY

We value your privacy and would like your experience on the Internet to be as secure and as rewarding as possible. We want you to enjoy the Internet’s unending variety of information, tools and opportunities with complete confidence. In keeping with our firm commitment to your privacy and security, Lightwave Wireless [Lightwave] has designed this Privacy Policy. Lightwave reserves the unilateral right to amend these terms at will.

Lightwave keeps only the personal information needed to provide our services, treats it as private, and uses it only for what we offer you, does not sell it to others, works to keep it secure and destroys it when no longer needed. We will tell you in advance of any exceptions and give you the right to say no.

We cannot cover here every situation that affects your personal information, but we have included those we believe you are most interested in. You can also learn more about your privacy rights through the Federal Trade Commission, http://www.ftc.gov, and from the Federal Communications Commission at: http://www.fcc.gov.

Information We Collect

Personally Identifiable Information – In providing our services, we sometimes ask for personal information (“your information”). We will never, however, ask you to send personal information to us by unsecured email. This information may include names, addresses, telephone numbers, premium services you select, demographics, user IDs, passwords, PINs, email addresses and communications records. We maintain information concerning subjects like credit, billing, payment, security deposits, maintenance, repair, equipment and services. We may also collect information about your video equipment, computer hardware and software, modems, routers, settings and preferences to aid in customer support. Our policy is to collect only the personal information needed to provide the services we offer with the quality you deserve. We take reasonable steps to keep that information secure and retain it only as long as needed for business purposes or the law requires. We take reasonable precautions to identify you or your authorized representative when we receive an inquiry on your account. We sometimes collect personal information for special reasons, such as for research, in surveys, or when

registering at our web sites. If so, we will tell you first how we will use it, and you may choose not to participate. When we offer new services to you, we will tell you what information we need and how we may use it.

Internet Services – Like most Internet service providers, we automatically collect Internet Protocol [IP] addresses, (which is an identifier given to your computer while online), bandwidth used, connection performance, browsers used, and connection dates and times. We keep these records for about six months. We keep messages you send or receive only in your Lightwave High Speed Internet folders. We do not store information on websites you visit.

Use and Sharing

Use Policy – We consider your information confidential, and use it only in providing such things as sales, installation, operations, administration, advertising, marketing, support, network management, maintenance, customer care, communications with you, and billing and collection. We may also use or share it in dealing with fraud and unauthorized use of our services.

We use and share aggregate information about usage by groups of customers for a variety of purposes. Aggregate information does not identify individual customers. We may use aggregate and demographic information in association with yours to better offer our products and services to you.

Sharing Policy – It is our policy not to disclose your information to others outside of Lightwave our affiliates, vendors and business partners without your prior consent. You can ask us to note your account with a special flag as added assurance of this promise. You can also notify us if you prefer not to receive marketing contacts. Simply write to the address on your bill or contact us online.

Outside Parties – We sometimes use affiliates, vendors or partners in providing our services and may share your information for such purposes. We require these parties to assure at least the level of confidentiality we maintain and prohibit them from using your information for any other purpose.

Special Exceptions – We reserve the right to disclose your information if we have a good faith belief it is necessary to: (1) comply with the law; (2) protect our rights or property or those of others; (3)

respond to fraud, abuse or unauthorized reception; (4) enforce our standards and policies; or (5) act in an emergency to protect your safety or that of another. We may also transfer your information as a part of a sale or transfer of business operations.

Outside Parties – We sometimes uses affiliates, vendors or partners in providing our services and may provide your information for such purposes. We require that outside parties maintain at least the same level of confidentiality that we maintain. In addition, any use by the vendor may not exceed that needed to provide its service. We do not share your information with other third parties without your consent. If you become a customer of a third party directly, you should review its privacy policy, as it may differ from ours.

Retention Policy – We retain personal customer information as long as you are a customer or until no longer needed for business, tax or legal purposes.

Internet Services – We do not read any of your online communications, unless you send them to us. We do automatically scan incoming and outgoing email messages to filter out likely spam, harmful messages, viruses, spyware and related problems that could harm your equipment, the network or others.

Internet Security

Taking Proper Precautions – Maintaining the security of your personal computer is an important way to protect your privacy and to help us protect our network and customers. You must follow our policies and maintain your antivirus software, firewall, wireless network security and your operating system to prevent harm and potential theft of data. You should regularly back up your computer to preserve your files, including messages you want to keep, and change your login password regularly. We may take protective action related to your service or contact you directly from time-to-time to help with security. Always be sure whom you are dealing with before clicking on an Internet link or giving personal information. We encourage you to visit the website of the Federal Trade Commission [FTC] at http://www.ftc.gov for tips on protecting yourself. When communications enter the Internet, it is possible for outside parties to access them. Since we cannot control web sites or services operated by third parties, you should review their terms of service and privacy policies.

Spam – We try to block outgoing spam using a variety of methods. Spamming is prohibited on the Lightwave network. You can help prevent spam by not allowing unauthorized access to your computer. We suggest that you remain up-to-date on ways to combat spam.

Cookies and Web Beacons – Third parties that place ads on our websites may use “cookies” to collect anonymous information about your visit to our website and to manage your preferences while there. A cookie does not give any other personal information about you. It can, however, be read by the website that placed it to note information about your visit, such as your type of browser, operating system and IP address. A cookie also helps to recognize you when you log in as a registered user or as a repeat visitor. You can control the cookies your computer accepts through the settings on your web browser or by deleting them from your files. Doing so, however, may limit the personalization available to you. Web beacons or clear GIFs are a type of computer code sometimes placed by advertisers on a webpage. As with cookies, you can use your browser settings to control web beacons. We use cookies to tailor our site by remembering you and any options you select. We may share non-personal information obtained from cookies with vendors, advertisers and others.

Law Enforcement and Legal Requests

Information Disclosure – We may receive legal requests for customer information from government and law enforcement personnel. We may also receive discovery requests in civil cases. In all such cases, we cooperate by providing the information required by law. We do not volunteer customer information or give access to customer communications to law enforcement or others, except in the “Special Exceptions” section detailed above or if we have a good faith belief that an emergency involving an immediate danger of death or serious physical injury requires disclosure. Many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests we receive, we do not assume any duty to notify you of receipt of any legal requests.

Internet Information – Information concerning your Internet access may be subpoenaed by the government or by others. Files shared over “peer-to- peer” services often include your IP Address, and you could be identified in this way if we receive a lawful subpoena. Law enforcement can obtain details about your Internet access and the content of communications through a court order or similar authority.

Security Information

We are aware of the many instances of data security breaches and continue to work on new ways to protect your information. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have restricted access. Although we work to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access.

Children’s Privacy

Children should always get permission from a parent or guardian before sending personal information over the Internet. The websites provided by Lightwave are not directed at, or intended for use by, children under the age of 13. We do not knowingly allow anyone under the age of 18 to subscribe to a service that incurs a charge. If you believe your child may have provided us with personal information, you can contact us at the address on your bill and we will delete the information. You can find more information about protecting children’s privacy by clicking on http://www.ftc.gov.

Child Pornography

The law requires us to report any evidence concerning child pornography we learn of. We work closely with the National Center for Missing and Exploited Children and other groups to eliminate child pornography on the Internet.

Customer Access to Information

You may check the accuracy of personal information in your account by contacting a Customer Care representative. You may also personally examine your information and advise us of any errors you believe we should correct, upon prior request and at your own cost, during business hours at the office listed on your bill.

Your Enforcement Rights

You can enforce your legal privacy rights concerning our collection, use and sharing of your personally

identifiable information. Among your remedies is the right to seek damages under 47 U.S.C. 551.

Other Terms and Changes in Policy

The documents consisting of the Customer Agreement, Installation Agreement, Acceptable Use Policy, and Privacy Policy collectively compose the Lightwave Broadband Service Agreement between you and Lightwave Wireless. Changes in our service offerings or the law may cause us to make changes to this Privacy Policy and other policies and agreements from time to time. We will post any changes to our Privacy Policy along with the effective date of the changes at: http://www.lightwavebroadband.net.