Acceptable Use Policy

Version 2.3.0 — Effective: July 31, 2026

BACKCOUNTRY BROADBAND ACCEPTABLE USE POLICY

Version 2.3

Effective Date: July 31, 2026


THIS ACCEPTABLE USE POLICY ("AUP" OR "POLICY") IS A MATERIAL PART OF ANY AGREEMENT WITH BACKCOUNTRY BROADBAND FOR PROVISION OF ITS SERVICES. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THE CURRENT VERSION IS ALWAYS AVAILABLE AT https://backcountrybroadband.com/acceptable-use.html.

Backcountry Broadband LLC and its affiliates (collectively "Backcountry Broadband") have established this AUP for subscribers ("you," "your") of Backcountry Broadband's Internet access service and voice-over-IP telephone service (collectively, the "Service") by designating standards for acceptable and unacceptable uses of the Service. This AUP forms part of the agreement between Backcountry Broadband and you and is incorporated by reference into Backcountry Broadband's Terms of Service (https://backcountrybroadband.com/tos.html) and your Residential Service Agreement.

All subscribers, and anyone who uses or accesses the Service, must comply with this AUP. Backcountry Broadband supports the free flow of information and ideas over the Internet and manages its network as described in the Backcountry Broadband Network Management Policy (https://backcountrybroadband.com/network-management.html). Your access to the Service is conditioned on legal and appropriate use. Your use of the Service shall not violate any applicable law or regulation or the rights of Backcountry Broadband or any third party.

1. PROHIBITED USES OF THE SERVICE

For the benefit of all subscribers, Backcountry Broadband prohibits the following:

1.1 Unlawful or Improper Use of the Service. You may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, you may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any Backcountry Broadband property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another's use or enjoyment of any Service, including other Backcountry Broadband subscribers. You may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account ("cracking" or "hacking"), including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks. You may not interfere or attempt to interfere with service to any user, host, or network ("denial of service attacks"), including "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. You may not use any program, script, command, or message designed to interfere with (or which does interfere with) any server or user session, by any means, locally or via the Internet.

1.2 Abusive Consumption of Network Resources. Backcountry Broadband does not impose data caps and does not throttle lawful traffic; ordinary heavy use of your service tier is not a violation of this Section, and network congestion is managed through the evenhanded, application-agnostic practices described in the Network Management Policy. This Section prohibits abusive consumption: taking any action designed to consume network or system resources beyond your provisioned service tier, to degrade service to other subscribers, or to evade the network management practices described in the NMP — for example, attacks, resource-exhaustion exploits, address or provisioning manipulation, or operating your connection in violation of Section 1.11 (Reselling). If you violate this Section, Backcountry Broadband may restrict your access — including by temporarily rate-limiting your connection — or suspend or terminate Service as described below. Any such restriction is an account-status measure applied in response to documented abuse; it is not content-based network management, and it is not applied on the basis of the volume of lawful traffic you generate, except as our congestion management practices under the Network Management Policy may apply to all subscribers on an affected network segment.

1.3 Intellectual Property Infringement. You may not use the Service to store, transmit, or receive any material that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party, including the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software. Backcountry Broadband has registered a designated agent to receive notifications of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) with the U.S. Copyright Office DMCA Designated Agent Directory (Registration No. DMCA-1076172). Repeat-Infringer Policy: if Backcountry Broadband receives a compliant infringement notice concerning your account, we will notify you. If Backcountry Broadband receives three (3) or more compliant notices concerning your account within any twelve (12) month period, you will be deemed a repeat infringer, and Backcountry Broadband will terminate the account and Service of repeat infringers in appropriate circumstances. You are also prohibited from interfering with any technical measures Backcountry Broadband employs to ensure compliance with this policy.

1.4 Unlawful Content; Threats and Harassment. You may not use the Service to advertise, solicit, store, post, transmit, disseminate, or otherwise make available material or information that is unlawful — including material constituting true threats, harassment or stalking, defamation, obscenity, or fraud as defined under applicable law — or that encourages or participates in conduct that would constitute a criminal offense or gives rise to civil liability. You may not use the Service to threaten, harass, or abuse Backcountry Broadband personnel or systems or other Backcountry Broadband subscribers. Backcountry Broadband will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child sexual abuse material or the solicitation of sex with minors. Consistent with the Network Management Policy, Backcountry Broadband does not monitor or block lawful content transmitted over the Service; enforcement under this Section is limited to unlawful conduct and the protection of Backcountry Broadband's personnel, network, and subscribers.

1.5 Spamming, Junk E-mail, and Invasion of Privacy. You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, fax blasting, or other activity that invades another person's privacy (collectively, "Spam"). An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from the sender when given the opportunity to do so.

1.6 Fraudulent Activity. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes" or "Ponzi schemes." You may not use techniques to hide or obscure the source of any e-mail or other communication.

1.7 Impersonation. You may not use the Service to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing. Further, you may not alter, obscure, or forge the MAC or IP addresses of the equipment or systems used by Backcountry Broadband to provide the Service.

1.8 Software Viruses. You may not use or attempt to use viruses, malware, worms, Trojan Horses, time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Activities that disrupt the use of, or interfere with the ability of others to effectively use, the Service or any connected network, system, service, or equipment are not permitted.

1.9 Collecting Information. You may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.

1.10 Use of Your Account by Others. You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose prohibited by this AUP.

1.11 Reselling. You may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute, or exploit any portion of the Service without Backcountry Broadband's prior written consent.

1.12 Hacking. You may not access illegally, or without authorization, computers, accounts, equipment, or networks belonging to another party, or attempt to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including port scans, stealth scans, or other information-gathering activity.

1.13 Facilitating a Violation of this Policy. You may not advertise, transmit, or otherwise make available any software, product, or service that is designed to violate this AUP, including the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

1.14 Export Control Violations. You may not use the Service for the transfer of technology, software, or other materials in violation of applicable export laws and regulations, including the U.S. Export Administration Regulations and Executive Orders.

1.15 Other Illegal Activities. You may not use the Service in violation of any applicable law or regulation, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.

ILLEGAL AND FRAUDULENT ACTIVITY

You acknowledge and agree that Backcountry Broadband may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security may incur criminal and/or civil liability. Backcountry Broadband may immediately suspend or terminate your Service if it suspects abuse or fraudulent use of the Service, interference with our network, or violation of this AUP or the applicable Terms, and may notify appropriate authorities if it reasonably believes such abuse or fraudulent use violates applicable law. You must cooperate with Backcountry Broadband in any fraud investigation and use any fraud prevention measures Backcountry Broadband prescribes. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.

Sharing your user ID or password with any other person is prohibited. If you do share your user ID or password with another person, you are solely responsible for the actions of that person. Deletion, examination, copying, or modification of files and/or data belonging to other users without their prior consent is prohibited. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited. Any unauthorized, deliberate action which damages or disrupts a computing system, alters its normal performance, or causes a malfunction is a violation regardless of system location or time duration.

VIOLATIONS OF AUP

If you violate this AUP, Backcountry Broadband may, without limitation, restrict your access to the Backcountry Broadband network, or immediately suspend or terminate your Service. In the event of termination, all applicable termination charges apply. Except as expressly provided herein, Backcountry Broadband's rights and remedies are cumulative and not exclusive of any rights or remedies it may otherwise have at law or in equity. Waiver of any violation of this AUP by Backcountry Broadband shall not act as a waiver of any subsequent violation, nor be deemed a waiver of the underlying obligation or term. No failure or delay by Backcountry Broadband in exercising any right or remedy will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right or remedy. Read this AUP in conjunction with the Terms and our other policies set forth on our website. Backcountry Broadband has the right but not the obligation to monitor or restrict uses of the Service that Backcountry Broadband reasonably believes violate this AUP, the applicable Terms, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

In addition, violations of this AUP may result in a demand for: immediate removal of offending material; immediate, temporary, or permanent filtering; temporary rate limiting of the connection; blocked access; suspension or termination of Service (in whole or in part); or other action appropriate to the violation, as reasonably determined by Backcountry Broadband. We reserve the right to take any such action without notice where the violation presents an ongoing risk to the network, other subscribers, or third parties. Backcountry Broadband may involve, and will cooperate with, law enforcement if criminal activity or threatened criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this AUP. You will be liable to us for any damages incurred by us, or amounts required to be paid by us, that arise out of or are related to your violation of this AUP, including damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees.

PRIVACY, MONITORING THE SERVICE, POLICY MANAGEMENT

Backcountry Broadband does not monitor the content of subscriber communications and is under no obligation to monitor use of the Service. Backcountry Broadband collects and analyzes network operational telemetry — such as traffic flow metadata (e.g., IPFIX/NetFlow records), equipment health and provisioning data, and security event signals — as necessary to render the Service, engineer and protect its network, and detect abuse of this AUP, consistent with the service-provider provisions of the federal Wiretap Act (18 U.S.C. § 2511(2)(a)(i)) and as described in the Privacy Policy. Backcountry Broadband accesses or discloses subscriber communications and records only as permitted by law, including: as necessary to render the Service or to protect the rights, property, and subscribers of Backcountry Broadband; with consent; in emergencies involving danger of death or serious physical injury; or in response to lawful process or as otherwise required by law (18 U.S.C. §§ 2702–2703). To protect its customers and its network, Backcountry Broadband may block traffic that presents a security threat — such as malware distribution, denial-of-service traffic, or spoofed addressing — consistent with the reasonable network management practices described in the Network Management Policy.

REPORTING VIOLATIONS

Any person who becomes aware of a violation of this AUP is asked to report it to abuse @ backcountrybroadband.com. If available, please provide the IP address, the date and time of the alleged violation, and any specific information relevant to the alleged violation. Backcountry Broadband may take any appropriate action in response to a report, including one or more of: issuing a warning; suspending the subscriber's account; terminating the subscriber's account; billing the subscriber for administrative costs and/or reactivation charges; bringing legal action to enjoin violations and/or collect damages; or taking no action.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), notifications of claimed copyright infringement may be sent to Backcountry Broadband's designated agent, registered in the U.S. Copyright Office DMCA Designated Agent Directory (Registration No. DMCA-1076172): (a) by e-mail to abuse @ backcountrybroadband.com; or (b) by mail to 2679 W Main St, Suite 430, Littleton, CO 80120.

REVISIONS, RESERVATION OF RIGHTS

Backcountry Broadband may revise this AUP from time to time. Revisions that do not materially and adversely affect your rights take effect ten (10) days after posting on Backcountry Broadband's website, with notice to you. Material changes follow the change process described in the Terms of Service, including affirmative acceptance where required. Your continued use of the Service after the effective date of a non-material revision constitutes your acceptance of it. The current version and version history are available on the Customer Portal or by request.

INTERPRETATION

The enumerated prohibitions in this AUP are the operative standards for enforcement. Conduct not expressly listed is prohibited under this AUP only if it is unlawful, or if it damages, disrupts, or threatens the security, integrity, or availability of the Backcountry Broadband network, Services, or subscribers. The examples given within each Section are illustrative of the conduct covered by that Section and are not exhaustive of it. Nothing in this AUP limits Backcountry Broadband's rights or remedies under the Terms of Service, the Service Agreement, or applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless Backcountry Broadband, and its suppliers, licensors, officers, directors, employees, agents, and affiliates, from any claim, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights, any violation of law or regulation, or any breach of this AUP. Your obligations under this Section do not apply to the extent a claim, liability, loss, damage, cost, or expense arises from Backcountry Broadband's negligence, willful misconduct, or violation of applicable law. This Section will not be construed to limit or exclude any other claims or remedies that Backcountry Broadband may assert under this AUP, the applicable Terms, or by law.