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Confidential and Proprietary
Acceptable Use Policy
This Acceptable
Use Policy ("AUP") sets forth terms and conditions
and specifies actions prohibited by FIBERNET and
applies to all FIBERNET's Customers and Customer's Subscribers
(collectively, "Users"). Use of the FIBERNET’s
network constitutes on the part of User, acceptance of and
agreement to abide by all policies of FIBERNET including this
AUP which is in addition to, and supplements the terms of
the applicable Master Services Agreement ("MSA")
and FIBERNET reserves the right to modify this policy at any
time. FIBERNET does not monitor, verify, warrant or validate
the integrity, accuracy or quality of information or data it
receives or transmits. Accordingly, FIBERNET
neither controls nor accepts responsibility for the content
of any communications that are transmitted or made available
to Users of its network and/or services.
A. Lawful Use
The FIBERNET Network may be used only
strictly in accordance with all international, federal, state and local laws,
tariffs, ordinances and regulations and FIBERNET may report to legal authorities
any content that is or is believed to be unlawful, may disclose to such
authority the author of such content and will cooperate with law enforcement
agencies and other parties investigating or prosecuting claims of illegal or
inappropriate activity. This includes without limitation, material protected by
copyright, trademark, trade secret or other intellectual property right,
material that is obscene or constitutes child pornography, material that is
libelous, defamatory, hateful, or constitutes an illegal threat or abuse,
material that violates export control laws or regulations, and material that
encourages conduct that would constitute a criminal offense or give rise to
civil liability.
B. Privacy
FIBERNET makes no guarantee regarding
the security and integrity of any data or information transmitted. Users must
respect the privacy of others, shall not intentionally seek information on,
obtain copies of, or modify files, other data,
or passwords belonging to others, or represent themselves as another User unless
explicitly authorized to do so by that User.
Revealing a User password to others is strictly prohibited. Attempting to obtain
access beyond that for which User is
authorized is strictly prohibited, including illegal or unauthorized accessing
known as "hacking."
C. Network Integrity
Use of FIBERNET's Network and or any
attached network in a manner that precludes or significantly hampers its use by
others is not allowed. Connections which create routing patterns that are
inconsistent with the effective and shared use of the network may not be
established. Users must respect the integrity of computing and network systems.
Examples of prohibited uses include, without limitation:
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(i) Unauthorized access to or
use of data, systems or networks, including any attempt to probe, scan or
test the
vulnerability of a system or network or to breach security or authentication
measures without express authorization
of the owner of the system or network;
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(ii) Unauthorized monitoring of
data or traffic on any network or system without express written
authorization of the
owner of the system or network;
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(iii) Interference with service
to any User, host or network including, without limitation, mail bombing,
flooding,
deliberate attempts to overload a system and broadcast attacks;
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(iv) Distribution of Internet
Viruses, Worms, Trojan Horses or other destructive activities;
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(v) Modification of IP packet
content in a malicious manner or forging of any TCP-IP packet header or any
part of the
header information in an e-mail, chat room or a newsgroup posting.
D. E-Mail
Unsolicited advertising is prohibited. Other
prohibited activities include:
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(i) Sending unsolicited
commercial or bulk e-mail
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(ii) Using another site's mail
server to relay mail without express permission of the site;
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(iii) Repeated, unsolicited
and/or unwanted communication of an intrusive nature;
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(iv) Posting or e-mailing of
scams such as 'make-money-fast' schemes or pyramid/chain letters;
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(v) Making fraudulent offers of
products, items or services originating from your account.
E. USENET, CHAT
All FIBERNET Users agree to comply
with the guidelines and restrictions of each news or chat group unconditionally
as incorporated herein by reference. Without limitation of the foregoing, the
following activities are prohibited:
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(i) Engaging in
excessive cross-posting or multi-posting ("spamming");
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(ii) Making any
posting for commercial purposes (including without limitation the posting to
specific URLs for
commercial purposes), except where such postings are expressly permitted
under the charter and/or Frequently
Asked Questions (FAQ) of an applicable newsgroup;
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(iii) Canceling
newsgroup postings other than their own, or using auto-responders or
cancel-bots (or similar
automated or manual routines) which generate excessive network traffic or
disrupt Usenet newsgroup/e-mail use by
others (except in cases of official newsgroup moderators performing their
duties);
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(iv) Disrupting
newsgroups and or discussion groups with materials, postings, or activities
that are frivolous,
unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or
repetitious, unless such materials or
activities are expressly allowed or encouraged under the newsgroup's name,
FAQ, or charter.
F. Remedial Action
Responsibility for avoiding the
harmful activities as described herein rests primarily with the User. When FIBERNET
learns of possible inappropriate use, it may take any of a variety of actions,
including but not limited to, removing information that violates its policies,
and/or restricting or terminating access to the FIBERNET Network without notice.
How to Report Abuse
If
you become aware of inappropriate use, direct the information
to abuse@wirefire.com
who will evaluate all information
before taking any action and upon evaluation may take any
appropriate action, including but not limited to:
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(i)
issuing written or verbal warnings;
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(ii)
Suspending newsgroup posting privileges;
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(iii)
Suspending the User account; and
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(iv)
Terminating the User account
G. Customer Use
Customer
only has the rights of use as outlined the associated product
agreement.
H. Limitation of Liability
FIBERNET
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY,
LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES BY USER. FIBERNET SHALL NOT BE LIABLE FOR ANY DIRECT OR
ACTUAL DAMAGES OF USER, EXCEPT TO THE EXTENT SPECIFIED IN A
WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN FIBERNET AND
CUSTOMER. FIBERNET MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN,
EITHER EXPRESS OR IMPLIED, CONCERNING THE FIBERNET Network, AND
EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE
OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER
WARRANTY IMPLIED BY LAW.
"CLIENT" FIBERNET.
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