800-672-0181

FBL Acceptable Use Policy

The following is FiberLight, LLC’s (“FBL”) Acceptable Use Policy ("AUP"),
which is applicable to the Customer. This AUP supersedes any other written
or oral policy and in the event of any conflicting provisions between this AUP
and the Master Services Agreement (“MSA”), the MSA shall control.


By using any FBL services available or offered, Customer is bound by and
must comply with the AUP in its entirety. Violations of the AUP will result in
a cancellation of Services if such violation is not cured within ten (10) days
of receipt of written notice from FBL.


ARTICLE 1 – FBL System and Network Security
1.1 Customer may not tamper with other accounts, or commit unauthorized
intrusion into any part of the FBL System, or use any of FBL machines, files,
accounts, and/or networks to intrude without authorization into any other
system.
1.2 Customer may not use any services not included in the Service Order,
nor devise ways to circumvent security to access services outside of the
Service Order, including, but is not limited to, scanning FBL’s network or
other networks with the intent to breach and/or evaluate security.
1.3 Customer may not use the services in a manner that encumbers disk
space, processors, or other system resources beyond those allowed by the
Service Order and Customer may not make deliberate attempts to interfere
with an FBL System or a service, overload an FBL System or service, and/or
attempt to disable a host.
1.4 FBL will take action against the use or attempted use of the FBL System
or services without FBL’s authorization. Such unauthorized use or
attempted use includes password cracking, defrauding third parties into
releasing passwords, denial-of-service attacks, sending packets with an
illegal packet size, UDP flooding, ping-flooding, half-open TCP connection
flooding, etc. Customer may not use programs, scripts, commands, and/or
send messages with the intent to interfere with a user’s terminal session.
1.5 Customer may not use any of FBL System or services to transmit
computer viruses, trojan horses, cancel bots, and/or other destructive
programming code with the intent to interfere with the operation, function,
or use of any service or FBL System.


ARTICLE 2 – E-Mail, Usenet and Internet Relay Chat (IRC)
2.1 Customer may not send unsolicited e-mail(s) to any third party that has
not specifically requested such unsolicited information or that causes
complaints from the recipients of such unsolicited email. In the event a third
party requested the discontinuance of such unsolicited e-mail, Customer
shall immediately cease sending commercial e-mails to the third party.
Additionally, the use of FBL services to send unsolicited advertising
messages to third parties, flood/spam newsgroups with commercial or noncommercial
postings, forward or propagate any and all chain letters any
type, (including charity requests or petitions for signatures), and/or flooring
a third party with large or numerous e-mail or posting messages
(colloquially, “mail-bombing”) is impermissible.
2.2 FBL prohibits the transmission of e-mail or newsgroup postings that are
harassing, libelous, defamatory, legally obscene, pornographic, threatening,
abusive, and/or hateful to non-consenting third party recipients.
2.3 Customer shall not forge header information on e-mail or any other
material transmitted through FBL servers or use of its account, or network
connection, to collect replies of messages sent from any another provider
in violation of this AUP or those of the originator.
2.4 FBL may provide Customer with a news feed(s) but FBL is not
responsible nor does FBL control content or any postings, by FBL Customers
or third parties, to these newsgroups or news feed(s) and it is the
responsibility of posters to determine a newsgroup’s etiquette
2.5 FBL does not maintain an internet relay chat server (“IRC”), however,
Customer may use its service to access the server of another provider or
third party and is obligated to abide by any rules or etiquette of the IRC.


ARTICLE 3 – Internet Disclaimers and Generalities
3.1 Internet connections and all other services provided to Customer by
FBL may only be used for lawful purposes. Customer may not use FBL
services or servers to initiate a transmission of or to store any information,
data, or material, in violation of any U.S. Federal or state regulation or law.
This includes, but is not limited to, material protected by copyright,
trademark, trade secret, or any other statute, and/or threatening or
obscene material. FBL reserves the right to remove any and all materials
that infringe on another’s copyright or other intellectual property rights at
any time upon FBL receiving a complaint or notice of alleged infringement.
3.2 Certain internet services may contain language, pictures or other
content which some individuals may find offensive, inflammatory, or of an
adult nature. FBL do not endorse such materials or claim any responsible
or liability for such content. Customer’s use of any information obtained via
FBL servers or services is done at Customer’s own risk and FBL specifically
denies any and all responsibility for the accuracy or quality of information
obtained through its services. FBL exercises not control over the content of
the information passing through FBL servers or services.
3.3 The rules and regulations contained within this AUP apply to all means
of Internet-based transmissions, including, internet based fax, phone, etc.
Customer’s use of third party networks or computing resources is subject to
third party respective permissions and usage policies.
3.4 FBL may access, use, and disclose CPNI as permitted or required by
applicable laws, rules, regulations or this Agreement. FBL may disclose CPNI
to representatives authorized by Customer via any means authorized by
FBL, including, without restriction (a) the Customer’s email address(es) of
record (if any) or other email addresses furnished by Authorized Customer
Representatives, (b) telephone number(s) of record or other telephone
numbers provided by Authorized Customer Representatives, (c) the
Customer’s postal (US Mail) address(es) of record or to other postal
addresses furnished by Authorized Customer Representatives, or (d)
FiberLight’s online customer portals or other online communication
mechanisms.


ARTICLE 4 – Policy Enforcement
4.1 If FBL becomes aware of an alleged violation of the AUP by the
Customer, FBL will initiate an investigation. During the investigation FBL
may restrict Customer access to FBL servers or service in order to prevent
further possible unauthorized activity. Depending on the severity of the
violation, FBL may, at its sole discretion, restrict, suspend, or terminate
Customer’s account and pursue other civil remedies. If such Customer
violation is a criminal offense, FBL will notify the appropriate law
enforcement department of such violation.
4.2 In the event FBL cancels Customer’s account, Customer shall not reregister
without FBL’s prior written consent. Any re-registration without
FBL’s prior written consent, shall cause FBL to cancel Customer’s account
and all dues and fees paid to date regardless of whether service has been
rendered will be forfeited by the Customer. Additionally, any amounts owed
in arrears, will be made due and payable to FBL immediately.
4.3 Customer shall defend, hold harmless, and expeditiously indemnify
FBL from any and all liability, claim, loss, damage, or expense arising out of
Customer’s breach or violation of this AUP.


ARTICLE V – Reporting Network Abuse
5.1 If you have a good faith belief a user of FBL servers or services is
infringing on your copyright or that this AUP has been violated, please notify
our Agent for Claims of Infringement and Violations. Any such notification
must include the identity and location of the alleged infringing material and
your contact information. In addition, your notice must include a signed
statement that information in the notice is accurate, and that under penalty
of perjury, you have the authority to all on behalf of the copyright owner.
FBL’s Agent for Claims of Infringement and Violations may be contacted via
e-mail at legal@fiberlight.com or at the mailing address listed below:


FiberLight, LLC
ATTN: Legal Department- AUP Violation
11700 Great Oaks Way, Suite 100
Alpharetta, GA 30022
5.2 FBL shall not be liable, either directly or indirectly, for complainants of
any third party infringement and FBL shall seek reimbursement from you for
all expenses associated with processing valid infringement allegations and
defending any and all associated legal claims.