FiberLight - Terms and Conditions
Acceptable Usage Policy (AUP)
The following is FiberLight, LLC’s Acceptable Use Policy (“Policy”) applicable to you and your subsidiaries and supersedes any other written or oral Policy. Upon notice published on-line via FiberLight’s web page we may modify the Policy, amplify the Policy, as well as discontinue or change services offered.
We reserve the right to revise this Policy at any time.
If you wish to report a violation of our AUP, please click here.
By using any of the services offered by us, you are bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of your services or such other action as we, in our sole discretion, may deem appropriate
I. System and Network Security
1. You may not tamper with other accounts, or commit unauthorized intrusion into any part of our system, or use any of our machines, files, accounts, networks to intrude without authorization into any other system.
2. You may not use any of our services not included in your account, nor devise ways to circumvent security in order to access services you are not paying for. This clause includes, but is not limited to, the scanning of our network or other networks with intent to breach and/or evaluate security.
3. You may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. You may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.
4. We will take action against the use or attempted use of Internet services or systems without the owner’s authorization. Such unauthorized use or attempted use includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, you may not use programs, scripts, commands nor send messages with the intent to interfere with a user’s terminal session.
5. You may not use any of our services or systems to transmit computer viruses, trojan horses, cancel bots, or other destructive programming code with the intent to interfere with the operation, function, or use of any service or system.
1. You may not send unsolicited email to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited email. Our services may not be used to send unsolicited advertising messages to other network users. You may not flood/spam newsgroups with commercial or non-commercial postings.
2. You may not continue to send commercial email to a recipient if that recipient has requested that you discontinue such communication.
3. We prohibit the transmission of email or newsgroup postings that are harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive, or hateful to non-consenting recipients.
4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is impermissible.
5. “Mailbombing” (i.e. flooding a user or site with large or numerous email messages) is strictly prohibited.
6. You may not forge header information on email or any other material transmitted through our servers.
7. We prohibit the use of your account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
1. We may provide you with a newsfeed. We do not control newsgroup content nor are we responsible for any postings, by our customers or others, to these newsgroups.
2. It is the responsibility of posters to determine a newsgroup’s etiquette. Therefore, if you submit content to newsgroups you must refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup’s charter or FAQs. Posters are expected to submit messages relevant to the newsgroup’s topic and agree not to submit the same message to large numbers of forums or newsgroups.
3. You are prohibited from forging header information and from posting chain letters of any type.
4. You may only post binary files to newsgroups designed for that purpose.
5. You may not cancel nor supersede a posting of a message other than your own unless you serve as a newsgroup moderator and cancel or supersede a posting in the performance of your online responsibilities as a moderator.
6. We prohibit the use of your account, or network connection, to collect replies of messages sent from another provider that violates the rules of this Policy or those of the originating provider.
IV. INTERNET RELAY CHAT (IRC)
1. We do not maintain an IRC server, however, you may use your Internet connection to access the server of another provider. In such a case, you are obligated to abide by the rules set forth by that provider as well as follow proper IRC etiquette.
1. Internet connections and all other services provided to you by us may only be used for lawful purposes. You may not use our service 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 is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, or material that is threatening or obscene. We reserve the right to remove any and all materials that infringe on another’s copyright or other intellectual property rights. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged infringement.
2. Certain Internet services may contain language, pictures or other content which some individuals may find offensive, inflammatory, or of an adult nature. We do not endorse such materials, but we are not responsible for any such content, and disclaim any and all liability for such content. Access to such materials is at your own risk.
3. Use of any information obtained via our service is at your own risk. We specifically deny any responsibility for the accuracy or quality of information obtained through our services.
4. The rules and regulations contained within this Policy apply to all other means of Internet-based transmissions, including, but not limited to Internet fax or Internet phone.
5. Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies.
6. You agree not to resell our products or services without prior written consent from us.
7. If we cancel your account for any reason, you agree not to reregister without our written consent. In the event you reregister without our prior written consent, we will cancel your account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable immediately.
8. We require that you are qualified to contract. We cannot accept payments from persons who are not at least eighteen (18) years of age. You will be held responsible for keeping all billing data for us accurate and up to date. False data supplied for the contract between you and us will be grounds for account termination.
9. We exercise no control whatsoever over the content of the information passing through our services.
10. You agree to defend, hold harmless, and expeditiously indemnify us from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any covenant contained in this Policy, or resulting from your use of the service.
11. You agree to waive and hold us harmless from any claims relating to any action taken by us as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, you cannot sue or recover any damages whatsoever from us as a result of the decision to remove material from our server, or to suspend or terminate your account.
VI. Policy Enforcement
1. If we become aware of an alleged violation of our Acceptable Use Policy, we will initiate an investigation. During the investigation we may restrict your access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement department of such violation.
VII. COPYRIGHT INFRINGEMENT
1. If you have a good faith belief that a user of our service is infringing on your copyright, please notify our Agent for claims of infringement:
Agent’s Name: General Counsel
Address: FiberLight, LLC
11700 Great Oaks Way, Suite 100
Alpharetta, GA 30022
2. 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.
3. If we become aware of material that could be infringing on a third party’s copyright, posted by you, we will initiate an investigation. We will notify you of the copyright infringement allegation and will allow you to respond to the allegation(s). If we find sufficient reason to believe that the material may be infringing on another’s copyright, and that use of the work is not defensible, we, in our discretion, may remove the offending material.
4. We shall have no liability, directly or indirectly, to complainants or third parties for your infringing copyrighted materials. You shall reimburse us for all expenses associated with processing valid infringement allegations and defending any and all associated legal claims.
5. We reserve the right to terminate the account of repeat copyright infringers.
VIII. REPORTING NETWORK ABUSE
1. Any party seeking to report any violations of FiberLight policy may contact us at email@example.com.