The purpose of Fiberpipe's Acceptable Use Policy (“AUP”) is to ensure premium Internet services for all subscribers to Fiberpipe services by preventing unacceptable use. This AUP applies to all subscribers of Fiberpipe's Internet services as well as all visitors that may access the service without an account. By accessing or using Fiberpipe's service you agree to comply with this AUP as well as any guidelines or rules that may be posted on the service from time to time. It is not Fiberpipe's intent to restrict the free flow of information and ideas via the Internet, nor do we actively monitor the use of our service. However, we do reserve the right at our sole discretion to remove any materials that violate this AUP. In the event of a crime, Fiberpipe may cooperate with legal authorities and/or duly appointed third parties in their investigation. Failure to comply with the AUP may result in the suspension or termination of the user's account and services.
» Warranties and Disclaimers
With the exception of products and services that are clearly identified as supplied by Fiberpipe, Fiberpipe does not control or endorse any information, products, or services on the Internet in any way; all information, products, or services on the Internet are offered by third parties with no affiliation to Fiberpipe. Similarly, Fiberpipe does not warrant that file downloads are free of viruses, worms, Trojan horse or other destructive code. The user is responsible for maintaining sufficient procedures and checkpoints to establish the accuracy of data input and output and for maintaining a means to reconstruct lost data. The user assumes total responsibility for the use of the service and the Internet. Fiberpipe does not make any express or implied warranties, representations, or endorsements whatsoever with regard to the service or on the Internet generally, and Fiberpipe shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Fiberpipe does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected unless expressly implied through a Service Level Agreement. The service and any software provided with the service is on an “as is, as available” basis.
The Internet contains unedited material that may be sexually explicit or offensive. Access of this material is at your own risk. Fiberpipe has no control over and accepts no responsibility for such materials.
In no event shall Fiberpipe be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service or downloaded or hyperlinked from the service, even if Fiberpipe or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the service.
Fiberpipe will use all possible efforts to ensure secure communications through its services; however, data traveling on the Internet passes through multiple providers outside of Fiberpipe's control. Due to this, Fiberpipe makes no guarantees as to the total security of data passed through its' services onto the Internet.
» Dial-up Accounts
Fiberpipe offers dial-up connectivity for both home and business as part of its' services. It is important to understand that standard dial-up connectivity is not a dedicated “always on” connection to the Internet, but rather an always available service that allows the user to log on and access the internet when desired and requires the user to log off when finished. In the case of a standard dial-up account being used as a “always on connection”, Fiberpipe reserves the right to disconnect connections that are either idle or have gone over a two hour period with less than 90K of data being transferred. If dial-up abuse continues, Fiberpipe will contact the account and either upgrade to business status or terminate the service.
» Technical Support
Fiberpipe is committed to providing timely, high-quality technical support. To accomplish the level of support that you, our customer, expect it is necessary to focus on supporting the products provided by Fiberpipe. Thus, in order to ensure that we are able to maintain top level technical support, we are not able to provide support on third party products such as: your computer, your computer's operating system, peripheral devices and applications.
At times it may be difficult to determine where the problem is located, so if your first call is to Fiberpipe and our technicians determine the problem is outside of our product offering, they will instruct you on where to find help. In the event that Fiberpipe elects to repair a third party product, charges may be applicable.
» Account Termination
In the event of an account being terminated, for whatever reason, Fiberpipe retains ownership of all IP address assigned to the account. Additionally, Fiberpipe reserves the right to delete all personal files and other information associated with the account.
» Prohibited Uses
Uses that Fiberpipe considers inappropriate, and thus prohibited, include, but are not limited to:
- Using the Service to violate any law, statute, ordinance or regulation of any domestic or foreign jurisdiction (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising);
- Using the Service to sell any product or services that are unlawful at any location where the content is posted or received;
- Using the Service to post or transmit any content or material that is obscene, excessively violent, unlawfully harassing, unlawfully threatening or otherwise objectionable (as defined in 47 U.S.C. § 230(c)(2)(A) or other applicable law or regulation;
- Using the Service to post or transmit any content that advocates, promotes or otherwise encourages violence, insurrection, or unlawful harassment against any government, organization, group or individual or that provides instruction, information or assistance in causing or carrying out such violence, insurrection or unlawful harassment;
- Using the Service to post or transmit any content that holds Fiberpipe or any of its affiliates, employees or shareholders up to public scorn or ridicule;
- Using the Service for the provision of any products or services that compete with any of Fiberpipe's products or services;
- Using the Service to post or transmit any content that violates or infringes on any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or any rights of publicity of any third party;
- Failing to obtain all required permissions when using the Service to receive, upload, download, display, distribute, execute programs or perform other works or derivative works protected by intellectual property laws including copyrights and patent laws;
- Deleting or altering author attributes or copyright notices in any posted or transmitted material, unless expressly permitted in writing by the author or owner;
- Using the Service in a tortuous manner, including, without limitation, posting libelous, defamatory, scandalous, unlawfully threatening, unlawfully harassing or private information without the permission of the person(s) or entity(ies) involved, or posting or transmitting content that does or is likely to cause emotional distress;
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Promoting, marketing or otherwise directing traffic (directly or indirectly) to a Website hosted by the Service (including, without limitation, a Customers own Website) through the use of unsolicited mass e-mail or spam. Customers seeking to send any permission-based email marketing should read Guidelines for Permission-Based Email to see our guidelines for sending this type of communication.
Guidelines for Permission-Based Email
While Fiberpipe prohibits the use of its systems or network to send unsolicited email Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as 'opt-in' electronic marketing. All recipient information for such marketing conducted by Fiberpipe customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by Fiberpipe from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:
1. All commercial or bulk email originating from a Fiberpipe customer on the Fiberpipe network must have a working unsubscribe link. The customer must honor all requests to unsubscribe within 72 hours. Additionally, there must be text in the email stating that while all requests to unsubscribe are honored, it may take up to 72 hours to process.
2. All Fiberpipe customers sending commercial or bulk email must have a working email@example.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the front page of the associated web site. Customers must regularly answer any messages sent to the abuse@ address.
3. All Fiberpipe customers sending commercial or bulk email must register the abuse@ address for every domain associated with commercial email they send at abuse.net.
5. All commercial or bulk email sent must include information about where the email address was obtained in the body of the email. For example:
"You opted-in to receive this email promotion from our web site or from one of our partner sites."
6. All Fiberpipe customers sending commercial or bulk email must answer all complainants' requests for details regarding where the complainant "opted-in" to receive electronic marketing within 72 hours. This information must include the date, time, originating IP and the location from which the email address or other recipient information was obtained. Instructions on how to get this information must be stated clearly in the body of the email. For example, a statement similar to the following must be present in the body of the email:
"If you would like to learn more about how we received your email address, please contact us at firstname.lastname@example.org."
Requests for "opt-in" information must be responded to within 72 hours.
7. All Fiberpipe customers sending commercial or bulk email must be able to track and identify anonymous complainants. There are several software packages (such as RoboMail) that can help accomplish this.
8. If a Fiberpipe customer is using an affiliate program to send commercial or bulk email through the Fiberpipe network and the affiliate program becomes subject to repeated abuse by users, the customer must discontinue use of the affiliate program or be subject to immediate suspension or cancellation.
9. All customers of Fiberpipe are required to have up-to-date and valid contact information on file with their registrar for any domain hosted on the Fiberpipe network.
· Fiberpipe reserves the right to test portions of any customer's email list in response to complaints and request opt-in information from a random sample of that list at any time.
· Fiberpipe reserves the right to determine in its sole discretion the validity of any customer's email list. Any list Fiberpipe determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
· Fiberpipe reserves the right to test and otherwise monitor customer's compliance with the above guidelines and requirements at any time during the customer's term of service at Fiberpipe.
· If Fiberpipe determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then Fiberpipe may immediately suspend or terminate the customer's service.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, or taking any other actions intended to cloak Customers or Customers users' identities or contact information;
- Using the Service to gain illegal or unauthorized access to anothers computers, networks or information through hacking or other means;
- Using the Service to violate export controls, including limitations on the export of encryption software over the Internet or otherwise to points outside of the United States ;
- Violating any rules and regulations as contained in the Fiberpipe NOC Guide governing the use of Fiberpipe's co-location or other facilities; and
- Assisting, engaging, soliciting or permitting any persons to engage in any of the activities described above. If Customer becomes aware of any such activities, Customer must use its best efforts to stop such activities immediately, including, if necessary, terminating a user's access to Customers services or facilities.
- Disk space utilization will be monitored and billed accordingly. Any user that exceeds the disk space allocation for their plan, whether it be e-mail, shared hosting, or any other service that incorporates disk space, will be subject to billing at the rate of $.50 per MB.
Acceptable Use Policy Modification
Fiberpipe reserves the right to modify this policy at any time without prior notification. It is the customer's responsibility to periodically review the AUP for changes. Continued use of Fiberpipe services after a modification constitutes acceptance of the policy.
Fiberpipe requests that any abuse of the AUP be reported to email@example.com along with the following information:
1. URL of posted obscene material
2. URL of copyright violation
3. IP address and time of incident (time zone must be included)
4. Copy of the Email, address and full Internet headers
If you have questions about the AUP, please send them to firstname.lastname@example.org
Last Updated 4/07/2004 11: 34 A.M.
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