User Policy
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY, SECURITY, RELIABILITY, AND PRIVACY OF SIMPLEFIBER INTERNET PRODUCT NETWORK, SimpleFiber Communications, LLC and its respective affiliates and subsidiaries providing services (“SimpleFiber”), has created this Acceptable Use Policy (AUP). THIS AUP APPLIES ALONG WITH THE TERMS OF SERVICE GOVERNING THE CUSTOMER’S USE OF SIMPLEFIBERS INTERNET AND RELATED SERVICES (TOS) AND SIMPLEFIBER’S OPEN INTERNET DISCLOSURE, TO SPECIFY USE RESTRICTIONS APPLICABLE TO USERS OF THE
SERVICE. THE CUSTOMER RECOGNIZES AND AGREES THAT THE THEN CURRENT VERSION OF THE AUP TO BE MAINTAINED BY SIMPLEFIBER AND POSTED ON SIMPLEFIBER’S WEBSITE WILL SUPERCEDE ALL PREVIOUS VERSIONS OF THIS DOCUMENT AND THAT CUSTOMER’S CONTINUED USE OF SIMPLEFIBER’S INTERNET SERVICE WILL CONSTITUTE CUSTOMER’S
ACCEPTANCE OF THIS POLICY AS IT MAY BE AMENDED.
BY USING THE SERVICE, THE CUSTOMER AGREES TO ABIDE BY, AND REQUIRE EACH USER OF THE SERVICE TO ABIDE BY, THE TERMS OF THIS AUP AND ASSOCIATED TOS. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER MUST IMMEDIATELY CEASE USE OF THE SERVICE.
1. USE. The Service is designed solely for use in Customer’s business. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by an employee of the Customer’s business or an authorized or unauthorized third-party. Customer is responsible for any and all e-mail addresses associated with the Customer’s account. Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device and (ii) any access point of the Service. If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. Customer will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology, except as expressly provided in any contract for service. SimpleFiber reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice.
2. PROHIBITED ACTIVITIES USING THE SYSTEM, NETWORK, AND SERVICE. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without
limitation, the following:
a. 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, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
b. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
c. Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
d. Forging the header of any transmitted information packet, email, or Usenet posting.
e. Modifying or tampering with any hardware, software, or configuration provided by SimpleFiber including but not limited to: routers, switches, access points, wireless gateways, security devices and cable modem configuration files.
f. Reselling or otherwise redistributing the Service.
g. Disrupting any aspect of the Service through any means.
h. Excessive use of bandwidth, that in SimpleFiber’s sole opinion, places an unusually large burden on the network or is deemed by SimpleFiber to be above normal usage. SimpleFiber has the right to impose limits on excessive bandwidth consumption via any means available to SimpleFiber.
i. Assuming or assigning a SimpleFiber IP address that was not allocated to the user by SimpleFiber or its network – all SimpleFiber Internet users must use DHCP assigned by the Service to acquire an IP address or utilize a Static IP address provided by SimpleFiber.
j. Running any type of server on SimpleFiber’s system that is intentionally used to disrupt other users of the Service or users of the Internet in general.
3. NO ILLEGAL OR FRAUDULENT USE. The Service may be used only for lawful purposes. Customer will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to
promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the
Service to impersonate a person or entity is not permitted.
4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT. Use of the Service is also subject to SimpleFiber’s Copyright Infringement Policy. SimpleFiber reserves the right to suspend or terminate accounts which are in violation of SimpleFiber’s Copyright
Infringement Policy.
5. NO SPAM. Users may not send any unsolicited bulk email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender (“Spam”). All commercial email messaging must comply with the Federal, State, and Local law, such as the CANSPAM Act (See: http://www.business.ftc.gov/documents/bus61-can-spam-act-
compliance-guide-business and http://uscode.house.gov/download/pls/15C103.txt). These communications do not necessarily have to pass through the Service’s email infrastructure – it only needs to originate from a Service User. SimpleFiber maintains a zero-tolerance policy on Spam for all of its Internet products and may take immediate action against users violating this AUP. SimpleFiber reserves the right to impose certain limitations on use of the Service’s email. The Services may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communication
may not direct the recipient to any web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited communication even if that communication is
not sent through the Service or its infrastructure. Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from a User is considered to be harassment. Customer is responsible for maintaining confirmed opt-in records and must provide them to SimpleFiber upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.
6. NO SYSTEM DISRUPTION. Customer will not use, or allow others to use, the Service to disrupt degrade, and/or otherwise adversely affect SimpleFiber’s network or computer equipment owned by SimpleFiber or other SimpleFiber customers.
7. SECURITY/ABUSABLE RESOURCES. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on
their network. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from SimpleFiber, Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
8. NO “HACKING”. Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other online users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
9. NETWORK MANAGEMENT. SimpleFiber utilizes as necessary a variety of reasonable network management practices consistent with industry standards to ensure that all of its Customers have a high quality online experience. These practices are
undertaken without regard to the source, destination, content, application, or service, and which are designed to protect Customers from activities that can unreasonably burden our network or compromise security. SimpleFiber’s online network is bidirectional network, the proper management of which is essential to promote the use and enjoyment of the Internet by all of our Customers. SimpleFiber monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity as necessary. Refer to SimpleFiber’s Network Management Practices for more information.
10. Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, denial of service attacks bots. SimpleFiber will take appropriate (as decided by SimpleFiber’s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
11. ENFORCEMENT. SimpleFiber reserves the right to investigate violations of this AUP, including the gathering of information from the Customer or other Users involved and the complaining party, if any, and the examination of material on SimpleFiber’s
servers and network. SimpleFiber prefers to advise Users of AUP violations and any necessary corrective action but, if SimpleFiber, in its sole discretion, determines that a User has violated the AUP, SimpleFiber will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. SimpleFiber is not liable for any such responsive action and these actions are not exclusive. SimpleFiber may take any other legal or technical action it deems appropriate.
12. NO WAIVER. The failure by SimpleFiber or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
13. REVISION TO POLICY. SimpleFiber reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to SimpleFiber’s homepage (www.business.SimpleFiber.com), by email or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit SimpleFiber’s website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any customer or customer agreement and this Policy, the terms of this Policy will govern. Questions regarding this Policy should be directed to [email protected]. Complaints of violations of it by SimpleFiber customers can be directed to [email protected].
SIMPLEFIBER RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF THE SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE AUP OR TOS, IS OBJECTIONABLE OR UNLAWFUL, INTERFERES WITH SIMPLEFIBER’S SYSTEMS OR NETWORK OR THE INTERNET OR OTHERS’ USE OF THE SERVICE.