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Acceptable Use Policy

This Acceptable Use Policy ("AUP") specifies the actions prohibited by Fiber Technologies Networks, L.L.C. ("Fibertech") to users of Fibertech services or facilities.

Lawful Purposes Only

All facilities and/or services provided by Fibertech may be used only for lawful purposes. Transmission, distribution or storage 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, defamatory, constitutes an illegal threat, or violates export control laws.

Security of System and Network

Violations of any security protocol and/or measure and or device for the system or network are prohibited, and may result in criminal and civil liability. Fibertech will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Without limiting the generality of the foregoing, the following are examples of such security violations:

  • 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.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Electronic Mail/Usenet

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited. Use of a false reply address ("Spoofing") is also prohibited.

Violations

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A FIBERTECH CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AUP BY SUCH CUSTOMER OR END USER. Notwithstanding any provision herein or in any other agreement between the parties to the contrary, Fibertech may suspend services immediately (and avail itself of any remedy listed in this AUP, any agreement between the parties, or allowable under law) if any user, its customer or end user uses Fibertech's facilities or any Fibertech property for illegal purposes or in a manner that has a materially adverse impact on Fibertech's business operations, with such suspension to remain in effect until such activity or impact is alleviated.

Complaints Process

Complaints regarding any type of illegal use or abuse, or about any system or network security issues may be sent to info@fibertech.com.

For active security incidents, please immediately contact Fibertech's Network Operations Center at 1-800-497-5578 at any time.

Indemnity, No Liability

Fibertech takes no responsibility and assume no liability for any content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity that you may encounter. Fibertech is only the provider of the facilities and/or services, and shall not be liable for any statements, representations, or content provided by or encountered by our users in any online source.

You agree to indemnify, defend and hold harmless, Fibertech, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, resulting from your violation of this AUP.

Miscellaneous

Fibertech reserves the right to modify its AUP at any time, effective upon the earlier of either written notice to you or the posting of the modified AUP to Fibertech's web site: www.fibertech.com

Technology changes rapidly, and any activity not specifically prohibited herein but determined by Fibertech, in its sole discretion, to be harmful to other customers or the general operations of the system or network may be halted by Fibertech. Provided, however, that in no event shall Fibertech be liable for failing to halt any activity, whether or not specifically proscribed hereunder.

This AUP agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law principles. If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then the remainder of this agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.