Acceptable Use Policy
Fibernet Communications Company Acceptable Use Policy
This document contains Terms and Conditions under which Fibernet
Customers or Users of Fibernet Service must operate. This document
may be included as part of the Internet Service User Agreement between
Customer and Fibernet Communications Company, Inc.
A. Customer shall not use Service(s) for any purpose which shall
be deemed by FIBERNET to be Unacceptable Internet Use. This includes
but is not limited to any sending or initiating of unsolicited 'spam'
email, using an Account in any way as a target or host being advertised
in an unsolicited manner, any unsolicited or off topic messages in
Usenet, disguising or attempting to disguise or hide identity, or
any use or action which causes an interruption or degradation of
Service(s) or causes or leads to FIBERNET taking action to respond
to any concerns by FIBERNET, current or former FIBERNET subscribers,
and/or other Internet users/providers/services. In the event that
FIBERNET must take action under this clause, Customer's Account may
be Suspended and in the event that upon further investigation by
FIBERNET that Customer is found to have committed any or all of the
above, Customer shall incur an Assessment of $120.00(one hundred
twenty dollars) per man-hour billed in one-half hour increments with
a one-half hour minimum increment. Further, Customer agrees to abide
by all rules of any system and/or provider and/or the like which
they are using and any violation of those rules shall be deemed a
violation of this clause and/or breach of this Agreement.
B. Customer shall not use Fibernet's system as a means for long term
or backup storage of email or other data. In the event that Customer's
email spool size is larger than 500K with any messages older than
30 (thirty) days, the mail file may be deleted. Customer must use
any free email accounts regularly. In the event that a free email
account has not been checked in a 30 day period according to our
records, that account may be deleted and reactivated with a $5.00
Service Fee Assessment at Customer's request. Email Only Accounts,
free or paid, shall be used for the sending and receiving of email
only and do not have the ability to connect to a modem or have storage
space for a website or other files.
C. Customer agrees that there may be other Fees associated with Changing
their Account Type and/or forwarding email and/or the like. Further,
if Customer is on any automatic billing plan, FIBERNET reserves the
right to charge any Assessments via that method.
D. Customer is solely responsible for setting and configuring Unix/Linux
File Permissions for any data, files or the like on FIBERNET's server(s)
and for any deletion, accidental or otherwise that occurs because
of improper setting or configuration by Customer.
E. Accounts, with the exception of Email and ISDN Accounts, may be
allowed to login via a modem connected to a POTS(Plain Old Telephone
Service) and due to many factors beyond FIBERNET's control, Customer's
Connection Speed or Modem Baud Rate may vary from call to call, location
to location and Customer to Customer. For ISDN Accounts, Customer
acknowledges that by nature ISDN lines may redial very rapidly incurring
large amounts due for connection or call charges. Customer is wholly
and fully responsible for ensuring that their equipment does not
redial automatically and is wholly and fully responsible for all
telephone line costs incurred as a result of any outage or misconfiguration,
regardless of cause. For all Account types Customer shall have no
recourse against FIBERNET for any disconnections, redialing, and/or
lower Baud Rates or Connection Speeds.
F. FIBERNET reserves the right to deny access to the UNIX shell and
no guarantee of permission and/or ability to execute specific program(s),
application(s), command(s), script(s), or the like is given, further,
for the purposes of this Agreement, Access to the Internet, the Internet,
and/or it's components shall be defined solely by FIBERNET.
G. Customer should have their Username and Password available when
contacting FIBERNET for any reason.
H. By using their Account, Customer agrees to be bound by this Agreement
and any future Agreement(s) regardless of whether or not they have
physically signed this or any future Agreement.
I. With an Unlimited Use Account Customer is allowed to have up to
five(5) Megabytes of Temporary Storage Space on FIBERNET's machines.
Additional Space can be purchased at the rate of $1.00(one dollar)
per Megabyte(MB) per Month to be purchased in 5(five) MB increments.
Customer should not use FIBERNET's Physical Machine(s) as the permanent
or sole site for storage of data, files or the like. FIBERNET's Physical
Machine(s) and backups should not be used as a means for backup or
restoration of data, files or the like.
J. Customer agrees to keep the information on their Account with
FIBERNET current and acknowledges that by nature the Internet may
allow their name and other personal information to be seen by others.
K. Customer is not allowed to have an idle connection for greater
than fourteen(14) Minutes and fifty-nine(59) Seconds or a total session
time of greater than 8 (eight) hours or with data packet exchange
for the purpose of maintaining a connection, further, Unlimited Use
and/or Unlimited Active Use and/or the like shall mean, as solely
defined by FIBERNET, that Customer must be at and Actively Using
the Physical Machine connected to FIBERNET for the Internet Connection
for the Sole Purpose of the Internet Connection. FIBERNET reserves
the right to define Actively Using and/or Sole Purpose and to Terminate
Customer's connection as deemed appropriate by FIBERNET under this
Agreement. Further if FIBERNET deems necessary, Customer may receive
Proper Notification that they are in Violation of this Agreement
and that their Use is not in accordance with this Agreement. In such
an event, Customer may incur a Dedicated Line Assessment of $65.00(sixty
five dollars) per incident.
L. Customer agrees to release all claims of liability against FIBERNET
relating to and arising from Customer's Account and/or our Provision
of a connection to the Internet. This includes, but is not limited
to, any files, pictures, text, and/or data or the like sent or received
while connected to our Service or any loss due to Service Outage(s)
and/or damage to Physical Machine(s) or facilities.
1. FIBERNET reserves the right but does not have the responsibility
to review and/or remove any information, data, or the like stored
on our Physical Machine(s) at any time and is not responsible for
any loss due to review and/or removal, either intentional or unintentional.
M. With some Account types Customer is allowed to place their own
HTML Page(s) on FIBERNET's HTTP Server(World Wide Web) and/or have
files available via Anonymous FTP on FIBERNET's Server. If Customer
chooses to makes files or Page(s) available with either or both of
these options, Customer shall accept the following additional responsibilities:
1. All questions related to the posting of Customer's page MUST be
directed to our Internet Email address and NOT via telephone or in
person. If Customer uses telephone or in person Technical Support
for HTML and/or Web Page and/or FTP Area related items or the like
from FIBERNET, a Homepage Support Assessment shall be incurred at
the rate of $10.00(ten dollars) per Incident as defined solely by
FIBERNET or $40.00(forty dollars) per hour whichever is greater per
Incident. In addition FIBERNET reserves the right to defer Support
for Homepage(s), FTP, or the like even if they are received via email.
2. Customer's Bandwidth Usage for either or both of the options combined
is not to exceed 250(two-hundred fifty) megabytes(MB) per month.
Note that this restriction applies only to data sent from or to FIBERNET's
Server related to Customer's Page(s) and/or FTP area and DOES NOT
apply to any data Customer downloads or uploads while online unless
to or from their own Page(s) area and/or FTP area. Customer agrees
to pay all additional charges that are incurred as a result of excessive
Bandwidth Usage, whether or not Customer or FIBERNET have any control
over the amount of Bandwidth being used. Usage above 250MB(two hundred
fifty) per month shall incur an Assessment of $0.10(ten cents) per
MB rounded to nearest MB up to 5000MB(five thousand) at which point
FIBERNET reserves the right to remove Customer's Site in addition
to the Assessment. FIBERNET's Record(s) of Bandwidth Usage shall
be the sole Record needed and used for an Assessment to be incurred
and because such records may contain confidential and proprietary
information, Customer has no right of access to such logs or records.
3. No CGI programs are allowed unless expressly provided by FIBERNET.
4. Customer is wholly and solely responsible and liable for all content
and Intellectual Property rights to any material(s).
5. Customer's Page(s) may be Linked at FIBERNET's discretion from
FIBERNET's Homepage(s).
6. If Customer requests that FIBERNET perform any HTML Authoring,
Design and/or Troubleshooting, System and/or File Maintenance and
or FTP related Support, Customer shall be billed at the rate of $40.00(forty
dollars) per hour with a one hour minimum. This provision is not
meant to supersede or replace any other Agreement for like Services
from FIBERNET.
7. If Customer wishes to have an Anonymous FTP directory setup, Customer
shall incur a Setup Fee of $25.00 and an additional Monthly Service
Fee of $5.00.
N. Customer is entitled to limited Technical Support from FIBERNET.
FIBERNET Technical Support will attempt to assist Customer in connecting
to our Physical Machine(s) for the first time and on one machine/install.
FIBERNET Technical Support cannot provide extensive assistance as
solely defined by FIBERNET for software not purchased from FIBERNET
and/or hardware related problems pertaining to improper configuration
of Customer's hardware nor can FIBERNET provide extensive tutorials
as solely defined by FIBERNET on the Internet and its resources.
1. Customer agrees to release all claims of liability against FIBERNET
for damages incurred by Customer or FIBERNET or someone FIBERNET
can reasonably expect to be representing Customer to Customer's equipment,
data or the like resulting from any Technical Assistance or Support
provided by FIBERNET, including but not limited to loss of data or
software or the like from installation, uninstallation, deletion,
moving of files, running of programs, physical contact, advice or
troubleshooting whether performed by FIBERNET or Customer or someone
FIBERNET can reasonably believe to be representing Customer.
O. Customer shall not resell or sell any Internet services through
that utilize their Account and Customer shall not run any servers,
listen on any ports, offer any Internet services, for free or otherwise,
or the like whatsoever. Dedicated Accounts or Accounts with Static
IP's may be allowed, at Fibernet's discretion, to run standard HTTP,
SMTP, POP3, HTTPS, FTP, or IMAP services.
rev 01.1.1
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