Why is FiberCast providing this Policy to my business?

 

FiberCast's goal is to provide its customers with the best commercial Internet service possible. In order to help accomplish this, FiberCast has adopted this Acceptable Use Policy (the "Policy"). This Policy outlines acceptable use of FiberCast Business Services High-Speed Internet service, including FiberCast-provided WiFi Internet service (collectively, the “Service”). This Policy is in addition to any other restrictions contained in any applicable terms and conditions or other agreements for Small Business or Enterprise services. All capitalized terms used in this Policy that are not defined here have the meanings given to them in the Business Services Agreement.

 

All FiberCast Business Services High-Speed Internet customers and all others who use the Service (the "customer," "user," "you," or "your") must comply with this Policy. Your business' failure to comply with this Policy could result in the suspension or termination of its Service account. In these cases, termination or other charges may apply. If your business does not agree to comply with this Policy, it must immediately stop all use of the Service and notify FiberCast so that it can close your business' account.

How will my business know when FiberCast changes this Policy and how will it report violations of this Policy?

 

FiberCast may revise this Policy from time to time. For a copy of this document, please call 603-331-0000. FiberCast will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email announcements or posting information on the FiberCast Business Services web site. Revised versions of this Policy are effective immediately upon posting. Accordingly, customers of the Service should read any FiberCast announcements they receive and regularly visit the FiberCast Business Services web site and review this Policy to ensure that their activities conform to the most recent version. Your business can send questions regarding this Policy to, and report violations of it via email support (at) fibercast.net. To report a child exploitation incident involving the Internet, please call us at 603-331-0000.


 

 

I. Prohibited Uses and Activities

 

What uses and activities does FiberCast prohibit?

In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer-Provided Equipment, or the FiberCast Equipment, either individually or in combination with one another, to:

Conduct and information restrictions

 

  • undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as "spam;
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
  • initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
  • participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • use IRC (Internet Relay Chat) or other chat services or tools to flood chats, establish more than two (2) concurrent chat connections per device at any time, or use unattended clones, bots, or other automated programs to engage in chats;
  • falsify, alter, or remove message headers;
  • falsify references to FiberCast or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing");
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

 

Technical restrictions

 

  • access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for your business, logging into or making use of a server or account your business is not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • copy, distribute, or sublicense any proprietary software provided in connection with the Service by FiberCast or any third party, except that your business may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • service, alter, modify, or tamper with the FiberCast Equipment or Service or permit any other person to do the same who is not authorized by FiberCast;

 

Network and usage restrictions

 

  • restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions or tools implementing authorized internal business policies), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any FiberCast (or FiberCast supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any FiberCast (or FiberCast supplier) facilities used to deliver the Service;
  • make the Service available to anyone other than your business or your business' authorized employees, contractors, or users (i.e. members of the public, customers of an establishment, hotel or motel guests and patrons, or persons in a residence hall or apartment building) unless done with FiberCast's written approval in accordance with an applicable Business Services Agreement;
  • resell the Service or otherwise make available to anyone outside the Service Location(s) the ability to use the Service (for example, through WiFi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by the applicable Business Services Agreement;
  • connect the FiberCast Equipment to any computer outside of your business' Service Location(s);
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
  • interfere with FiberCast's ability to control or block ports for safety and security purposes and as part of its overall network management;
  • interfere with FiberCast's use and control of its domain name server ("DNS") used in connection with the Service; and
  • accessing and using the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"), unless DHCP is expressly permitted by the applicable Business Services Agreement.

 

II. Customer Conduct and Features of the Service

 

What obligations does my business have under this Policy?

 

In addition to being responsible for its own compliance with this Policy, your business is also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by an employee, contractor, customer, or guest with access to your business' Service account. Therefore, your business must take steps to ensure that others do not use your business' account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of all Service logins and passwords. In all cases, your business is solely responsible for the security of any device it chooses to connect to the Service, including any data stored or shared on that device.  In addition, your business is solely responsible for securing access to any FiberCast Business Portal or other feature that provides administrative and account management-related features for your business’ Service account.

 

It is also your business' responsibility to secure the Customer-Provided Equipment and any other Service Location(s) equipment or programs not provided by FiberCast that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

 

How does FiberCast address inappropriate content and transmissions?
FiberCast reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Sections I or II of this Policy, or otherwise harmful to FiberCast's network or customers using the Service, regardless of whether this material or its dissemination is unlawful so long as it violates this Policy. Neither FiberCast nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on online storage features such as websites and servers) made on the Service. However, FiberCast and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Business Services Agreement, and applicable law.

 

What requirements apply to electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I in this Policy. As described below in Section III of this Policy, FiberCast uses reasonable network management tools and techniques to protect customers from receiving spam and from sending spam (often without their knowledge over an infected computer).

 

FiberCast is not responsible for deleting or forwarding any email sent to the wrong email address(es) by your business or by someone else trying to send email to your business or its employees, contractors, or users. FiberCast is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email will be returned to the sender, ignored, deleted, or stored temporarily at FiberCast's sole discretion.  In the event that a Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) that is hosted by or at the direction of FiberCast will be permanently deleted as well.

 

In the event that FiberCast believes in its sole discretion that any subscriber name, account name, or email address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, FiberCast (i) reserves the right to block access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, FiberCast may at any time reserve any identifiers on the Service for FiberCast's own purposes. In the event that a Service account is terminated for any reason, all email associated with that account (and any secondary accounts) will be permanently deleted as well.

 

FiberCast Service plans limit the storage of messages on FiberCast's systems to a set number of days and may set a fixed upper limit on the size and/or number of messages that you may send or receive through the Service. Neither FiberCast nor any of its suppliers shall have any liability for the deletion of, or failure to store, messages or of the mis-delivery of, failure to deliver or the untimely delivery of messages.

 

FiberCast helps protect its customers from viruses and other unwanted content and programs included in emails. FiberCast's email servers and other systems employ various virus detection and prevention tools that it updates frequently to respond to the latest threats on the Internet. These tools will automatically remove viruses and other unwanted material from emails whenever possible. This applies both to emails your business sends as well as to emails your business receives. FiberCast's systems also may scan all incoming and outgoing email traffic over the Service using automated tools applying recognized and commonly used techniques for identifying and blocking spam and other unwanted or harmful code or content.

 

What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. FiberCast assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.

 

What requirements apply to web hosting services?
As part of the Service, FiberCast may provide various web hosting services that your business can subscribe to and which include, among other features, domain name hosting, website hosting, file storage, and file transfer (collectively, the " Web Hosting Services"). Your business is solely responsible for any information that it or others publish or store on the Web Hosting Services. Your business is also responsible for ensuring that all content made available through the Web Hosting Services is appropriate for those who may have access to it. For example, your business must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. FiberCast reserves the right to remove, block, or refuse to post or store any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I in this Policy. For purposes of this Policy, "material" refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. FiberCast may remove or block content contained on your business' Web Hosting Services and terminate its Web Hosting Services and/or your business' use of the Service if we determine that your business has violated the terms of this Policy.

 

What requirements apply to my business' Service account Internet reputation?
FiberCast provides the Service for use in your business. Most everything your business does using the Service will be directly attributable to it and affect its reputation. However, because FiberCast provides the systems to deliver the Service, there are some things that your business can do using the Service that are directly attributable to FiberCast and affect its reputation. Most obviously, if your business uses the Service to send spam (or what spam reporting services or recipients classify as spam) or uses the Web Hosting Services for an improper purpose such as phishing, these activities may affect FiberCast's reputation because of its ownership of the IP addresses associated with the Service. Of course, these activities also violate this Policy.

 

FiberCast reserves the right to suspend or terminate Service accounts when your business' use of the Service or any of its features, such as Web Hosting Services, negatively impacts FiberCast's reputation as determined in its sole discretion. For example, any use of the Service or its features that results in your business' Service account, or any associated FiberCast information, being listed on, for example, spam reporting web sites such as Spamhaus, SBL, ROKSO, TrendMicro Maps, or SenderScore Blocklist, or anti-phishing or anti-spyware services, may result in FiberCast suspending or terminating your business' Service account. In these situations, FiberCast prefers to work directly with your business to address the problems causing the harm to FiberCast's reputation so that they do not happen again.

 

III. Network Management

 

Why does FiberCast manage its network?
FiberCast manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are not unlimited. Managing the network is essential as FiberCast works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network management practices that are consistent with industry standards. FiberCast tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience. Of course, the company's network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

 

The need to engage in network management is not limited to FiberCast. In fact, all large Internet service providers manage their networks. Many of them use the same or similar tools that FiberCast does. If the company didn't manage its network, its customers would be subject to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement of this Policy, FiberCast can deliver the best possible broadband Internet experience to all of its customers.

 

How does FiberCast manage its network?
FiberCast uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Business Services Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, and (iii) using other tools and techniques that FiberCast may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

 

IV. Data Consumption

 

Are there restrictions on data consumption that apply to the Service?
The Service is for commercial use only in a small, medium, or large business as determined by the applicable Business Services Agreement. Therefore, FiberCast reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical commercial user of the Service as determined by the company in its sole discretion, or where it exceeds published data consumption limitations. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol ("FTP"), (ii) peer-to-peer applications, and (iii) user generated content sites. Your business must also ensure that its use of the Service does not restrict, inhibit, interfere with, or degrade any other person's use of the Service, nor represent (as determined by FiberCast in its sole discretion) an overly large burden on the network. In addition, your business must ensure that its use of the Service does not limit or interfere with FiberCast's ability to deliver and monitor the Service or any part of its network.

 

If your business uses the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, FiberCast may, in its sole discretion, suspend or terminate your business' Service account or request that it subscribe to a different version of the Service if it wishes to continue to use the Service at higher data consumption levels. FiberCast may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Business Services Agreements. FiberCast's determination of the data consumption for Service accounts is final.

 

V. Violation of this Acceptable Use Policy

 

What happens if your business violates this Policy?
FiberCast reserves the right immediately to suspend or terminate your business' Service account and terminate the Business Services Agreement if it violates the terms of this Policy or the Business Services Agreement.

 

How does FiberCast enforce this Policy?
FiberCast does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company's efforts to promote good citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. FiberCast has no obligation to monitor the Service and/or the network. However, FiberCast and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and FiberCast users.

 

FiberCast prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. FiberCast also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without FiberCast's intervention. However, if the Service is used in a way that FiberCast or its suppliers, in their sole discretion, believe violates this Policy, FiberCast or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither FiberCast nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not FiberCast's exclusive remedies and FiberCast may take any other legal or technical actions it deems appropriate with or without notice.

 

FiberCast reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on FiberCast's servers and network. During an investigation, FiberCast may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. Your business expressly authorizes and consents to FiberCast and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of your business' Service account, FiberCast is authorized to delete any files, programs, data, email and other messages associated with your business' account (and any secondary accounts).

 

The failure of FiberCast or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Your business agrees that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

 

Your business agrees to indemnify, defend and hold harmless FiberCast and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this Policy. Your business' indemnification will survive any termination of the Business Services Agreement.

 

VI. Copyright

 

How does FiberCast communicate with customers about copyright?

 

FiberCast is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws.  Accordingly, your business may not store any material or content on, or disseminate any material or content over, the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.  FiberCast complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) that provides a process for copyright owners to communicate information about alleged infringements to us, and for us to inform our customers about them.  Your business may receive notices under the DMCA if a copyright owner identifies your business’ Service account as having been used in connection with acts of alleged copyright infringement.

 

What is FiberCast's DMCA policy?

 

Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements.  It is FiberCast's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who FiberCast, in its sole discretion, believes is infringing these rights.  FiberCast may terminate the Service at any time with or without notice for any affected customer or user.

 

How do copyright owners report alleged infringements to FiberCast under the DMCA?

 

Copyright owners may report alleged infringements of their works that are stored on the Service or the Web Hosting Services by sending FiberCast's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA.  Upon FiberCast's receipt of a satisfactory notice of claimed infringement for these works, FiberCast will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Service or the Web Hosting Services or (ii) disable access to the work(s).  FiberCast will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

 

Copyright owners may send FiberCast a notification of claimed infringement to report alleged infringements of their works under the DMCA to:

 

DMCA Notifications
FiberCast Cable Communications, LLC
25 South Maple Street
Manchester, NH 03103 U.S.A.
Phone: 603.331.0000
Fax: 603.331.0001
Email: dmca (at) fibercast.net

 

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to FiberCast, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

 

What can your business do if it receives a DMCA notification of alleged infringement?

 

If your business receives a DMCA notification of alleged infringement as described above, and it believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then your business may send a counter notification to FiberCast.  Upon FiberCast's receipt of a counter notification that satisfies the requirements of the DMCA, FiberCast will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification.  In all events, your business expressly agrees that FiberCast will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

 

If a notification of claimed infringement has been filed against your business, it can file a counter notification with FiberCast's designated agent using the contact information shown above.  All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

 

Revised and effective: February 15, 2013

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