Acceptable Use Policy

(AUP)

 

IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO ENSURE THE INTEGRITY OF METRO FIBER SYSTEMS COMMERCIAL HIGH-SPEED INTERNET ACCESS (“SERVICE”), METRO FIBER SYSTEMS HAS ADOPTED THIS ACCEPTABLE USE POLICY. THE WORD CUSTOMER IS USED HEREIN TO REFER TO ANY PERSON, ENTITY OR BUSINESS ORGANIZATION THAT SUBSCRIBES TO THE SERVICE. BY USING THE SERVICE, CUSTOMER AGREES TO THE TERMS OF THIS ACCEPTABLE USE POLICY. METRO FIBER SYSTEMS RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE CUSTOMER’S SERVICE WITHOUT NOTICE, AT METRO FIBER SYSTEMS’S SOLE DISCRETION, IF CUSTOMER OR OTHERS WHO USE CUSTOMER’S SERVICE, VIOLATE THIS ACCEPTABLE USE POLICY. METRO FIBER SYSTEMS ALSO RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OR INFORMATION THAT VIOLATES THIS POLICY FOR ANY REASON WHATSOEVER AT METRO FIBER SYSTEMS’S SOLE DISCRETION WITHOUT PRIOR NOTICE.

 

1. USE. Services provided to the Customer are being provided solely for use in a Customer’s business and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service is in violation of this Policy and relieves Metro Fiber Systems of any affirmative obligations it may have. Customer will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided in any contract for service. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access. Metro Fiber Systems reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service.

 

2. END USERS. Customer is responsible for ensuring that all end users of the Service comply with this AUP. Metro Fiber Systems may disconnect Service if an end user violates this AUP. The Customer must make contact information publicly available, and must respond in a timely manner to any complaints. Metro Fiber Systems shall consider any complaints regarding the Customer’s end users to apply to the Customer. Customer is responsible for any and all e-mail addresses associated with the Customer’s account.

 

The Customer is responsible for any misuse of the Service, whether by authorized or unauthorized end users. Therefore, the 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 to 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.

 

3. NO ILLEGAL OR FRAUDULENT USE. Customer will not use, nor allow others to use, the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children’s Online Privacy Protection Act). Customer will not use, nor allow others to use, the Service to commit a crime, act of terrorism, or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or Ponzi scheme, or sending chain letters.

 

4. NO COPYRIGHT OR TRADEMARK INFRINGEMENT. Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person, entity or business organization. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software. Metro Fiber Systems is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Metro Fiber Systems if they believe a Metro Fiber Systems customer has infringed the copyright owner’s work(s). If Metro Fiber Systems receives a notice from a copyright owner alleging a Customer has committed copyright infringement, Metro Fiber Systems will notify the Customer of the alleged infringement. If Metro Fiber Systems receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” Metro Fiber Systems reserves the right to terminate the accounts and access to the Service of repeat copyright infringers.

 

5. NO THREATS OR HARASSMENT. Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

 

6. NO HARM TO MINORS. Customer will not use, nor allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials.

 

7. NO “SPAMMING". Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation (“spamming”). Metro Fiber Systems reserves the right, in Metro Fiber Systems sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials. This prohibition against spamming is applicable to mass mailings by Customers in conjunction with third parties and is designed to maintain Service quality for all Customers. Mass mailings are those sent to more than 150 recipients by Customer or in conjunction with a third party to any group of recipients. Customer is responsible for maintaining confirmed opt-in records and must provide them to Metro Fiber Systems upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.

 

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 on-line 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. NO SYSTEM DISRUPTION. Customer will not use, nor allow others to use, the Service to disrupt Metro Fiber Systems network or computer equipment owned by other Metro Fiber Systems customers. Any static IP address must be authorized and provisioned by Metro Fiber Systems. Customer also agrees that Customer will not use, nor allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.

 

10. NO IMPERSONATION OR FORGERY. Customer will not impersonate, nor allow others to impersonate, another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not, nor allows others to, forge any message header of any electronic transmission, originating or passing through the Service.

 

11. NO ABUSE OF NEWSGROUPS. Customer will not post, nor allow others to post, a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.

 

12. NO EXCESSIVE USE OF BANDWIDTH. If Metro Fiber Systems determines, in Metro Fiber Systems sole discretion, that Customer is using an excessive amount of bandwidth over the Metro Fiber Systems network infrastructure for Internet access or other functions using public network resources, Metro Fiber Systems may at any time and without notice, suspend excessive bandwidth capability, suspend Customer’s access to the Service, require Customer to pay additional fees in accordance with Metro Fiber Systems then-current, rates for such service, or terminate Customer’s account.

 

13. NO “VIRUSES”. Customer will not use, nor allow others to use, the Service to transmit computer “viruses,” worms, “Trojan horses” or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software.

 

14. NO WAIVER. The failure by Metro Fiber Systems or its affiliates to enforce any provision of this AUP shall not be construed as a waiver of any right to do so at any time.

 

15. REVISIONS TO POLICY. Metro Fiber Systems 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 the policy. Notice of modifications to this Policy may be given by posting such changes to Metro Fiber Systems homepage, www.columbiacountyga.gov, by electronic mail or by conventional mail.

 

 

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