The purpose of Fiberpipe's Acceptable Use Policy ("AUP") is to ensure premium Internet services for all subscribers to Fiberpipe services by preventing unacceptable use. This AUP applies to all subscribers of Fiberpipe's Internet services as well as all visitors that may access the service without an account. By accessing or using Fiberpipe's service, you agree to comply with this AUP as well as any guidelines or rules that may be posted on the service from time to time. It is not Fiberpipe's intent to restrict the free flow of information and ideas via the Internet, nor do we actively monitor the use of our service. However, we do reserve the right at our sole discretion to remove any materials that violate this AUP. In the event of a crime, Fiberpipe may cooperate with legal authorities and/or duly appointed third parties in their investigation. Failure to comply with the AUP may result in the suspension or termination of the user's account and services.

» Warranties and Disclaimers

With the exception of products and services that are clearly identified as supplied by Fiberpipe, Fiberpipe does not control or endorse any information, products, or services on the Internet in any way; all information, products, or services on the Internet are offered by third parties with no affiliation to Fiberpipe. Similarly, Fiberpipe does not warrant that file downloads are free of viruses, worms, Trojan horse or other destructive code. The user is responsible for maintaining sufficient procedures and checkpoints to establish the accuracy of data input and output and for maintaining a means to reconstruct lost data. The user assumes total responsibility for the use of the service and the Internet. Fiberpipe does not make any express or implied warranties, representations, or endorsements whatsoever with regard to the service or on the Internet generally, and Fiberpipe shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Fiberpipe does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected unless expressly implied through a Service Level Agreement. The service and any software provided with the service is on an "as is, as available" basis.

The Internet contains unedited material that may be sexually explicit or offensive. Access of this material is at your own risk. Fiberpipe has no control over and accepts no responsibility for such materials.

In no event shall Fiberpipe be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service or downloaded or hyperlinked from the service, even if Fiberpipe or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the service.

» Security

Fiberpipe will use all possible efforts to ensure secure communications through its services; however, data traveling on the Internet passes through multiple providers outside of Fiberpipe's control. Due to this, Fiberpipe makes no guarantees as to the total security of data passed through its services onto the Internet.

» Dial-up Accounts

Fiberpipe Dial-Up customers agree to use the service only for your personal, family, household, and non-commercial purposes. Using a personal account for high volume or commercial use is prohibited unless you enter into a business or dedicated access plan with Fiberpipe Inc. It is important to understand that the Fiberpipe Dial-Up dial-up plan is not a dedicated "always on" connection to the Internet, but rather an always available service that allows the user to log on and access the internet when desired and requires the user to log off when finished. "Unlimited" is an industry term referring to flat-rate pricing not subject to a per-hour charge.

Fiberpipe Dial Up customers may not use the service on a standby or inactive basis in order to maintain a connection. User agrees to have their online session automatically terminated after twenty (20) consecutive minutes of inactivity. The use of any electronic or mechanical means to maintain an always-on connection, including but not limited to "pingbot" software, auto-dialers, and automatic logins to mail servers, is prohibited. Fiberpipe reserves the right to disconnect users when six (6) consecutive hours of use have been reached. Fiberpipe reserves the right to upgrade Dial-Up customers if it is determined the customer has exceeded 300 hours in a calendar month for 2 consecutive months.

» Technical Support

Fiberpipe is committed to providing timely, high-quality technical support. To accomplish the level of support that you, our customer, expect, it is necessary to focus on supporting the products provided by Fiberpipe. Thus, in order to ensure that we are able to maintain top level technical support, we are not able to provide support on third party products such as: your computer, your computer's operating system, peripheral devices and applications.

At times it may be difficult to determine where the problem is located, so if your first call is to Fiberpipe and our technicians determine the problem is outside of our product offering, they will instruct you on where to find help. In the event that Fiberpipe elects to repair a third party product, charges may be applicable.

» Account Termination

In the event of an account being terminated, for whatever reason, Fiberpipe retains ownership of all IP addresses assigned to the account. Additionally, Fiberpipe reserves the right to delete all personal files and other information associated with the account.

» Prohibited Uses

Uses that Fiberpipe considers inappropriate, and thus prohibited, include, but are not limited to:

1. Using the Service to violate any law, statute, ordinance or regulation of any domestic or foreign jurisdiction (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising);
2. Using the Service to sell any product or services that are unlawful at any location where the content is posted or received;
3. Using the Service to post or transmit any content or material that is obscene, excessively violent, unlawfully harassing, unlawfully threatening or otherwise objectionable (as defined in 47 U.S.C. § 230(c)(2)(A) or other applicable law or regulation;
4. Using the Service to post or transmit any content that advocates, promotes or otherwise encourages violence, insurrection, or unlawful harassment against any government, organization, group or individual or that provides instruction, information or assistance in causing or carrying out such violence, insurrection or unlawful harassment;
   
5. Using the Service to post or transmit any content that holds Fiberpipe or any of its affiliates, employees or shareholders up to public scorn or ridicule;
6. Using the Service for the provision of any products or services that compete with any of Fiberpipe's products or services;
   
7. Using the Service to post or transmit any content that violates or infringes on any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or any rights of publicity of any third party;
   
8. Failing to obtain all required permissions when using the Service to receive, upload, download, display, distribute, execute programs or perform other works or derivative works protected by intellectual property laws including copyrights and patent laws;
   
9. Deleting or altering author attributes or copyright notices in any posted or transmitted material, unless expressly permitted in writing by the author or owner;
   
10. Using the Service in a tortuous manner, including, without limitation, posting libelous, defamatory, scandalous, unlawfully threatening, unlawfully harassing or private information without the permission of the person(s) or entity(ies) involved, or posting or transmitting content that does or is likely to cause emotional distress;
    
11. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    
12. Promoting, marketing or otherwise directing traffic (directly or indirectly) to a Website hosted by the Service (including, without limitation, a Customer's own Website) through the use of unsolicited mass e-mail or spam;
    
13. Violating the personal privacy rights of others or Customers' stated privacy policies, including, without limitation, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
    
14. Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, or taking any other actions intended to cloak Customers or Customers' user identities or contact information;
    
15. Using the Service to gain illegal or unauthorized access to another's computers, networks or information through hacking or other means;
    
16. Using the Service to violate export controls, including limitations on the export of encryption software over the Internet or otherwise to points outside of the United States;
    
17. Violating any rules and regulations as contained in the Fiberpipe NOC Guide governing the use of Fiberpipe's colocation or other facilities; and
    
18. Assisting, engaging, soliciting or permitting any persons to engage in any of the activities described above. If Customer becomes aware of any such activities, Customer must use its best efforts to stop such activities immediately, including, if necessary, terminating a user's access to Customer's services or facilities.
    

» Acceptable Use Policy Modification

Fiberpipe reserves the right to modify this policy at any time without prior notification. It is the customer's responsibility to periodically review the AUP for changes. Continued use of Fiberpipe services after a modification constitutes acceptance of the policy.

» Abuse

Fiberpipe requests that any abuse of the AUP be reported to abuse@fiberpipe.com along with the following information:

1. URL of posted obscene material
2. URL of copyright violation
3. IP address and time of incident (time zone must be included)
4. Copy of the Email, address and full Internet headers