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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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