Acceptable Use Policy

FuzeCore's High Speed Internet Service

Acceptable Use Policy

Last modified: October, 2008

Important Note: FuzeCore may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the FuzeCore Web site at http://www.fuzecore.com/internet/tos.html. Accordingly, users of the FuzeCore residential services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any subscriber agreement and this policy, the terms of this policy will govern. Questions regarding this policy can be directed to legal@fuzecore.com. Complaints of violations of this policy by FuzeCore users can be directed to abuse@fuzecore.com.

Introduction

FuzeCore, provides a variety of Internet services to residences and businesses (the "Services"). The FuzeCore residential service allows subscribers to connect to the Company's high-speed Internet connection. The Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet, which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience. Use of the Services is subject to the following rules and guidelines. Each customer of FuzeCore is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE FUZECORE CUSTOMER SERVICE DEPARTMENT SO THAT THE USER'S ACCOUNT MAY BE CLOSED.

Illegal Activity

The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:

  • Posting or disseminating material which is unlawful (such as child pornography or obscene material).
  • Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.
  • Pyramid or other illegal soliciting schemes.
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

Security

You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services. The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any 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 you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, port scanners, packet sniffers or network probing tools, is prohibited. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus, worm or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, FuzeCore recommends against enabling file or printer sharing of any sort. FuzeCore recommends that any files or services you do choose to make available for remote access be protected with a strong password, personal firewall or as otherwise appropriate.

Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. FuzeCore will not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and FuzeCore. shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet or another service such as FuzeCore's Adult Content Filter. Content questions or complaints should be addressed to the content provider. You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. FuzeCore reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. FuzeCore does not have any obligation to monitor transmissions made on the Services. However FuzeCore does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing FuzeCore. to reproduce, publish, display, transmit and distribute such content as necessary for FuzeCore to deliver the content in a timely manner.

Electronic Mail

The Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Services. You may not create an email address which is pornographic, patently offensive or misleading in the sole judgment of FuzeCore. Forging, altering or removing electronic mail headers is prohibited. You may not reference the FuzeCore network (e.g. by including "Organization: FuzeCore" in the header or by listing an IP address that belongs to the FuzeCore network) in any unsolicited email even if that email is not sent through the FuzeCore network. "Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. The FuzeCore network is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at the FuzeCore network's sole discretion.

Newsgroups

Messages posted to newsgroups must comply with the written charters or FAQ's for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQ's explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited. Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations. Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. FuzeCore reserves the right to discontinue access to any Usenet newsgroup at any time for any reason. You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be canceled, except by the author or by official newsgroup moderators performing their duties. Non-interactive clients which download Usenet articles in bulk are prohibited.

Internet Relay Chat

The Services may be used to participate in "chat" discussions. These discussions may be hosted by FuzeCore network servers, by third party servers, or may not involve any servers at all. In all cases, the FuzeCore network does not normally monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat. The services may not be used to perform chat "flooding." Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones". Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware, and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized. A customer may not use the Services to connect to chat servers or channels from which they have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity (other than using a nickname from which FuzeCore. could if necessary determine your real name) while participating in chat sessions is forbidden.

Web Space

As part of the Services, FuzeCore provides storage space and access for web pages through its Personal Web Space service. You are solely responsible for any information that you publish on your Personal Web Space You must ensure that the intended recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. FuzeCore reserves the right to remove or refuse to post any information or materials, in whole or in part, that they, in their sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. FuzeCore will not routinely monitor the contents of your Web Space; however, FuzeCore. does have the right to monitor such and if complaints are received regarding language, content or graphics contained on your web pages, FuzeCore. may remove the web page hosted on FuzeCore's servers and terminate your Personal Web Space service if FuzeCore determines that you have violated the terms of the AUP.

Bandwidth, Data Storage and Other Limitations

The FuzeCore network is designed for typical usage by a computer user seated at his or her keyboard. Computer activity resulting in excessive or sustained bandwidth consumption such as from unattended computer activity may burden the network and such usage may be restricted. It is therefore essential that you comply with the current bandwidth, data throughput, file storage and other limitations on the Services. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgment of FuzeCore.) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede FuzeCore's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services. FuzeCore provisions all customers with up to at least Standard Speeds or higher. Nearly all customers will experience Extended Speeds and remain provisioned at that level. Customers who exceed threshold limits remain at Standard speeds during the enforcement period. The enforcement period begins mid-afternoon and continues until approximately midnight. For example: A "Residential" customer getting extended speeds who consumes 1,347 MB of download bandwidth during the measurement period will automatically change provisioning to Standard Speeds until midnight of that day. FuzeCore may, without notice, modify the speed, interrupt, or prohibit such data traffic. We also collect data on customer traffic pattern usage through the use of traffic management software. The analysis is provided as broad categories of usage and enables FuzeCore to modify, when necessary, the amount of bandwidth you have available for any general category of use if, in FuzeCore's sole judgment, your bandwidth consumption is excessive generally or in any particular category. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede FuzeCore's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services. FuzeCore residential or commercial customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the prior written consent of FuzeCore. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, send a news feed or redistribute FuzeCore Internet service via wireless network. The FuzeCore residential service offering is a consumer product designed for your personal use of the Internet. For example, the service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use. You may not run a server in connection with the FuzeCore residential service, nor may you provide network services to others via the FuzeCore residential service. The FuzeCore residential service includes personal Web Space accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 & smtp), http, https, ftp, irc, dhcp and multi-user interactive forums. For information about commercial Internet pricing, please see http://www.fuzecore.com/internet.php

Violation of Acceptable Use Policy

FuzeCore does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. It is our policy, in appropriate circumstances, to terminate the accounts of subscribers who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although FuzeCore. has no obligation to monitor the Services and/or the network, FuzeCore reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and FuzeCore users. FuzeCore prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which FuzeCore., in their sole discretion, believe violate this Policy, FuzeCore. may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. FuzeCore. will not have any liability for any such responsive actions. The above described actions are not FuzeCore's exclusive remedies and FuzeCore. may take any other legal or technical action it deems appropriate. FuzeCore 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 FuzeCore's servers and network. During an investigation, FuzeCore may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize FuzeCore. to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include FuzeCore providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, FuzeCore is authorized to delete any files, programs, data and email messages associated with such account. The failure of FuzeCore to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree 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. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Arizona.

Network Devices

In order to maintain network devices, network growth and all customer premise equipment (sip and routing devices) are functioning to the specifications set by our networking team FuzeCore reserves the right to upgrade, via software download and without subscriber notification, all network devices currently connected to its network.

Limitations of Liability

FuzeCore will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. FuzeCore reserves the right to interrupt the Service usually between the hours of 1am to 5am (MST or Local) for maintenance purposes. Also understand that FuzeCore. has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond FuzeCore's control. As to FuzeCore's own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer's bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. While FuzeCore employs virus and spam checking software, the speed of new virus and spam creation is such that FuzeCore does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Service is at your own risk and the Service is provided without warranty or guarantee of any kind either express or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, FuzeCore, its parent company and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, FuzeCore's liability to you for all potential claims will not exceed the total amount of service fees paid during the preceding three months. As to consumer customers, some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Service.

Miscellaneous Provisions

FuzeCore will make reasonable efforts to provide customer with continuous, uninterrupted, expedient and error-free Service. Nonetheless, understand that temporary interruptions of the Service may occur as normal events in the provision of the Service. FuzeCore reserves the right to interrupt Internet service between the hours of 2am to 5am (MST) for maintenance purposes. Also understand that FuzeCore has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond FuzeCore's control. This Policy does not give you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Service.

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