Enterprise Acceptable Use Policy

Enterprise Acceptable Use Policy

Roanoke Connect Holdings, LLC d/b/a Fybe (“Fybe”) and its respective affiliates and subsidiaries providing services to or on behalf of Customers (also collectively referred to as “Fybe” and with the service or services being referred to as the “Service”) has created this Enterprise Acceptable Use Policy (AUP). To provide high-quality customer service and to ensure the integrity, security, reliability, and privacy of Fybe’s Internet Service Network, this AUP applies, along with the terms of service governing the Customer’s use of Fybe’s Internet and related services (TOS), to specify use restrictions applicable to users of the service. Customer agrees the then-current version of the AUP, to be maintained by Fybe and posted on Fybe’s website, will supersede all previous versions of this document and Customer’s continued use of Fybe’s Internet service will constitute Customer’s acceptance of this AUP as may be amended.

BY USING THE SERVICE, CUSTOMER AGREES TO ABIDE BY, AND REQUIRE EACH USER OF THE SERVICE TO ABIDE BY, THE TERMS OF THIS AUP AND ASSOCIATED TOS. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER MUST IMMEDIATELY CEASE USE OF THE SERVICE.

1. USE. The Service is designed solely for use in Customer’s business. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by an employee of the Customer’s business or an authorized or unauthorized third-party. Customer is responsible for all e-mail addresses associated with the Customer’s account. Customer must take steps to ensure 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 of the Service. If the Customer sells or resells advertising or web space to a third party, the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. Customer will not resell or redistribute, or enable others to resell or redistribute access to the Service in any manner, including, but not limited to, wireless technology, except as expressly provided in any contract for service. In the event of a breach by Customer, Fybe reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this AUP, without prior notice.

2. PROHIBITED ACTIVITIES USING THE SYSTEM, NETWORK, AND SERVICE. Any activity or use of the Service which violates system or network security or integrity is prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
(a) Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
(b) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
(c) Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, denial of service attacks, brute force attacks, or malware or virus attacks.
(d) Forging the header of any transmitted information packet, email, or Usenet posting.
(e) Modifying or tampering with any hardware, software, or configuration provided by Fybe including but not limited to: routers, switches, access points, wireless gateways, security devices, and cable modem configuration files.
(f) Disrupting any aspect of the Service through any means.
(g) Assuming or assigning a Fybe IP address that was not allocated to the user by Fybe or its network – all Fybe Internet users are subject to IP address assignment as determined by Fybe.
(h) Running a server on Fybe’s system that is intentionally used to disrupt other users of the Service or users of the Internet in general.

3. NO ILLEGAL OR FRAUDULENT USE. The Service may be used only for lawful purposes. Customer will not use or allow others to use the Service in any manner that is in violation of any applicable federal, state, local, or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation: material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.

4. NO SPAM. Users may not send any unsolicited bulk email or electronic communication including, but not limited to communications using instant messenger programs, Usenet, blogs, social media, or otherwise that promotes or advertises a cause, opinion, money-making opportunity, or the like that the recipient did not specifically request from the sender (“Spam”). All commercial email messaging must comply with Federal, State, and Local law, such as, without limitation, the CAN-SPAM Act (See: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business). These communications do not necessarily have to pass through the Service’s email infrastructure – they only need to originate from a Service user (“User”).
4.1. Fybe maintains a zero-tolerance policy on Spam for its Service and may, without prior notice, take immediate action against users violating this AUP.
4.2. The Service may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communications may not direct the recipient to any website or other resource that uses the Service, and the User may not reference the Service in the header or by listing an IP address associated with the Service in any unsolicited communication, even if that communication is not sent through the Service or its infrastructure.
4.3. Users may not send any type of communication to any individual who has indicated they do not wish to receive messages from them. Continuing to send email messages to anyone who has expressly requested not to receive email from a User is considered to be harassment. Customer is responsible for maintaining confirmed opt-in records and must provide them to Fybe upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.

5. NO SYSTEM DISRUPTION. Customer will not use, or allow others to use, the Service to disrupt, degrade, or otherwise adversely affect Fybe’s network or computer equipment owned by Fybe or other Fybe customers.

6. SECURITY/ABUSABLE RESOURCES. Customer is solely responsible for the security of any device connected to the Service, including any data stored on that device. Customer shall take all necessary steps to avoid actions that result in the abuse of the Service. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from Fybe, Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.

7. 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 without prior authorization (“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.

8. NETWORK MANAGEMENT. Fybe utilizes a variety of network management practices consistent with industry standards to ensure that all of its Customers have a high-quality online experience. These practices are undertaken without regard to the source, destination, content, application, or service, and are designed to protect Customers from activities that can unreasonably burden Fybe’s network or compromise security. Fybe’s online network is a bidirectional network, the proper management of which is essential to promote the use and enjoyment of the Internet by all Customers. Fybe monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity as necessary. Refer to Fybe’s Internet Standards, Terms and Conditions, and Transparency Disclosure for more information.

9. VIRUSES. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, and denial of service attack bots. Fybe will take appropriate (as determined in Fybe’s sole discretion) action against a Customer infected with computer viruses or worms to prevent further spread.

10. ENFORCEMENT. Fybe reserves the right to investigate violations of this AUP, including the gathering of information from the Customer or its Users and the complaining party, if any, and the examination of material on Fybe’s servers and network. Fybe prefers to advise Users of AUP violations and any necessary corrective action but, if Fybe, in its sole discretion, determines that a User has violated the AUP, Fybe will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, service restrictions, or termination of service. Customer understands and agrees Fybe is not liable for any such responsive action and these actions are not exclusive. Fybe may take any other legal or technical action it deems appropriate.

11. NO WAIVER. The failure by Fybe or its affiliates to enforce any provision of this AUP at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.

12. REVISION TO AUP. Fybe reserves the right to update or modify this AUP 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 this AUP. Notice of modifications to this AUP may be given by posting such changes to this document on its website, by email, or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit Fybe’s website and review this AUP to ensure that their activities conform to the most recent version. In the event of a conflict between any customer or customer agreement and this AUP, the terms of this AUP will govern. Questions regarding this AUP should be directed to info@gofybe.com.

FYBE RESERVES THE RIGHT, AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF THE SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE AUP, INFRINGES UPON FYBE’S OR A THIRD PARTY’S RIGHTS, IS UNLAWFUL, INTERFERES WITH FYBE’S SYSTEMS OR NETWORK OR THE INTERNET CONNECTIVITY OR OTHERS’ USE OF THE SERVICE.