FASTWYRE NOW POWERED BY SWYFT FIBER ACCEPTABLE USE POLICY

Introduction

Fastwyre now powered by Swyft Fiber is pleased that you have chosen Fastwyre now powered by Swyft Fiber services. Our goal is to provide you with a high-quality Internet experience. This Acceptable Use Policy (“AUP”) defines acceptable and prohibited practices relating to the use of Fastwyre now powered by Swyft Fiber’s network, websites, systems, facilities, products and services (collectively, “Services”) by Fastwyre now powered by Swyft Fiber customers and by users that have gained access to the Services through customer accounts (collectively, “Users”). This AUP has been designed to protect the Services, Users, and the Internet community from inappropriate, illegal, or otherwise objectionable activities, and to promote the integrity, security, reliability, and privacy of the Services. Please read this AUP prior to accessing or using the Services. All Users of the Services are required to comply with the terms of this AUP, the applicable terms of any agreement with Fastwyre now powered by Swyft Fiber regarding the Services, the Fastwyre now powered by Swyft Fiber DMCA Policy, as well as any additional terms and policies referenced in the foregoing. Any violation of this AUP may result in the immediate suspension or termination of a User’s access to the Services or the User’s Fastwyre now powered by Swyft Fiber account.

By accessing or using the Services, each User consents to and agrees to be bound by this AUP. IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN, USER MUST IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY FASTWYRE NOW POWERED BY SWYFT FIBER CUSTOMER SERVICE DEPARTMENT TO TERMINATE THE ACCOUNT.

“Fastwyre now powered by Swyft Fiber” or “Fastwyre now powered by Swyft Fiber” or “our” refers to certain subsidiaries of American Broadband Holding Company authorized to provide the Services set forth herein in the state and locality in which such Services are being provided, in each case doing business as Fastwyre now powered by Swyft Fiber.

Prohibited Conduct

  • General. Users will not use the Services to transmit, distribute or store material in a manner that: (a) violates any applicable law or regulation; (b) may adversely affect the Services or Users; (c) may expose Fastwyre now powered by Swyft Fiber to criminal or civil liability or (d) violate, infringe upon or otherwise misappropriate any third party rights, including intellectual property rights, rights of publicity and privacy rights. Users are prohibited from facilitating the violation of any part of this AUP or applicable third-party policies, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s policy.
  • Inappropriate Content. Users will not use the Services to transmit, distribute or store material that Fastwyre now powered by Swyft Fiber reasonably determines is inappropriate, obscene, indecent, defamatory, libelous, tortious, threatening, abusive, hateful, or excessively violent. Users will also not use the Services to host terrorist-related web sites, including sites that advocate human violence and hate crimes based upon religion, ethnicity, or country of origin.
  • Intellectual Property. Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users will not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If a domain name is used with any of the Services, it may not be used in violation of the trademark, service mark, or other rights of any third party.
  • Harmful Content. Users will not use the Services to transmit, distribute or store material that may be harmful to or interfere with the Services or any third party’s networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, root kits, password crackers, adware, and key stroke capture programs.
  • Fraudulent/Misleading Content. Users will not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
  • Email and Unsolicited Messages. Users will not use the Services to (i) transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints, and (ii) send e-mail messages which are excessive or intended to harass or annoy others (“Spam”). Further, Users are prohibited from using the service of another provider to send Spam to promote a site hosted on or connected to the Services. In addition, Users will not use the Services to (a) continue to send e-mail messages to a recipient that has indicated that such person or entity does not wish to receive them, (b) send e-mail with forged TCP/IP packet header information, (c) send malicious e-mail, including, without limitation, “mail-bombing”, (d) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (e) use an e-mail box exclusively as a storage space for data.
  • Third Party Rules; Usenet. Users will not use the Services in violation of the rules, guidelines or agreements associated with search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services.
  • Inappropriate Actions. Users will not use the Services to conduct activities that may be harmful to or interfere with the Services, a User’s terminal session or any third party’s networks, systems, services, or websites. Users will not engage in any activities designed to harass, or that will preclude or interfere with the use of Service (e.g., synchronized number sequence attacks) by any other User on the Fastwyre now powered by Swyft Fiber network or on another provider’s network. In addition, Users will not use the Service (a) by any means or device to avoid payment; (b) to access User’s account or Services after User has terminated User’s account; (c) on behalf of persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org; or (d) to engage in phishing activities. Users will not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet.
  • Illegal Use: Customer will not use the Services in a manner that constitutes illegal activities, including but not limited to, death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, HYIP or Ponzi schemes, invasion of privacy, credit card fraud, racketeering, defamation, slander, child pornography and violations of the Child Protection Act of 1984, or any other applicable law.
  • Security Breaches and Obligations. Users are prohibited from violating or attempting to violate the security of the Services or the computers, accounts, or networks of another party, including but not limited to, circumventing the user authentication or security of any host, network or account. Users will not use the Services to cause security breaches or disruptions of Internet communication or connectivity. Security breaches include, but are not limited to, accessing data, accounts or systems without authorization or logging into a server or account that the Customer is not expressly authorized to access and denial of service attacks. Disruptions include port scans, flood pings, email-bombing, packet spoofing, IP spoofing, forged routing information. Customer must use reasonable care in keeping its software on the Fastwyre now powered by Swyft Fiber’s servers up-to-date and patched with the latest security updates.
  • IP Allocation. Users are prohibited from using IP addresses not originally allocated for use or on unassigned VLANs or servers. All IP Addresses are currently owned and registered to Fastwyre now powered by Swyft Fiber and are non-transferable. Customer retains no ownership or transfer rights.

Rights of Fastwyre now powered by Swyft Fiber

  • Fastwyre now powered by Swyft Fiber may suspend or terminate Service of any User which Fastwyre now powered by Swyft Fiber believes has violated any element of this AUP. Fastwyre now powered by Swyft Fiber will suspend Service for violation of the AUP on the most limited basis as Fastwyre now powered by Swyft Fiber determines is reasonably practical under the circumstances to address the underlying violation. Fastwyre now powered by Swyft Fiber will attempt to notify Users via email or other method prior to suspending Service for violation of the AUP; provided, however, Fastwyre now powered by Swyft Fiber may suspend Service without notice if Fastwyre now powered by Swyft Fiber becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP that exposes Fastwyre now powered by Swyft Fiber to criminal or civil liability or that exposes the Fastwyre now powered by Swyft Fiber network or Fastwyre now powered by Swyft Fiber customers’ network or property to harm. Such harm to a network may include, but is not limited to, risk of having an IP address placed on blacklists. Fastwyre now powered by Swyft Fiber may take such further action as Fastwyre now powered by Swyft Fiber determines to be appropriate under the circumstances to eliminate or preclude repeat violations.
  • Fastwyre now powered by Swyft Fiber reserves the right to take down any material―or otherwise block access thereto―created or accessible on or through the Services and suspend or terminate any User creating, storing or disseminating such material where Fastwyre now powered by Swyft Fiber becomes aware that the material violates this AUP or exposes Fastwyre now powered by Swyft Fiber to civil or criminal liability, including without limitation, under applicable copyright laws. Fastwyre now powered by Swyft Fiber reserves the right to avail itself to the safe harbor provisions of the Digital Millennium Copyright Act.
  • Users are responsible for configuring their own systems to provide the maximum possible accountability. Fastwyre now powered by Swyft Fiber is not liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Fastwyre now powered by Swyft Fiber. For example, Users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly as possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
  • Fastwyre now powered by Swyft Fiber reserves the right to cooperate with legal authorities and third parties in the investigation of any alleged wrongdoing related to this AUP, including the disclosure of the identity of the User that Fastwyre now powered by Swyft Fiber deems responsible for the wrongdoing. Fastwyre now powered by Swyft Fiber will not be liable for any damages of any nature suffered by any User, or any third party resulting in whole or in part from Fastwyre now powered by Swyft Fiber’s exercise of its rights under this AUP.
  • Fastwyre now powered by Swyft Fiber reserves the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Service. By accepting and using the Service, Users consent to allowing Fastwyre now powered by Swyft Fiber to collect service information and routing information in the normal course of our business, and to use such information for general business purposes. Users may not use the Service to monitor any data, information or communications on any network or system without authorization. Users may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
  • In most cases, Fastwyre now powered by Swyft Fiber will notify Users of complaints received by Fastwyre now powered by Swyft Fiber regarding an alleged violation of this AUP. Users agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. Fastwyre now powered by Swyft Fiber may inform the complainant that Users are investigating the complaint and may provide the complainant with the necessary information to contact Users directly to resolve the complaint. Users will identify a representative for the purposes of receiving such communications.

Modifications

Fastwyre now powered by Swyft Fiber reserves the right to modify this AUP in its discretion at any time. Such Modifications will be effective upon posting, and use of the Services after such posting constitutes acceptance of the modifications.

Responsibility for Content

Fastwyre now powered by Swyft Fiber takes no responsibility for any material created or accessible on or through the Services and will not exercise any editorial control over such material. Fastwyre now powered by Swyft Fiber is not obligated to monitor such material but reserves the right to do so.

How to Contact Fastwyre now powered by Swyft Fiber

For any questions regarding this AUP or complaints of violations, please contact Fastwyre now powered by Swyft Fiber at:

abuse@localhost

For Customer Service, please contact Fastwyre now powered by Swyft Fiber at (855) 804-8990.