SpiraLight Network, LLC.

Acceptable Use Policy

Acceptable Use Policy – SpriaLight Network, LLC

Policy Introduction

Unlike in the area of regulated common carrier services, certain activities of Customers and Users of Internet services including hosting (collectively referred to herein as “IP related services”) may expose providers of those services, such as SpiraLight LLC to claims of civil or criminal liability or other legal sanctions. These activities may also disrupt or degrade SpiraLight LLC’s IP related Services. Moreover, because of various techniques used in the industry (including blocking, filtering and blacklisting) these activities may impair SpiraLight LLC’s ability to interconnect with other IP related Service providers. These activities may relate to the content stored by Customers or Users, to content of the messages transmitted by Customers or Users or to the nature of the transmissions themselves, such as sending large numbers of unsolicited messages, such as spam. While SpiraLight LLC does not normally monitor the stored content or transmissions of its Customers, we must be able to respond to complaints by governmental authorities, affected parties and other Internet Service Providers. SpiraLight LLC has adopted this “Acceptable Use Policy” (“AUP”) in an attempt to balance interference or risk of harm arising from its Customers’ use of SpiraLight LLC’s IP related Products and Services with the interests of those who may be affected by such use. This AUP may change from time to time; any such changes will be posted at this site and shall be applied prospectively only.

AUP Coverage

The AUP applies to all Customers and Users of SpiraLight LLC’s IP related Products and Services as they apply to all broadband and mobility customers. If a Customer violates the AUP, SpiraLight LLC may, depending on the nature and severity of the violation, suspend or terminate your service, as provided below. If a User (other than a Customer) violates the AUP, SpiraLight LLC may suspend service for so long as necessary for steps to be taken which, in SpiraLight LLC’s reasonable judgment, will prevent the violation from continuing or reoccurring.

Notice

When feasible, SpiraLight LLC shall provide Customers with written notice via e-mail or otherwise of an AUP violation so that such violation may be corrected without impact on service. SpiraLight LLC, reserves the right, however, to act immediately and without notice to suspend or terminate service in response to a court order or government notice that certain conduct must be stopped or when SpiraLight LLC reasonably determines: (a) that it may be exposed to sanctions or prosecution; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of SpiraLight LLC’s network or networks with which SpiraLight LLC is interconnected or interfere with another Customer’s use of SpiraLight LLC Products and Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to SpiraLight LLC or SpiraLight LLC’s Customers or their respective employees.

Prohibited Actions

SpiraLight LLC is committed to remaining in compliance with laws and regulations governing use of mobility, internet and e-mail transmissions and to preserving for all of its Customers the ability to use our network and the Internet without interference or harassment from other users. SpiraLight LLC prohibits use of its IP related Services in any ways that are unlawful, interfere with use of the SpiraLight LLC network or the Internet, infringe intellectual property rights, result in the publication using SpiraLight LLC’s Services of threatening or offensive material, constitute Spam/E-mail/Usenet abuse, or present security or privacy risks.

Unlawful Activities and Inappropriate Use

SpiraLight LLC IP related Services shall not be used in connection with any criminal or civil violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Fraudulent behavior is strictly prohibited, will result in deactivation, and may also be referred to the appropriate criminal authorities for prosecution. SpiraLight LLC may determine, in our sole discretion, inappropriate usage of accounts provided under this AUP and the privilege may be revoked at our sole discretion. Should this occur, you will be informed in writing, via email or otherwise, of this action. In emergencies and as otherwise stated herein, revocation of privileges may be implemented prior to notification of the user. SpiraLight LLC reserves the right to block the receipt or transmission of any email that SpiraLight LLC reasonably believes is or will be sent in violation of law or this AUP.

Interference

SpiraLight LLC’s Products and IP related Services shall not be used in a manner that interferes with any other communications network or the usage or enjoyment of services received by others.

Offensive or Threatening Material or Content

SpiraLight LLC Products and IP related Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, pornographic, hateful, malicious, racist, defamatory, libelous, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to SpiraLight LLC’s network or to the network of any other IP related Service provider.

Spam/E-mail/Usenet Abuse

Spam E-mail is prohibited on SpiraLight LLC’s Products and IP related Services. Examples of Spam E-mail include but are not limited to the following activities:

• using another site’s mail server to relay mail without the express permission of the site;
• using IP addresses that the Customer does not have a right to use;
• collecting the responses from unsolicited electronic messages;
• maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
• sending electronic messages with petitions for signatures, or any chain mail related materials;
• sending unsolicited electronic messages with charity requests;
• sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Spiralight Network,
. LLC IP related Services or the Internet (e.g., through language, frequency, size or otherwise);
• sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving
additional messages from the sender;
• sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
• distributing or using software designed to promote the sending of unsolicited bulk electronic messages;
• using distribution lists containing addresses that include those who have opted out;
• posting a single message, or messages similar in content, that could reasonably be expected to provoke complaints, to more than 10 online forums or newsgroups;
• posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information; and
• sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the Spiralight Network, LLC network or of the networks with which Spiralight Network, LLC interconnects.

Security Violations

SpiraLight LLC Products and IP related Services may not be used to interfere with, to gain unauthorized access to or otherwise violate the security of SpiraLight LLC’s or another’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of security violations include but are not limited to:

• intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
• attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access or control devices, software or data (except in the case of authorized legitimate network security operations);
• using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
• distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
• falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin; and
• distributing viruses, worms, trojan horses or other harmful software.

Monitoring

Individuals using the Services are subject to having all activities on any SpiraLight LLC website monitored by system or security personnel. Use of the Services constitutes consent to system and security monitoring. Information derived from system and security monitoring may be used as a basis for administrative, disciplinary, or criminal proceedings. If you do not consent to monitoring, exit this system now. The terms and conditions of this AUP apply while you are accessing or using the Services and remain in effect thereafter, subject to amendments by us from time to time. In the event that you are no longer entitled to or access your SpiraLight LLC services, or any SpiraLight LLC website, provisions relating to intellectual property, accuracy of information and appropriate use will survive thereafter.

Disclaimer of Warranties

SpiraLight LLC makes no representation or warranty relating to the functionality or condition of the SpiraLight LLC websites or services, the suitability for use or that use of the Services will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THE WEBSITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. SPIRALIGHT NETWORK, LLC AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING OUT OF A COURSE OF DEALING OR USAGE IN THE TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.

Limitation of Liability

SpiraLight LLC aggregate liability, if any, for loss or damages relating to or arising out of this AUP or the Services, whether in contract, tort or otherwise, will not exceed the lesser of actual damages or the charges paid by you for this Service for a period of two months. In NO event will SpiraLight LLC be liable for special, punitive, incidental, indirect, or consequential damages, including without limitation any damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with this AUP, any SpiraLight LLC website, the Services, or any materials protected by trade secrets or other intellectual property laws.

Privacy Policy

SpiraLight, LLC – “Opt Out” Notice Customer Proprietary Network Information (CPNI) – SpiraLight LLC (“SpiraLight”) provides certain telecommunications services to you. In doing so, we may each collect certain information that is made available to us solely by virtue of our relationship with you, such as quantity, technical configuration, type, destination, location and usage of the telecommunications services you purchase. This information and related billing information is known as Customer Proprietary Network Information (CPNI). You have a right to the protection of your CPNI and it is SpiraLight responsibility to protect it. CPNI does not include your published directory information or any information that is in the public domain such as your name, address or telephone number. Use of CPNI is subject to federal laws and regulations with which SpiraLight is required to comply. The Federal Communications Commission (FCC) requires SpiraLight to notify its customers of their additional rights to restrict the use of their CPNI. CPNI can be used for certain purposes without the customer’s permission. CPNI may be used by SpiraLight to offer you additional services that are related to the services you currently subscribe to or to respond to your inquiry regarding services you purchase from SpiraLight. CPNI may also be used for functions related to billing and collection, repair, maintenance and to prevent fraud. SpiraLight will not disclose your CPNI to unaffiliated third parties without your prior consent. SpiraLight is sending you this notification regarding your CPNI rights because we need your consent to use this information to provide you with marketing information for additional communications services that we or our affiliates may offer you in the future. You need to respond to SpiraLight only if you wish to “opt out” of granting us permission to use your CPNI by sending notice to us at billing@spiralightnetwork.com. If you have not notified us in writing within 30 days of the date set forth in this service agreement of your desire to “opt out”, SpiraLight and its affiliates will be authorized to use your CPNI for additional marketing purposes. You may withdraw this consent and “opt out” at any time by notifying us in writing at the same email address as noted above. “Opting out” will not affect the services you currently receive from SpiraLight.

Customer Responsibilities

Customers remain solely and fully responsible for their content. Customers are responsible for maintaining the basic security of their systems, including implementation of necessary patches and operating systems updates, to prevent use by others in a manner that violates this AUP. Examples of failure to provide basic security include, but are not limited to, improperly securing a mail server so that it may be used by others to distribute Spam or improperly securing an FTP server so that it may be used by others to illegally distribute copyrighted material. Customers are responsible for taking corrective actions on vulnerable or exploited systems to prevent abuse.

Incident Reporting

Any complaints regarding the violation of this AUP by a SpiraLight LLC Customer or user should be directed to the designated agent listed below. Where possible, include details that would assist SpiraLight LLC in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).