Users of electronic tariffs should note, however, that such tarrifs are not the official documents, and users assume responsibility for reliance upon tariffs in electronic format.
Acceptable Use Policy
- Prohibited Uses and Activities - Conduct and information restrictions
- Customer Conduct and Features of the Service
- Network Management
- Data Consumption
- Violation of this Acceptable Use Policy
- Copyright
Why is FSN providing this Policy
to me?
FSN's goal is to provide its customers with the best Internet
service possible. In order to help accomplish this, FSN has adopted this Acceptable Use Policy (the "Policy").
This Policy outlines acceptable use of FSN High-Speed Internet service, including FSN-provided WiFi Internet
service (collectively, the “Service”). This Policy is in addition to any other restrictions contained in any
applicable terms and conditions or other agreements for Service. All capitalized terms used in this Policy that
are not defined here have the meanings given to them in the Service Agreement(s).
All FSN High-Speed Internet customers and all others who use the Service (the "customer," "user," "you," or "your")
(all of which mean you in your individual capacity and your business if you have a business account) must comply with
this Policy. Your failure to comply with this Policy could result in the suspension or termination of its Service account.
In these cases, termination or other charges may apply. If you do not agree to comply with this Policy, you must immediately
stop all use of the Service and notify FSN so that it can close your account.
Does this Policy apply to my use of FSN
WiFi-identified services inside and outside of my premises and in public places?
This Policy applies to your use of the Service if you are an FSN High-Speed Internet
customer who accesses FSN-provided, FSN WiFi-identified services inside or outside of your premises or in public places using an
FSN login and password.
How will I know when FSN changes this Policy and how
will it report violations of this Policy?
FSN may revise this Policy from time to time. For a copy of this document, please call
888-347-6000. FSN will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending email
announcements or posting information on the FSN web site. Revised versions of this Policy are effective immediately upon posting.
Accordingly, customers of the Service should read any FSN announcements they receive and regularly visit the FSN web site and review
this Policy to ensure that their activities conform to the most recent version. You can send questions regarding this Policy to, and
report violations of it to FSN at our address shown on the bottom of this page. To report a child exploitation incident involving the
Internet, please immediately call 888-327-9115.
I.
Prohibited Uses and Activities - Conduct and information restrictions
What uses and activities does FSN prohibit?
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others,
or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities
include, but are not limited to, using the Service, Customer-Provided Equipment, or the FSN Equipment, either individually or in
combination with one another, to:
Conduct and information restrictions
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting
or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the
intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a
criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be
unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software
or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining
any required permission of the owner;
- transmit unsolicited bulk or commercial messages commonly known as "spam";
- send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain
no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar
service
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others
(without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including
"spyware") designed to facilitate this activity;
- collect responses from unsolicited bulk messages;
- use IRC (Internet Relay Chat) or other chat services or tools to flood chats, establish more than two (2) concurrent
chat connections per device at any time, or use unattended clones, bots, or other automated programs to engage in chats;
- falsify, alter, or remove message headers;
- falsify references to FSN or its network, by name or other identifier, in messages;
- impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature,
or perform any other similar fraudulent activity (for example, "phishing");
- violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service,
application, system, or web site that you access or use;
Technical restrictions
- access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach
the security of another user or system; or 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 is not expressly authorized to access,
or probing the security of other hosts, networks, or accounts without express permission to do so;
- use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password
guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan
Horse programs. Unauthorized port scanning is strictly prohibited;
- copy distribute, or sublicense any proprietary software provided in connection with the Service by FSN or any third party, except that you
may make one copy of each software program for back-up purposes only;
- distribute programs that make unauthorized changes to software (cracks);
- service, alter, modify, or tamper with the FSN Equipment or Service or permit any other person to do the same who is not authorized by
FSN;
Network and usage restrictions
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or
enjoy the Service (except for tools for safety and security functions or tools implementing authorized internal business policies), including, without
limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic
sufficient to impede others' ability to use, send, or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge,
to the Service or any FSN (or FSN supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any FSN (or FSN
supplier) facilities used to deliver the Service;
- make the Service available to anyone other than you or you' authorized employees, contractors, or users (i.e. members of the public, customers
of an establishment, hotel or motel guests and patrons, or persons in a residence hall or apartment building) unless done with FSN's written approval in accordance
with an applicable Agreement;
- resell the Service or otherwise make available to anyone outside the Service Location(s) the ability to use the Service (for example, through WiFi
or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by the applicable Agreement;
- connect the FSN Equipment to any computer outside of you' Service Location(s);
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service
attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to "crash" a host;
- interfere with FSN's ability to control or block ports for safety and security purposes and as part of its overall network
management;
- interfere with FSN's use and control of its domain name server ("DNS") used in connection with the Service; and
- accessing and using the Service with anything other than a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration
protocol ("DHCP"), unless DHCP is expressly permitted by the applicable Agreement.
II.
Customer Conduct and Features of the Service
What obligations does my business
have under this Policy?
In addition to being responsible for its own compliance with this Policy, you is also responsible for any use or misuse of the
Service that violates this Policy, even if it was committed by an employee, contractor, customer, or guest with access to you' Service account. Therefore, you must take
steps to ensure that others do not use you' account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of all Service
logins and passwords. In all cases, you is solely responsible for the security of any device it chooses to connect to the Service, including any data stored or shared on
that device. In addition, you is solely responsible for securing access to any FSN Business Portal or other feature that provides administrative and account management-related
features for you’ Service account.
It is also you' responsibility to secure the Customer-Provided Equipment and any other Service Location(s) equipment or programs
not provided by FSN that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.
How does FSN address inappropriate content and transmissions?
FSN reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to
be in violation of Sections I or II of this Policy, or otherwise harmful to FSN's network or customers using the Service, regardless of whether this material or its
dissemination is unlawful so long as it violates this Policy. Neither FSN nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or
postings (including, but not limited to, email, file transfer, blog, newsgroup, and instant message transmissions as well as materials available on online storage features
such as websites and servers) made on the Service. However, FSN and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time
to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, the Agreement, and applicable law.
What requirements apply to
electronic mail?
The Service may not be used to communicate or distribute email or other forms of communications in violation of Section I in this
Policy. As described below in Section III of this Policy, FSN uses reasonable network management tools and techniques to protect customers from receiving spam and from sending
spam (often without their knowledge over an infected computer).
FSN is not responsible for deleting or forwarding any email sent to the wrong email address(es) by you or by someone else trying to
send email to you or its employees, contractors, or users. FSN is also not responsible for forwarding email sent to any account that has been suspended or terminated. This email
will be returned to the sender, ignored, deleted, or stored temporarily at FSN's sole discretion. In the event that a Service account is terminated for any reason, all e-mail
associated with that account (and any secondary accounts) that is hosted by or at the direction of FSN will be permanently deleted as well.
In the event that FSN believes in its sole discretion that any subscriber name, account name, or email address (collectively, an
"identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, FSN (i) reserves the right to block
access to and prevent the use of any of these identifiers and (ii) may at any time require any customer to change his or her identifier. In addition, FSN may at any time
reserve any identifiers on the Service for FSN's own purposes. In the event that a Service account is terminated for any reason, all email associated with that account (and
any secondary accounts) will be permanently deleted as well.
FSN helps protect its customers from viruses and other unwanted content and programs included in emails. FSN's email servers and
other systems employ various virus detection and prevention tools that it updates frequently to respond to the latest threats on the Internet. These tools will automatically
remove viruses and other unwanted material from emails whenever possible. This applies both to emails you sends as well as to emails you receives. FSN's systems also may scan
all incoming and outgoing email traffic over the Service using automated tools applying recognized and commonly used techniques for identifying and blocking spam and other
unwanted or harmful code or content.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. FSN assumes no responsibility for
the timeliness, mis-delivery, deletion, or failure to store these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio
messages associated with that account (and any secondary accounts) will be permanently deleted as well.
What requirements apply to web
hosting services?
As part of the Service, FSN may provide various web hosting services that you can subscribe to and which include, among other features, domain name hosting, website hosting,
file storage, and file transfer (collectively, the " Web Hosting Services"). You is solely responsible for any information that it or others publish or store on the Web Hosting
Services. You is also responsible for ensuring that all content made available through the Web Hosting Services is appropriate for those who may have access to it. For example,
you must take appropriate precautions to prevent minors from receiving or accessing inappropriate content. FSN reserves the right to remove, block, or refuse to post or store
any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of Section I in this Policy. For purposes of this Policy, "material"
refers to all forms of communications including text, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings,
and audio recordings. FSN may remove or block content contained on you' Web Hosting Services and terminate its Web Hosting Services and/or you' use of the Service if we determine
that you has violated the terms of this Policy.
What requirements apply to my business' Service account Internet reputation?
FSN provides the Service for your use. Most everything you does using the Service will be directly attributable to it and affect its reputation. However, because FSN provides
the systems to deliver the Service, there are some things that you can do using the Service that are directly attributable to FSN and affect its reputation. Most obviously,
if you uses the Service to send spam (or what spam reporting services or recipients classify as spam) or uses the Web Hosting Services for an improper purpose such as phishing,
these activities may affect FSN's reputation because of its ownership of the IP addresses associated with the Service. Of course, these activities also violate this
Policy.
FSN reserves the right to suspend or terminate Service accounts when you' use of the Service or any of its features, such as Web
Hosting Services, negatively impacts FSN's reputation as determined in its sole discretion. For example, any use of the Service or its features that results in you' Service
account, or any associated FSN information, being listed on, for example, spam reporting web sites such as Spamhaus, SBL, ROKSO, TrendMicro Maps, or SenderScore Blocklist,
or anti-phishing or anti-spyware services, may result in FSN suspending or terminating you' Service account. In these situations, FSN prefers to work directly with you to
address the problems causing the harm to FSN's reputation so that they do not happen again.
III.
Network Management
Why does FSN manage its network?
FSN manages its network with one goal: to deliver the best possible broadband Internet experience to all of its customers. High-speed bandwidth and network resources are
not unlimited. Managing the network is essential as FSN works to promote the use and enjoyment of the Internet by all of its customers. The company uses reasonable network
management practices that are consistent with industry standards. FSN tries to use tools and technologies that are minimally intrusive and, in its independent judgment
guided by industry experience, among the best in class. Of course, the company's network management practices will change and evolve along with the uses of the Internet
and the challenges and threats on the Internet.
The need to engage in network management is not limited to FSN. In fact, all large Internet service providers manage their
networks. Many of them use the same or similar tools that FSN does. If the company didn't manage its network, its customers would be subject to the negative effects of
spam, viruses, security attacks, network congestion, and other risks and degradations of service. By engaging in responsible network management including enforcement
of this Policy, FSN can deliver the best possible broadband Internet experience to all of its customers.
How does Full Service Network manage
its network?
FSN uses various tools and techniques to manage its network, deliver the Service, and ensure compliance with this Policy and the Agreement. These tools and techniques
are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i) identifying spam and
preventing its delivery to customer email accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or
content, and (iii) using other tools and techniques that FSN may be required to implement in order to meet its goal of delivering the best possible broadband Internet
experience to all of its customers.
Does FSN prioritize traffic?
Yes but only in one very limited case and that is: If you purchase voice services from us we will prioritize your voice traffic for you, to the extent practical,
over your data traffic across our network.
IV.
Data Consumption
Are there restrictions on data consumption that apply to the Service?
FSN reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical commercial user of the Service as determined
by the company in its sole discretion, or where it exceeds published data consumption limitations. Common activities that may cause excessive data consumption in
violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer
protocol ("FTP"), (ii) peer-to-peer applications, and (iii) user generated content sites. You must also ensure that its use of the Service does not restrict, inhibit,
interfere with, or degrade any other person's use of the Service, nor represent (as determined by FSN in its sole discretion) an overly large burden on the network.
In addition, you must ensure that its use of the Service does not limit or interfere with FSN's ability to deliver and monitor the Service or any part of its
network.
If you uses the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, FSN may, in its sole discretion, suspend
or terminate you' Service account or request that it subscribe to a different version of the Service if it wishes to continue to use the Service at higher data consumption
levels. FSN may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Agreements.
FSN's determination of the data consumption for Service accounts is final.
V.
Violation of this Acceptable Use Policy
What happens if you violate this
Policy?
FSN reserves the right immediately to suspend or terminate you' Service if it violates the terms of this Policy or the
Agreement.
How does FSN enforce this Policy?
FSN does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for
determining aggregate data consumption in connection with the data consumption provisions of this Policy. However, in the company's efforts to promote good
citizenship within the Internet community, it will respond appropriately if it becomes aware of inappropriate use of the Service. FSN has no obligation to
monitor the Service and/or the network. However, FSN and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content in
order to, among other things, operate the Service; identify violations of this Policy; and/or protect the network, the Service and FSN users.
FSN prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take
corrective action. FSN also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without
FSN's intervention. However, if the Service is used in a way that FSN or its suppliers, in their sole discretion, believe violates this Policy, FSN or its
suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to,
temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service.
Neither FSN nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not FSN's exclusive remedies and
FSN may take any other legal or technical actions it deems appropriate with or without notice.
FSN 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 FSN's servers and network. During an investigation, FSN may suspend the
account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorizes and consents to FSN and its suppliers
cooperating with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service
providers or other network or computing facilities in order to enforce this Policy. Upon termination of you' Service account, FSN is authorized to delete any files,
programs, data, email and other messages associated with you' account (and any secondary accounts).
The failure of FSN or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of
any right to do so at any time. You agrees 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.
You agree to indemnify, defend and hold harmless FSN and its affiliates, suppliers, and agents against all claims and
expenses (including reasonable attorney fees) resulting from any violation of this Policy. You' indemnification will survive any termination of the
Agreement.
VI.
Copyright
How does FSN communicate with customers about copyright?
FSN is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service
to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service (or any part of
the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. FSN
complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) that provides a process for copyright owners to communicate information about alleged
infringements to us, and for us to inform our customers about them. You may receive notices under the DMCA if a copyright owner identifies you’ Service account
as having been used in connection with acts of alleged copyright infringement.
What is FSN's DMCA policy?
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the DMCA
to report alleged infringements. It is FSN's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service
provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers,
or who FSN, in its sole discretion, believes is infringing these rights. FSN may terminate the Service at any time with or without notice for any affected
customer or user.
How do copyright owners report alleged infringements to FSN under the DMCA? Copyright owners may report alleged infringements of their works that are stored on the Service or the Web Hosting
Services by sending FSN's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon FSN's receipt of a
satisfactory notice of claimed infringement for these works, FSN will respond expeditiously to either directly or indirectly (i) remove the allegedly
infringing work(s) stored on the Service or the Web Hosting Services or (ii) disable access to the work(s). FSN will also notify the affected customer or
user of the Service of the removal or disabling of access to the work(s). Copyright owners may send FSN a notification of claimed infringement to report alleged infringements of their works
under the DMCA to the address shown at the bottom of this page Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of
Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be
liable to FSN, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of
allegedly infringing material. What can you do if it receives a DMCA notification of alleged infringement? If a notification of claimed infringement has been filed against you, it can file a counter notification with FSN's
designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright
Act. Revised and effective: January 1, 2015
If you receive a DMCA notification of alleged infringement as described above, and it believes in good faith that the allegedly infringing works have been
removed or blocked by mistake or misidentification, then you may send a counter notification to FSN. Upon FSN's receipt of a counter notification that satisfies
the requirements of the DMCA, FSN will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and
will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agrees that FSN will not be a party to any disputes
or lawsuits regarding alleged copyright infringement.
Copyright Notices
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