1. This is the Enhanced Communications of Northern New England Inc. d/b/a FairPoint Long Distance and FairPoint Internet (hereinafter "Service Provider") Business Services policy on the acceptable use of the Dedicated Internet Access Service ("Service"). Your use of the Services indicates your acceptance of and agreement to abide by this Acceptable Use Policy. It is designed to help protect the Service, Service Provider customers and the Internet community, from irresponsible or illegal activities. Service Provider may modify this Acceptable Use Policy from time to time. In the event of any inconsistency between Service Provider Acceptable Use Policy and the terms of any service agreement, this Acceptable Use Policy shall govern and control.
2. Service Provider reserves the right to deny Service to you, or immediately to terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of Service Provider:
(a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature;
(b) espouses, promotes or incites bigotry, hatred, terrorism or racism;
(c) may be legally actionable for any reason;
(d) in any manner violates the terms of this Acceptable Use Policy;
(e) in any manner violates, or causes Service Provider to violate, the Acceptable Use Policy of any upstream provider of service.
3. You may NOT use the Service as follows:
(a) for any purpose or activity in violation of federal, state or local law or regulation;
(b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred, terrorism or racism; or which might be legally actionable for any reason;
(c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of Service Provider or any other entity, or to attempt to penetrate or penetrate security measures of Service Provider or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data;
(d) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet;
(e) to damage the name or reputation of Service Provider, its parent, affiliates and subsidiaries, or any third parties;
(f) to transmit confidential or proprietary information, except solely at your own risk;
(g) to violate Service Provider or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights;
(h) to use more than one IP address obtained from Service Provider unless you have purchased multiple Static IP Addresses from Service Provider;
(i) to engage in activities designed to or having the effect of degrading or denying Service to Service Provider users or others (including activities that compromise a server, router, circuit, software or other Internet component;
(j) to use any name or mark of Service Provider , its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner;
(k) to use the Service to operate a server in a manner that interferes with the network or other users' use of the Service in any manner;
(l) to use the Service or the Internet in a manner intended to threaten, harass, intimidate or terrorize;
(m) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet;
(n) to make false or unverified complaints against any Service Provider subscriber, or otherwise abusing any of Service Provider complaint response procedures;
(o) to export software or any information in violation of US export laws;
4. You may not use the Service or any Equipment or Software provided by Service Provider:
(a) to send e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, except to those who have requested such e-mails via a confirmed opt-in subscription process maintained by You;
(b) to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from You;
(d) to conduct "mail bombings" (e.g., to send more than ten copies of the same or substantially similar message, or to send very large messages or files, with the intent of disrupting a server or account);
(e) to send or forward make-money-fast schemes or chain/pyramid letters (whether or not the recipient requests it);
(f) to harvest e-mail addresses or personal information of other Service Provider subscribers or the subscribers of any other network; or
(g) to use another Internet site's mail server to relay mail without the express permission of the owner of that Internet site.
(h) to use e-mail or the internet in violation of federal law or the rules of the Federal Communications Commission.
5. Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access is provided to Internet access customers of Service Provider through the Service Provider network. Service Provider Usenet may not be accessed via any other network. You may open no more than five simultaneous connections to newsgroups at any one time. You may not rapidly open and close or create connections for users other than yourself (our Subscriber). Service Provider will carry newsgroups at their sole discretion. Requests to add a newsgroup, from any source, will be evaluated on a case-by-case basis and added at Service Provider's sole discretion. You must familiarize yourself with the subjects and established guidelines and restrictions of any newsgroup in which you participate and we reserve the right, in our sole discretion, to terminate your Service in the event you violate newsgroup guidelines or restrictions.
6. Copyright Infringement/Repeat Infringer Policy. Service Provider respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Service Provider ' systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Service Provider to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where
(i) a Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer,
(ii) where a valid, effective and uncontested notice has been provided to Service Provider alleging facts which are a violation by the Subscriber or account holder of Service Provider Copyright Policy prohibiting infringing activity involving Service Provider systems or servers, or
(iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Service Provider expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Service Provider, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Service Provider may have under law or contract.
7. You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify Service Provider if you become subject to any such order.
8. You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with Service Provider and provide requested information in connection with all security and use matters. You agree to notify Service Provider promptly if you suspect unauthorized use of the Service or of your UserID. Service Provider reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Service Provider network.
9. Service Provider may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.