FIBERNET ACCEPTABLE USE POLICIES AND
TERMS OF SERVICE FOR INTERNET USERS

Persons obtaining access to the Internet through FiberNet or affiliated entities agree to the following terms governing Internet usage (these terms are referred to herein as FiberNet's "Acceptable Use Policy"). These terms are in addition to terms agreed to for other services procured from FiberNet.

1. NO RESPONSIBILITY FOR CONTENT
FiberNet's Internet access service (the "Service") provides access to the Internet; FiberNet has no responsibility for the content that you access through the Service and does not guarantee the accuracy, integrity or quality of such content; FiberNet assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings.

2. PRIVACY, EMAIL PASSWORD AND SECURITY
Information regarding your Internet usage that is available to FiberNet will be maintained in confidence except for disclosures required by law (e.g., a lawful subpoena), disclosures you agree to, disclosures of general information on usage that does not refer to the user's identity, and disclosures for billing, collection or enforcement purposes. If you obtain email through FiberNet, you will obtain a password to access your email. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FiberNet of any unauthorized use of your password or account or any other breach of security.

3. MEMBER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is solely responsible for all Content that Customer uploads, posts, emails or otherwise transmits via the Service. Customer acknowledges that in using the Service Customer may be exposed to Content that is offensive, indecent or objectionable. FiberNet shall have no responsibility or liability whatsoever for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
Customer agrees to not use the Service to:

a. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Is intended to or is likely to cause harm to minors;

c. Impersonate any person or entity, including, but not limited to, a FiberNet employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. Upload, post, email or otherwise transmit any Content that Customer does not have a right to transmit under any law or under contractual or fiduciary relationships (including, for example and without limiting the scope of this clause, proprietary and confidential information or information protected under nondisclosure agreements);

f. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or "pyramid schemes";

h. Upload, post, email or otherwise transmit messages of any type to mailing lists, “opt-in” lists, or any other recipient list obtained from a third party or where permission was not granted directly by the recipient to the sender in a clear and concise manor;

i. Use the Service to collect replies or responses from any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "pyramid schemes,” or anything which violates this acceptable use policy (including, for example and without limiting the scope of this clause, hosting websites, images, email accounts, email servers, or other electronic means used to collect responses, orders or to track receipt of messages which violate this AUP, even if message did not originate from this Service). Sending Spam can lead to industry blacklisting of business and mail servers, IP addresses and blocks, resulting in interruption and/or termination of Customer's Services;

j. Upload, post, email or otherwise transmit any material that contains malicious programs such as computer viruses, worms, Trojan horses, keyloggers, password or personal information collectors, analysis tools, network probing or scanning tools or similar computer code or materials designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

k. Engage in hacking, port scanning or any attempt to access any information, computer or network without proper authorization, including but not limited to accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks or accounts;

l. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Disrupt, degrade, harm or attempts to harm the FiberNet network or any of its services;

m. Intentionally or unintentionally violate any applicable local, state, federal or international law;

n. "Stalk" or otherwise harass another; or

o. Unlawfully collect or store personal data about other users.

4. INDEMNITY
Customer shall indemnify and hold FiberNet and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content submitted or transmitted by Customer through the Service, Customer's use of the Service, Customer's connection to the Service, Customer's violation of FiberNet's Acceptable Use Policy, Customer’s violation of local, state, federal or international law, or Customer's violation of any rights of another person or entity through use of the Service.

5. TERMINATION
FiberNet may, without notice to Customer, terminate Customer's access to the Service, Customer's email account(s), IP addresses or any other resource provided by FiberNet as part of the Service, if FiberNet believes that Customer has violated FiberNet's Acceptable Use Policy or acted inconsistently with the letter or spirit of FiberNet's Acceptable Use Policy. Customer also agrees that FiberNet shall not be liable to you or any third-party for any termination of Customer's access to the Service.

6. LIMITATION OF LIABILITY

FIBERNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIBERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

7. MISCELLANEOUS
If any provision of FiberNet's Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of FiberNet's Acceptable Use Policy shall remain in full force and effect. The section titles in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. FiberNet reserves the right in its sole discretion to amend, supplement or revise this Acceptable Use Policy from time-to-time.

Complaints regarding violations of this Acceptable Use Policy, or Network Security Issues should be sent to abuse@wvfibernet.net.