Marshall FiberNet
ACCEPTABLE USE POLICY
Contents
I. Introduction
II. Violation of this Acceptable Use Policy
III. Prohibited Uses and Activities
IV. Customer Conduct
V. Network Management
VI. Contact Information
This document, Marshall FiberNet Acceptable Use Policy (“AUP”), governs the use of internet related services provided by Marshall FiberNet. All contractual terms also apply.
I. INTRODUCTION
In this AUP, “Service(s)” refers to any internet related service you receive from Marshall FiberNet or its affiliates including but not limited to, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, or Unified Messaging. By using any Service you agree to abide by and be bound by the terms and conditions of this AUP. This AUP may be revised by – Marshall FiberNet at any time through a posting on the MFN website www.MarshallFiberNet.com
II. VIOLATION OF THIS ACCEPTABLE USE POLICY
Violation of this AUP may result in Marshall FiberNet taking actions ranging from a warning to a suspension of privileges or termination of Services. Marshall FiberNet may, but is under no obligation to: (i) provide you with advance notice of an AUP violation via e-mail or otherwise; or (ii) request that such violation be immediately corrected prior to taking action. Marshall FiberNet reserves the right to act immediately and without notice to suspend or terminate Services: (i) in response to a court order or other legal requirement that certain conduct be stopped; or (ii) when Marshall FiberNet determines, in its sole discretion that the conduct may:
· Expose Marshall FiberNet to sanctions, prosecution or civil action;
· Cause harm to or interfere with the integrity or normal operations of Marshall FiberNet’s networks or facilities;
· Interfere with another person’s use of Marshall FiberNet services or the Internet;
· Damage or disparage the reputation of Marshall FiberNet or its services; or
· Otherwise present a risk of harm to Marshall FiberNet or Marshall FiberNet’s customers or their employees, officers, directors, agents, or other representatives.
Marshall FiberNet may: (i) refer potential violations of laws to the proper authorities; (ii) cooperate in the investigation of any suspected criminal or civil wrong doing; and (iii) will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Marshall FiberNet assumes no obligation to inform you that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice. Marshall FiberNet shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from Marshall FiberNet exercise of its rights under this AUP.
III. PROHIBITED USES AND ACTIVITIES
You are responsible for complying with the AUP. You are also responsible for the actions of others who may be using the Services under your account. You must respond in a timely manner to complaints concerning the Services. If Marshall FiberNet is alerted or otherwise becomes aware of violations or potential violations of this AUP, Marshall FiberNet will take whatever measures it deems necessary and appropriate to stop or prevent those violations.
Mass e-mailing and “mail-bombing” (sending mass e-mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business-class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e-mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e-mail to harass or intimidate other users is prohibited.
Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating e-mail, is a violation of this AUP and Marshall FiberNet reserves the right to seek damages and other available relief against you and/or any third parties as applicable. For purposes of this AUP, such violations are determined by Marshall FiberNet in its sole discretion.
No Resale/Sharing of Services
You are prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by your Business Services Agreement.
For residential accounts, you agree that you will not make the Services available to anyone other than your family and household guests. For business accounts, except as provided in an applicable Business Services Agreement, you agree that you will not make the Service available to anyone other than your business or your business’ authorized employees.
IV. CUSTOMER CONDUCT
Facilitating a Violation of this AUP
You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.
Illegal Activity; Tortious Conduct
Any use of the Services to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:
Third Party Rules
You may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. Marshall FiberNet reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
V. NETWORK MANAGEMENT
Marshall FiberNet may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by Marshall FiberNet.
It is your responsibility to ensure the security of your network and your equipment that connects to the Services. You are required to take all necessary steps to secure and manage the use of the Services in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability.
Failing to secure your system against abuse or fraudulent activity is a violation of this AUP. You are responsible for configuring and securing your network and the Services to prevent unauthorized access to your systems and/or the Marshall FiberNet network. You are also responsible for any fraudulent activity that may occur due to your failure to secure your network and the Services. You will be responsible if unknown third parties utilize the Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. You may not, through action or inaction (e.g. failure to secure your network), allow others to use your network for illegal, fraudulent or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines.
You are responsible for any content you offer or receive through the Service.
If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the Services through your account. Attempting to obtain another user’s account password is prohibited.
Web Hosting and Data Center Hosting Surveillance
Marshall FiberNet performs routine surveillance of its networks in connection with any web hosting, data center hosting, or related services. Although Marshall FiberNet will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which Marshall FiberNet. through its routine surveillance finds violations of this AUP, and reserves the right to take whatever action it deems appropriate in its sole discretion.
VI. CONTACT INFORMATION
Any party seeking to report a violation of this AUP may contact Marshall FiberNet via e-mail at: Admin.fibernet@cityofmarshall.com
Contact for Copyright Infringement
Marshall FiberNet complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, we have a policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights. If we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of the Marshall FiberNet system or network, Marshall FiberNet reserve the right to terminate service to the subscriber after receiving notice of any further copyright infringement by that subscriber. Marshall FiberNet accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent:
Customer Service Manager
Marshall FiberNet
900 S. Marshall Ave.
Marshall MI, 49068
Admin.fibernet@cityofmarshall.com
Marshall FiberNet
Terms and Conditions of Service
By signing this work order for broadband services (“Services”) provided by City of Marshall FiberNet Department (hereafter referred to as “MFN”) and its affiliates and subsidiaries, you acknowledge that you are at least 18 years of age and legally authorized to agree to the following terms and conditions of service:
1. TERMS AND CONDITIONS OF SERVICE AND BILLING PROCEDURES. The items listed below outline the terms and conditions of service, billing procedures and relationship between you, the Customer and MFN regarding the provision of the MFN selected Services. Customer agrees to be bound by all the terms and conditions contained herein. Customer’s signature heron evidences the agreement and certifies acknowledgement of the Terms and Conditions of Service Agreement in its entirety.
2. SUBSCRIPTION AND PAYMENT TERMS. Customer is subscribing to Services set forth on this work order. Customer agrees to pay monthly charges in advance, including all applicable taxes and fees. Customer agrees to pay for all Services provided by MFN including but not limited to charges for installation (if required and agreed to in advance), Equipment, Services provided on a per-channel or per-program basis, and all applicable local, state or federal fees, taxes and surcharges.
3. LATE/OTHER CHARGES. You understand that MFN may impose an administrative late fee (“Late Fee”) for each month’s charges not paid when due. The Late Fee is intended to be a reasonable advance estimate of costs to manage past due accounts. Some examples of costs incurred to manage past due accounts include the additional expense associated with preparing additional bill statements, processing Customer’s service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts. MFN does not extend credit to our Customers and the Late Fee is not interest, a credit service charge or a finance charge. If Service is disconnected, we may impose a reconnect charge and/or security deposit, in addition to collecting any outstanding balance, including Late Charge, before service is restored. If your check is returned for insufficient funds, we may impose a service charge up to $40.00. If you have not paid amounts due within 30 days of the due date, and we use the services of a collection agency and/or attorney to collect amounts due, you agree to pay to us, in addition to other amounts due, all reasonable agency and attorneys fees that we incur, including without limitation, court costs.
4. OWNERSHIP OF EQUIPMENT-RISK OF LOSS. “Equipment” includes all Equipment installed in or on your premises by MFN including, without limitation, ONT’s, modems, routers, and wiring. This equipment and other MFN property and facilities (Equipment) delivered to Customer and/or installed on the premises to receive the Service shall remain the sole and exclusive property of MFN. Customer assumes the risk of loss, theft or damage to all Equipment at all times prior to the removal of the units by MFN or return of the units by Customer. You agree to pay any Equipment Security Deposits associated with the Service. Upon termination of service for any reason, you agree to immediately return all Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to MFN within 5 days of the termination. Customer shall be liable to MFN for the full replacement cost of any unreturned or damaged Equipment.
You understand and agree that any deposit account may be used to offset the cost of any unreturned or damaged Equipment.
5. TAMPERING/MISUSE/LOST/STOLEN. You shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from your premises and used in another location without MFN approval. You are responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the Equipment.
6. TERMINATION OF SERVICE BY CUSTOMER. You may terminate Service by providing us at least 24 hours advanced notice. You may terminate Service through the website or by telephone. Account holders are liable for all Services rendered by us up to the time the account has been de-activated and MFN has received all Equipment.
7. THEFT OF SERVICE. The receipt of Services without MFN authorization is a crime. You understand that the law prohibits: 1) theft or unauthorized use of service and 2) willful damage, alteration or destruction of Equipment. You can be subject to both civil and criminal penalties for such conduct. Customer shall not intercept, receive, share or assist in the interception, receipt, or sharing of any Service offered by MFN without the prior written authorization of MFN. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from MFN.
8. TERMINATION OF SERVICE BY MFN. MFN will give you ten (10) days’ prior written notice of a disconnection of all or part of your Service, except if the disconnection is requested by you; is necessary to prevent theft of service; or is necessary to reduce or prevent signal loss. Once your bill is ten (10) days’ past due, MFN may disconnect your Service. Upon termination for any reason, MFN may charge additional fees on any unpaid balance. MFN reserves the right to continue billing for services through the end of the billing cycle and until all Equipment has been returned. You understand and agree that any deposit account may be used to offset any outstanding balance and or the cost of any unreturned or damaged Equipment. Further, you understand and agree that MFN may charge your credit card on file at termination of Service in the amount of any outstanding balance and/or for the cost for any unreturned or damaged Equipment, in accordance with applicable law
9. CHANGES IN SERVICE/CHARGES. MFN may change Services and charges, including deleting Services and will give you thirty (30) days’ prior written notice of increases to subscription fees or other changes in charges or Services in conformity with applicable law. You acknowledge that the content, programs and/or formats of the Services may be discontinued, modified or changed by MFN at any time without prior notice.
10. TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to you at the address where MFN’s installation is performed. Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without MFN’ prior written consent.
11. SERVICE AND REPAIRS. MFN will make reasonable efforts to maintain the system and respond to service calls in a timely manner. MFN will repair damage to Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is your sole responsibility and you must reimburse MFN for the cost of repair or replacement.
12. ACCESS ON PREMISES. By entering into this Agreement, you hereby grant to MFN a license to enter upon your premises to construct, install, maintain, inspect and/or replace outlets, and all other Equipment necessary to provide Services. If you are not the owner of the premises, you warrant that you have authority to grant such a license to MFN or that you have obtained the consent from the owner of the premises for MFN to make the installation and maintenance contemplated by the Work Order. Furthermore, as the owner of the premises at which the Services are provided, you will, upon request, grant to MFN a perpetual easement without charge on and through my premises to construct, install, maintain, inspect and/or replace outlets, transmission lines and all other Equipment necessary to provide Services to yourself and others and from time to time check for signal leakage.
13. COMPLIANCE WITH AGREEMENT. MFN reserves the right to suspend performance or terminate Service for the breach of any of these terms and conditions or its policies related to the Services.
14. PARENTAL CONTROL. Parental control feature tools are commonly available for public use and are not the responsibility of MFN.
15. CORRESPONDENCE. PLEASE SUBMIT ALL WRITTEN CORRESPONDENCE TO: Customer Service Manager, Marshall FiberNet, 900 S. Marshall Ave, Marshall MI 49068.
16. PRIOR ACCOUNTS. Customer warrants that no monies are owing to MFN from previous accounts with MFN. If MFN finds a prior account with Customer with monies owed to MFN, then MFN may apply any funds received to that prior account.
17. AMENDMENT. MFN may amend these terms and conditions of the Agreement, on a prospective basis, upon reasonable prior written notifications to you.
18. NOTIFICATIONS. You acknowledge receipt of an Acceptable Use Policy (AUP) as required by federal law.
19. CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize MFN to enter upon the premises for the purposes set forth in this Agreement, including but not limited to: (a) placing fiber optic transmission lines near or adjacent to the current locations of other utilities on the property; (b) attaching wiring and equipment to a structure; and (c) installing, maintaining, repairing, or disconnecting Service.
20. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. MFN SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MFN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. a.) MFN makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement of either the Equipment or Service furnished hereunder. b.) Limitation of Liability. MFN shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of MFN, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails. c.) Customer Exclusive Remedy. MFN’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by MFN of any obligation MFN may have under these Terms and Conditions shall be Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall MFN’ liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer during the preceding thirty (30) day period.
21. CUSTOMER INDEMNIFICATION. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS MFN, THE CITY OF MARSHALL, AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE MFN FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY MFN IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
22. SERVICE INTERUPTIONS. MFN assumes no liability for interruption of Service or alterations in service due to circumstances beyond MFN’s control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. MFN will restore service within seventy-two (72) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.
23. INTERNET ACCESS SPEEDS. The internet access speeds quoted are the maximum rates by which Internet access data may be transferred between MFN’s facilities and the network interface device at your home, office or apartment building. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer’s modem receives and sends Internet access data through the public internet as such speeds are impacted by many factors beyond MFN’ control. Actual internet speeds vary due to many factors including the capacity or performance of your computer or modem and its configuration, your wiring and any wireless configuration, your destination and traffic on the Internet internal network or other factors at the internet site with which you are communicating, congestion on the network and the general speed of the public internet. The actual speed may affect your on-line experience including ability to view streaming video and speed of downloads. Except as otherwise provided by law, we reserve the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all internet service customers.
24. INTERNET USE. You understand that use of the Marshall FiberNet Internet Service is subject to our Acceptable Use Policy, as may be amended from time to time, which can be found at www.marshallfibernet.com, or may be requested by contacting MFN (900 S. Marshall Ave, Marshall MI 49068). You assume all responsibility and liability for the security of information on your personal devices, including but not limited to your computer, and information you transmit or receive through the Services. We have no responsibility and we disclaim any liability for the security of any information on your personal devices, or the security or accuracy of any information or data transmitted or received through the Services. We have no responsibility and we disclaim any liability for unauthorized access by third persons to your personal devices, files, or data or any loss or destruction of your files or data.
BY EXECUTING BELOW YOU UNDERSTAND AGREE WITH ALL TERMS AND CONDITIONS CONTAINED IN THIS WORK ORDER.
SIGN: ________________________________ Technician Sign:___________________
PRINT NAME: _________________________ Technician name___________________
DATE: _______________________________
ADDRESS: ____________________________
EMAIL: _______________________________
THIS IS AN IMPORTANT CONTRACT DOCUMENT. PLEASE RETAIN THIS AND ALL ACCOMPANYING DOCUMENTS AND STORE THEM WITH YOUR OTHER IMPORTANT PAPERS
If you are renting your house or apartment, authorization is required from your landlord or an authorized agent before we can proceed with any installation or service changes. Please print the attached form, ask your landlord to sign it, and give it to the technician at the time of installation. This completed authorization form is required for the initial installation and if you are adding any new service outlets or moving existing service outlets only.
Renter Authorization
In order to establish high speed Internet service with Marshall FiberNet, customers residing in a rental property must complete this form and arrange for the homeowner or property manager to authorize the installation of such services by signing below.
Customer / Renter Information
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Customer Name: |
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Account Address: |
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Home Phone: |
Work Phone: |
Homeowner Information
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Homeowner Name: |
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Homeowner Address: |
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Home Phone: |
Work Phone: |
By signing below, homeowner or authorized representative authorizes Marshall FiberNet to enter the property for the purposes of installing/maintaining/removing high speed Internet to the rental property described above. Homeowner/representative acknowledges that installation of such service(s) may require Marshall FiberNet to bury fiber or other facilities and/or attach optical network units, wiring, brackets and other hardware to the property’s exterior or interior. Homeowner also acknowledges that Marshall FiberNet is not responsible for removal of such hardware, nor is Marshall FiberNet responsible for restoring the property to its original condition upon termination of the account.
Homeowner Name (Please Print)
Homeowner Signature___________________________________________