The following policies apply to all broadband Internet services offered by FiberHawk. It is FiberHawk policy to provide robust and reliable access to the Internet for all of its end user customers. Because network resources are shared by all users, FiberHawk discloses and identifies the following policies govern its Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. FiberHawk does not block access to, nor discriminate against, any lawful website or Internet application. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using FiberHawk Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.
By using IP Services provided by FiberHawk you agree to comply with this Acceptable Use Policy (AUP). This AUP may be revised from time to time and your use of IP Services after changes are posted on FiberHawk web site at swayzee.com shall constitute your acceptance of any changed or additional terms.
ACCEPTABLE USE POLICY (AUP)
The FiberHawk AUP applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively “IP Services”). Customer is responsible for the actions of others who may be using the IP Services under Customer’s account (“Users”). It is the Customer’s obligation to take whatever measures are necessary to protect access to Customer’s account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, FiberHawk may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.
Customer’s failure to observe the guidelines set forth in this AUP may result in Swayzee Communications taking actions ranging from a warning to a suspension of privileges or termination of Service(s). FiberHawk reserves the right, but does not assume the obligation, to strictly enforce this AUP. When feasible, may provide Customer with notice of an AUP violation via e-mail or other methods and demand that such violation is immediately corrected. However, FiberHawk reserves the right to act immediately and without notice to suspend or terminate IP Services in response to a court order or other legal requirement that certain conduct should be stopped or when FiberHawk determines, in its sole discretion, that the conduct may: (1) expose FiberHawk to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Swayzee Communications network(s) or facilities, (3) interfere with another person’s use of Swayzee Communications IP Services or the Internet, or (4) otherwise present a risk of harm to FiberHawk or FiberHawk or other parties FiberHawk interconnects with.
FiberHawk decisions with respect to interpretation of the AUP and appropriate remedial actions are final and shall be determined by FiberHawk in its sole discretion. FiberHawk may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. FiberHawk assumes no obligation to inform you that your information has been disclosed and, in some cases, may be prohibited by law from providing such notice.
FiberHawk will not issue any refunds, credits or other forms of compensation for the period when IP Services have been suspended as a result of violation(s) or alleged violation(s) of this AUP. FiberHawk shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from FiberHawk exercise of its rights under this AUP.
FiberHawk is committed to complying with the laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its customers the ability to use FiberHawk network and the Internet without interference or harassment from other users. You are prohibited from using IP Services in any way that is unlawful, interferes with use of FiberHawk network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes upon intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer will not resell or provide Service(s) to unauthorized third parties, whether as part of a commercial enterprise or otherwise. Customer is prohibited from engaging in any other activity, whether legal or not, that FiberHawk determines in its sole discretion to be harmful to its subscribers, operations, or network(s).
FiberHawk IP Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, 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 FiberHawk network or to the network of any other IP Service provider. Customer shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.
FiberHawk respects the intellectual property rights of third parties. Accordingly, you may not store any material or use FiberHawk systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of FiberHawk to suspend or 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 of copyrights. In addition, FiberHawk expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if FiberHawk, in its sole judgment, believes that circumstances relating to an 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 Swayzee Communications may have under law or contract.
FiberHawk may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of the Service Agreement and AUP. You acknowledge that FiberHawk shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this Agreement.
FiberHawk data network is designed to provide its broadband customers with highly reliable Internet access and data transmission services. Although bandwidth within the core network is not dedicated to individual customers, the capacity is managed to provide sufficient peak bandwidth for the aggregate data traffic. Because our network design and build strategy is aimed at avoiding blockages, it is unnecessary to have data traffic management policies for those rare instances when peak utilization exceeds capacity.
While data transmission over the network is rarely subject to blocking, that is not necessarily true for the networks with which FiberHawk interconnects. Consequently, customers may experience blockage due to the network serving the destination or origin of their traffic or because an intermediate carrier’s network is congested. When customers report these service issues, FiberHawk investigates to determine if the problem is inside or outside of the core network.
FiberHawk services are best effort performance. FiberHawk makes every effort to support advertised speeds and will dispatch repair technicians to customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance issues that are caused by FiberHawk’s network. FiberHawk measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets in its network. However, the customer’s performance is also affected by the particular website being accessed, capacity in the public internet beyond the FiberHawk network and the customer’s computer, inside wiring, wireless router, and other customer equipment.
Questions regarding network management, including related policies regarding device attachments and privacy, should be directed to FiberHawk at firstname.lastname@example.org.