Acceptable Use Policy (AUP)

opticAccess, llc has established this Acceptable Use Policy ("AUP") in an effort to promote responsible use of our network, systems, services, web site, and products (the “Services") by our customers and other users of the Services (collectively, "Users").

The AUP applies to all aspects of the Services. "opticAccess" means opticAccess, LLC, and all of its affiliates (including direct and indirect subsidiaries and parents). "opticAccess Network" includes, without limitation, opticAccess’ constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network.

By using our Services, Users consent to be bound by the terms of this AUP. We reserve the right to revise this AUP at any time. Modifications will be effective upon posting. Any use of the Services after such modification shall constitute acceptance of the modifications in question.

opticAccess makes no guarantee regarding, and assumes no liability for, the security and integrity of data or information a user transmits via the Services or over the Internet, including data information transmitted via any server designated as "secure." opticAccess does not monitor, exercise control over, or accept responsibility for the content of information passing through its network. All persons and organizations, including opticAccess customers, who transmit information over or who publish information that is made accessible through opticAccess’ Network are responsible for the content of the information and for complying with the laws applicable to its publication. opticAccess will cooperate with legal authorities in the investigation of suspected criminal or civil violations.

If you wish to report a violation of our AUP, please click here.

I. Prohibited Activities

General Prohibitions: opticAccess prohibits use of the Services in any way that is unlawful, harmful to or interferes with use of opticAccess’ Network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the opticAccess website or from a website that contains opticAccess-branded content is a violation of this AUP.

Unlawful Activities: The Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: The Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of opticAccess or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: The Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. Child Pornography: The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to opticAccess at the following e-mail address: opticAccess will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is prohibited using the Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

II. Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use the Services, including implementation of necessary patches and operating system updates.

The Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of opticAccess’ (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. The following illustrate some, but not all, uses that are prohibited under this AUP:

III. Customer Responsibilities

Each opticAccess customer (including commercial, carriers and ISP/resellers) is responsible for the activities of its own customers or end-users and, by accepting Service from opticAccess, agrees to inform its customers and/or end-users of this AUP or its own Acceptable Use Policy, which must be co-extensive and consistent with these terms.

Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify opticAccess of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this AUP by any person, including Users that have accessed the Service through your account, you are required to notify us.

All Users of the opticAccess Network are responsible for notifying opticAccess immediately if they become aware of an impending event that may negatively affect the opticAccess Network. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.

IV. AUP Enforcement and Notice

A User's failure to observe the guidelines set forth in this AUP may result in opticAccess taking actions anywhere from a warning to a suspension or termination of the Services. When feasible, opticAccess may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.

opticAccess reserves the right, however, to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped or when opticAccess reasonably determines, that the conduct may: (1) expose opticAccess to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of opticAccess’ Network or networks with which opticAccess is interconnected, (3) interfere with another opticAccess customer's use of the Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to opticAccess or its customers.

opticAccess has no obligation to monitor content of any materials distributed or accessed using the Services. However, opticAccess may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the opticAccess Network and its customers. As a reseller Customer of opticAcces’ Services (if applicable), by using and accepting Services, you consent to our disclosure to any law enforcement agency, without the need for subpoena, of your identity as the service provider of record (including basic contact information), as applicable, for any User about whom opticAccess is contacted by the law enforcement agency. In instances involving child pornography, opticAccess complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

opticAccess receives complaints directly from Internet users, through Internet organizations and through other parties. opticAccess shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking action under this AUP. A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. opticAccess has no obligation to forward the complaint to the User or to identify the complaining parties.

opticAccess is not liable for damages of any nature suffered by any customer, user or any third party resulting in whole or in part from opticAccess exercising its rights under this AUP. opticAccess has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the opticAccess Network but, where possible and necessary, may do so at its discretion. Therefore, opticAccess does not assume liability for others' violations of the AUP or failures to terminate those violations. opticAccess reserves the right to assess time and materials charges to resolve customer issues that are not resolved by the customer in a timely manner.

V. Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an opticAccess customer (or its user) should be directed Where possible, include details that would assist opticAccess in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).

Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") containing, at a minimum, the following information:

Please click here for information relating to the Interim Designation of Agent to Receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).

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