Acceptable Use Policy
Effective: January 1, 2020
This Acceptable Use Policy (“AUP”) defines acceptable practices for the use of Velocity Fiber’s Internet Services. This AUP applies to our Services that provide or include access to the Internet, including, without limitation, leased transmission network, equipment, systems, facilities, all Internet Services and products incorporated or used in such transmission network as well as all equipment directly or indirectly attached thereto (“Service”). This AUP is in addition to any restrictions or conditions contained as provided for in the Master Services Agreement between the customer and Velocity Fiber.
This AUP applies to all customers and users of our Service. If a customer violates this AUP or permits any user to do so, Velocity Fiber may, depending on the nature and severity of the violation, suspend or terminate service, as provided below. If a user of our Service (other than a customer) violates this AUP, Velocity Fiber may suspend the service for as long as required until the necessary steps can be taken which, in our reasonable judgment, will prevent the violation from continuing or reoccurring.
Customer may not use the Service in a manner that violates any applicable local, state, federal or international law, order or regulation. The following constitute violations of Velocity Fiber’s AUP:
- Illegal Use: Using the Service to transmit any material (by e-mail. uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- Harm to Minors: Using the Service to harm or attempt to harm, minors in any way, including by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.
- Inappropriate Content: Promoting the use of violence, or provide 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 Velocity Fiber’s network or to the network of any other Internet Service Provider. Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, treasonous, excessively violent, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
- Threats: Using the Service to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. Post, transmit, or disseminate content that is illegal, threatening, abusive, libelous, slanderous, or defamatory, promotes violence, or is otherwise offensive or objectionable.
- Harassment: Using the Service to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.
- Fraudulent Activity: Using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as pyramid schemes, Ponzi schemes, and chain letters, or any other illegal solicitation activities. Submit any false or inaccurate data on any order form, contract, or online application, including the fraudulent use of credit cards.
- Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. (The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.) Impersonating any person or entity, impersonate any person or entity by forging anyone’s digital or manual signature, or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for the purpose of misleading others is prohibited.
- Unsolicited Commercial E-mail/Unsolicited Bulk E-mail: Using the Service to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial in nature, are prohibited.
- Unauthorized Access: Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Velocity Fiber’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- Copyright or Trademark Infringement: Using the Service to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted source, and the unauthorized transmittal of copyrighted software. Velocity Fiber is registered under the Digital Millennium Copyright Act of 1998.
- Collection of Personal Data: Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge of consent.
- Reselling the Service: Reselling the Service without Velocity Fiber’s authorization.
- Network Disruptions and Unfriendly Activity: Using the Service for any activity which adversely affects the ability of other people or systems to use Velocity Fiber Services on the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
- Lack of Maintenance: Using the Service without maintaining/updating the security of customer systems and machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.
- IP Services Usage: Use of the Service to interfere with, gain unauthorized access to, or otherwise violate the security of Velocity Fiber’s (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.
- Child Pornography: Using the Service to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition should be reported to Velocity Fiber. Velocity Fiber 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.
- News: Velocity Fiber customers should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group’s “intended” use. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup.
Monitoring and Enforcement Action:
Velocity Fiber does not actively monitor use of the Service under normal circumstances nor does it exercise editorial control over the content or any web site, electronic mail transmission, news groups or other material created or accessible over or through the Services. However, Velocity Fiber reserves the right to remove any materials that it determines, in its sole discretion, may be illegal, may subject us to liability, or may violate this AUP. Velocity Fiber may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Customer or user violation of this AUP may result in the suspension or termination of either customer or user access to the Service.
Customer expressly authorizes Velocity Fiber and its suppliers to cooperate with law enforcement authorities in the investigation of suspected legal violations and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. This cooperation may include Velocity Fiber providing available personally identifiable information about the Customer to law enforcement or system administrators, including, but not limited to, username, customer name, and other account information.
The failure of Velocity Fiber or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Customer agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Failure to observe the guidelines set forth in this AUP may result in Velocity Fiber taking any one or more of the following actions:
- Issue warnings: written or verbal
- Suspend the Customer’s newsgroup posting privileges
- Suspend the Customer’s account
- Terminate the Customer’s account
- Bill the Customer for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Velocity Fiber reserves the right to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when reasonably determines, that the conduct may:
- expose Velocity Fiber to sanctions, prosecution, civil action or any other liability,
- cause harm to or interfere with the integrity or normal operations of Velocity Fiber’s network or networks with which Velocity Fiber is interconnected,
- interfere with another Velocity Fiber Customer’s use of Services or the Internet,
- violate any applicable law, rule or regulation, and/or
- otherwise present an imminent risk of harm to Velocity Fiber or Velocity Fiber’s Customers.
Velocity Fiber requests that anyone who believes that there is a violation of this AUP Immediately contact Velocity Fiber and provide the following information:
- The IP address used to commit the alleged violation;
- The date and time of the alleged violation, including the time zone; and
- Evidence of the alleged violation, such as expanded headers, IP address(es), any other documentation of the offending transmission and log file(s).
Revisions to Velocity Fiber’s Acceptable Use Policy:
Velocity Fiber reserves the right to revise, amend, or modify this AUP at any time and in any manner by posting the revised version to Velocity Fiber’s web site. Use of the Velocity Fiber Service after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
For any questions regarding this AUP, complaints of violations, notices of copyright infringements, or cancellation notices, please contact Velocity Fiber as directed below:
- By email: firstname.lastname@example.org
- By phone number: 913-521-4500
- By mail: Director of Operations and Compliance, 13430 W 98th Street, Lenexa, KS 66215, United States