Broad Valley Micro Fiber Networks Acceptable Use Policy

 

This Acceptable Use Policy (“AUP”) applies to the use by Broad Valley Micro Fiber Networks Inc.’s customers of broadband, lit services, Internet access and related or similar services (“Services”) offered or provided by Broad Valley Micro Fiber Networks Inc. (“Broad Valley”).  The AUP summarizes and explains prohibited conduct and use of Broad Valley’s services, as well as actions Broad Valley may take to enforce the AUP.  Broad Valley’s customers, by using any of the Services, agree to be bound by this AUP.  This AUP may also be updated or amended from time-to-time and therefore, Broad Valley’s customers agree to review the policy frequently to apprise themselves of any changes herein.  This AUP as amended shall apply to Broad Valley’s customers that use the Services, whether or not such customers apprise themselves of any updates or amendments to the AUP.

 

 

Prohibited Use or Conduct:

 

The following are prohibited under this AUP:

 

Any use of the Services that violates any law.  For the purposes of the AUP, the term “law” shall mean any statute, regulation, code or ordinance of the federal government, any state or local government, Native American tribe, or any territory of the United States or decision of a court or tribunal, decision of a regulatory agency, ordinance, treaty, code, permit or license, or other enforceable obligation lawfully imposed by a governmental entity including foreign governments.

 

Violation of any intellectual property right of any party, including but not limited to infringement of any patent, copyright, trade mark, service mark, trade secret or trade dress.

 

Causing, enabling or otherwise facilitating any security threat, breach, damage or interruption to the network, data or communications facilities of any party.

 

Sending spam, unsolicited commercial email or messages, mass messages via email or other electronic means, and sending commercial email or messages without readily identifiable and available means for recipients to opt out of receiving the same.

 

Phishing schemes, spoofing schemes and any related schemes that are deceptive, damaging, disruptive, intended to or that may cause the unauthorized collection of data or information from any other party.

 

Any activity that disrupts, damages or interferes with the communications or network facilities of any other party or that violates any rules or regulations of using such communications or network facilities.  Such activities may include, but are not limited to, denial of service attacks, mail bombing and any hacking activities.

 

Any activity or failure to act that may result in civil or criminal liability to BV or a third party.

 

Failure to take adequate measures to prevent violations of this AUP.

 

Other Obligations of Customers:

 

Broad Valley’s customers are solely and fully responsible for the content that customers, or their customers, send over the Services or the facilities of Broad Valley.  Broad Valley customers are also fully responsible for taking prompt corrective or remedial action in response to any violation of this AUP attributable to the customer, which for the sake of clarity extends to violations attributable to any customers of the customer that directly or indirectly use the Services of facilities of Broad Valley.

 

Remedies for Violations:

 

Broad Valley may take actions ranging from warnings to termination of any or all Services of a customer, in response to violations and/or threatened violations of this AUP.  Termination of any Service may occur without any advanced notice or warning in the sole discretion of Broad Valley.  Broad Valley disclaims all liability for actions taken to enforce this AUP.  Customer agrees to and shall indemnify Broad Valley and its officers, directors, employees, affiliates, agents and representatives from any and all claims, losses, demands, suits, awards or damages of any kind or nature (“Claims”) attributable to customer’s violation of this AUP including without limitation Claims by third parties alleging losses or damages due to Broad Valley’s enforcement actions.

 

Reporting Violations:

 

Broad Valley’s customers and any other third party may report any violations or suspected violations of this AUP to Broad Valley be emailing to the following address:

 

abuse@bvmfn.com

 

When emailing to this address, please include sufficient details concerning the alleged violation or suspected violation to allow Broad Valley to readily understand and respond to the alleged violation.