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Acceptable
Use Policy
Please
read this Agreement carefully before accessing or using Broadwing's
Dedicated Internet Access Service ("Service"). By accessing or using
the Service, you agree to be bound by the terms and conditions set
forth below. If you do not wish to be bound by these terms and conditions,
you may not access or use the Service. Broadwing may modify this
policy at any time, and such modifications shall be effective immediately
upon posting. You agree to review the policy periodically to be
aware of such modifications and your continued access or use of
the Service shall be deemed your conclusive acceptance of the modified
policy. In any instance which Broadwing believes in good faith that
the provisions of this policy are not being followed, Broadwing
may immediately restrict, suspend, or discontinue providing Service,
without liability on the part of Broadwing.
Broadwing reserves the right to modify the Policy at any time, effective
upon posting of the modified Policy to this URL: http://www.broadwing.com/aup.
Illegal
Use
The Broadwing Network may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws.
System
and Network Security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. Broadwing will investigate
incidents involving such violations and may involve law enforcement
if a criminal violation is suspected. Examples of system or network
security violations include, without limitation, the following:
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Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
express authorization of the owner of the system or network.
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Unauthorized monitoring of data or traffic on any network or system
without express authorization of the owner of the system or network.
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Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
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Forging of any IP packet header or any part of the header information
in an email or a newsgroup posting.
Email
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, unsolicited
bulk, unsolicited bulk e-mail (UBE) unsolicited Commercial e-mail
(UCE) ("Spamming"), is explicitly prohibited nor any distribution
of any unsolicited electronic mail that includes Broadwing's logos,
trade marks, service marks, CIC codes, hosted IP addresses or any
variation thereof. A user shall not use another site's mail server
to relay mail without the express permission of the site.
Usenet
Posting the same or similar message to one or more newsgroups (the
transmission of unsolicited electronic mail, also know as "SPAM")
is explicitly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF A BROADWING CUSTOMER OR
CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY
BY SUCH CUSTOMER OR END USER.
Static
Routing Clause:
The customer will either a) receive an administratively assigned
IP address range that is constituent to Broadwing's CIDR aggregate
(Classless Inter-Domain Routing), or b) have verifiable ownership
and control of any IP address range that is not constituent to Broadwing's
CIDR aggregate. In the latter case, the Customer must not request
a static route regarding any administratively reserved IP address
range, as defined by RFC1918. In either case, the customer is not
permitted to make any routing arrangement with another provider,
such that the static range appears to the public Internet that it
originates from any autonomous system other than that assigned by
Broadwing.
Customer's
Use of Service
Customer covenants and agrees that it will not use, and will prohibit
its users from using, any Service provided to Customer hereunder
(i) for any unlawful purpose, (ii) in any way that restricts, limits,
or interferes with the use of Broadwing's services by others or
the operation of the network utilized by Broadwing hereunder or
that may damage such network or may threaten health, safety, or
property; or (iii) for purposes of perpetrating a fraud or harassing
or infringing upon the rights of others. Customer is responsible
for assuring that any and all of its end users comply with the applicable
provisions of this Policy. In any instance, which Broadwing believes
in good faith that the above provisions are not being followed,
Broadwing may immediately restrict, suspend, or discontinue providing
Service, without liability on the part of Broadwing, and promptly
notify Customer of the action that Broadwing has taken and the reason
for such action. To the extent doing so does not interfere with
its ability to prevent violations of the above requirements (as
determined in Broadwing's sole discretion), Broadwing will attempt
in good faith to limit any restriction, suspension, or discontinuance
implemented to the locations, phone numbers, or Service with respect
to which the violation is taking place.
Customer
and Customer's Affiliates shall indemnify and hold harmless Broadwing
from all activities listed above caused by end users of Customer
or its Affiliates using Broadwing's network. Broadwing shall not
have any obligation or liability to Customer or to any third party
for any unlawful or improper use of the Service nor have any duty
or obligation to exercise control over the use of, or the content
or information passing through the Service.
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