Acceptable Use Policy

FiberCloud operates in accordance with Policy established by parent company Whidbey Telecom.

General Account Rules and Practices

The Services and any Whidbey Telecom equipment associated with them may only be used for lawful purposes. All Customers of the Services and users of this Web site shall comply with this Acceptable Use Policy (“AUP”) and all applicable laws and regulations. As used in this AUP, “Customer is a person or entity that has entered into a commercial relationship with Whidbey Telecom which is accepted by Whidbey Telecom . Uses of the Services in violation of this AUP or any applicable law or regulation are prohibited and may result in the immediate termination of your account and your right to use the Services without advance notice to you.

1. Improper uses of the Services include, but are not limited to:
   1. Attempting to accomplish any unlawful purpose, including but not limited to storing, sending, or disseminating any material by uploading, posting, email or other means (“Transmission”) that is in violation of any local, state, or federal law or regulation, that is libelous, obscene, threatening, defamatory, which infringes upon the intellectual property rights of another, or which constitutes or encourages conduct constituting a criminal offense or gives rise to civil liability;
   2. Transmission of any material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, or otherwise inappropriate, whether or not Transmission of the material is unlawful;
   3. Transmission of any material that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
   4. Transmission of any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   5. Transmission of any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or which impedes others’ ability to use the Services;
   6. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, and/or forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Services;
   7. Transmission of unsolicited commercial email or the collection of responses from unsolicited messages;
   8. Transmission of chain letters;
   9. Attempting to probe, scan or test the vulnerability of a system or network in any form;
   10. Using any method to breach security or authentication measures;
   11. Engaging in hacking, denial of service attacks, malicious or destructive behavior in any form.
2. If you use another organization's networks or computing resources, you are subject to its permission and usage policies, in addition to this AUP.
3. Whidbey Telecom shall have the right, but not the duty, to remove any Web site hosted on its servers which, in its discretion, is found to contain pornographic or obscene material.
4. All Whidbey Telecom Services are for end-user use only and may not be resold, commercially or noncommercially, in whole or in part, directly or indirectly, or on a bundled or unbundled basis, in the absence of a separate reseller agreement approved in writing by Whidbey Telecom . Customer shall not use the Services in the operation of any business or service which competes directly or indirectly with Whidbey Telecom , which determination shall be made by Whidbey Telecom in its sole discretion.
5. You are responsible for all use of your Whidbey Telecom account and the Services, whether by you or another person having access to your account. Do not share your password, send it over the Internet in any unencrypted form, including by email, or otherwise compromise its security. If you have any reason to believe the security of your password has been compromised, you should immediately change your password. If Whidbey Telecom has any reason to believe your password or account has been compromised, Whidbey Telecom may, at its sole discretion, disable or restrict access to your account without notice.
6. Whidbey Telecom may take any one or more of the following actions, or other actions not listed, at Whidbey Telecom ’s sole discretion, in response to complaints: (a) issue written or verbal warnings; (b) suspend the account; (c) terminate the Customer's account; (d) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (e) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Whidbey Telecom reserves the right to cancel your service at any time and for any reason.

The AUP is a tool for use by Whidbey Telecom and does not create a right in any user or Customer that is subjected to improper use of the Services or a violation of this AUP.

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