Acceptable Usage Policy (AUP) – SERVICES AGREEMENT

Prohibited Uses of Frontier’s Network, Products and Services

Frontier Networks Acceptable Use Policy (AUP)

CUSTOMER agrees that the Supplier may terminate, without refund, CUSTOMER’s service for any violation of the Supplier’s Acceptable Usage Policy located at “Customer Location.” All services provided under this SERVICES AGREEMENT—including but not limited to VOIP, Voice, Dial Minutes, 800 numbers, Call Termination, Internet, Email, and Colocation Services—are governed under our Master Services Agreement (MSA), which can be reviewed at https://hellofrontiernetworks.com/msa/.

For purposes of the Prohibited Activities, the term “information” means material of any type capable of being posted or transmitted on or through the Provider Internet Access Service, including material in print, graphic, or pictorial form. When using the Provider Internet Access Service:

Prohibited Activities:

CUSTOMER will not willfully engage in the following activities:

1. Defamation: You agree not to post or transmit any information in violation of any applicable law.
2. Fraud: You agree not to post or transmit any fraudulent information on or through the Provider Internet Access Service. This means any information that you know or have reason to know is false, and that you intend for others to rely on.
3. False Advertising: You agree not to post or transmit on or through the Provider Internet Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
4. Unsolicited Advertising: You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other CUSTOMERS, individuals, or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.
5. Copyright Violations: You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s or entity’s copyright in all or any part of the information.
6. Trademark, Service Mark, and Trade Dress Violations: You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s rights in its trademark, trade dress, or service mark.
7. Trade Secret Violations: You agree not to post or transmit on or through the Provider Internet Access Service any information that reveals trade secrets belonging to another person, business, service, or other entity.
8. Obscenity: You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Provider Internet Access Service.
9. Harassment, Threats, and Abuse: You agree not to use the Provider Internet Access Service to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity by any means, including the use of vulgar, hateful, racially, ethnically, or otherwise objectionable information.
10. False Pretenses: You agree not to use the Provider Internet Access Service to impersonate any person, including but not limited to, a Provider official, information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication.
11. Chain Letters: You agree not to post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Provider Internet Access Service.
12. Inappropriate Content: You agree not to post or transmit on or through the Provider Internet Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list.
13. Disruptive Activities: You agree not to use the Provider Internet Access Service to disrupt the normal flow of online dialogue or otherwise act in a manner that negatively affects other CUSTOMERS, users, individuals, or entities.
14. Violations of Service Provider’s Rules: You agree not to use the Provider Internet Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
15. Multiple Access: You agree that this Agreement is not transferable. You agree not to simultaneously access the Provider Internet Access Service for more than one session at any time.
16. Abuse of Provider’s Procedures: You agree not to make false or unverified complaints against any Provider CUSTOMER, or otherwise abuse any of Provider’s Complaint Response Procedures.
17. Systems Abuse: You agree not to abuse the system by causing any harm that inhibits other CUSTOMERS’ ability to effectively use the system.
18. SPAM: You agree not to post or cross-post, regardless of content, the same message to twenty or more newsgroups.
19. Post or Distribute Unlawful Content: You agree not to post, transmit, distribute, or disseminate content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory, or otherwise offensive or objectionable or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal, or international law, order, or regulation.

Illegal Use of Services: CUSTOMER agrees not to use any of the Supplier’s services in violation of any law or for illegal purposes, including activities that would constitute a criminal offense or give rise to civil liability. This includes, but is not limited to, unauthorized access to computer systems, unauthorized use of service for criminal enterprises, or using the services to transmit harmful or illegal content. This applies to all services provided under the Services Agreement, including but not limited to VOIP, Voice, Dial Minutes, 800 numbers, Call Termination, Internet, Email, and Colocation Services. Failure to comply with this provision will result in immediate termination of service without refund and may lead to both criminal and civil actions against the CUSTOMER. The Supplier reserves the right to pursue all remedies available under law, including but not limited to, reporting illegal activity to the appropriate authorities and seeking civil damages.

• Disruption of Services: You agree not to disrupt the Supplier’s network, or the nodes or services thereof, or directly or indirectly interfere with the ability of any other person to use or enjoy the services.
• Unauthorized Access: You agree not to make unauthorized attempts to gain access to any account or computer resource not belonging to you or otherwise engage in “spoofing” or other unauthorized activities.

Acceptable Use of Unlimited Plans

Services that are installed into residential locations are governed by our normal use policy which is listed in this section.

In the event of disproportionately high usage of Frontier’s network resources by The Customer, FRONTIER may levy usage surcharges outlined in the table below per billing period. At the discretion of Frontier this may be is in addition to traffic shaping to reduce the effective available bandwidth provided to a residential customer who uses in excess of the transfer limits in the table below in any billing cycle.

If a business service is required one can be provided to you that would allow you to sustain continued excessive use.

1	Terabyte	Warning Issued	Monthly Surcharge
1.25	Terabyte	Warning Issued	Monthly Surcharge
1.5	Terabyte	Warning Issued	Monthly Surcharge
1.75	Terabyte	Warning Issued	Monthly Surcharge
2	Terabyte	$              15.76	Monthly Surcharge
2.25	Terabyte	$              19.70	Monthly Surcharge
2.5	Terabyte	$              23.64	Monthly Surcharge
2.75	Terabyte	$              27.58	Monthly Surcharge
3	Terabyte	$              31.52	Monthly Surcharge
3.25	Terabyte	$              35.46	Monthly Surcharge
3.25+	Terabyte	TBD	Monthly Surcharge

Chat Rooms

If Subscriber participates in any chat room, bulletin board or any other forum or similar service within or in connection with ISP, Subscriber shall not: (a) engage in behaviour that violates or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) post or transmit, without ISP express prior approval, material which contains advertising or any solicitation with respect to products or services; (g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or (h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. ISP is not responsible for material submitted to ISP or posted in chat rooms, on bulletin boards or on other forums by users of the ISP. If the Customer is at any time in breach of the requirements of this paragraph, the Supplier may immediately and without notice, and in addition to all other rights and remedies under the Services Agreement and at law and in equity, suspend the supply of any or all Services to the Customer pursuant to the Services Agreement. Any such suspension of the supply of Services shall not constitute a termination of the Services Agreement and shall not excuse the Customer from liability to make the payments to the Supplier required by the Services Agreement during the period that the provision of the Services to the Customer is suspended. The supply of Services pursuant to the Services Agreement shall resume upon the Customer no longer being in breach of the requirements of this paragraph and the payment by the Customer to the Supplier of any and all costs of the Supplier to suspend and restore service and a $500 reinstitution charge. Continued breach of the requirements of this paragraph may result in termination of the Services Agreement pursuant to the provisions of these Standard Terms and Conditions set forth under “Termination of Agreement”.

Privacy

The Supplier cannot guarantee privacy for Internet users. Messages on the Internet may be subject to third party interception and review. The Supplier therefore recommends that the Services not be used for the transmission of confidential information.

Monitoring

The Supplier has no obligation to monitor the Services. However, in order to protect itself, its suppliers and its customers, the Supplier and its suppliers will be entitled to electronically or otherwise monitor the Services and to disclose any information obtained thereby which is required by law or court order. The Supplier and its suppliers will not intentionally monitor or disclose any private e-mail message unless required by law or court order. The Supplier and its suppliers will comply with all privacy and data protection laws when monitoring and disclosing information and agree that such laws supercede the provisions of the Services Agreement in the event of any conflict or uncertainty. Subscriber fully understands that the Supplier actively cooperates with any and all agencies involved in the investigation and/or prosecution of illegal activities. Subscriber agrees to defend, indemnify and hold harmless ISP, its affiliates, directors, officers, employees or agents for all damages and claims that may arise from the subscriber’s use or misuse of the service which damages either the subscriber, ISP or a third party.