Acceptable Use Policy

This policy, Vexus’ Acceptable Use Policy (AUP), governs the use of internet related services provided by  Vexus. All contractual terms and tariff terms also apply.

I. INTRODUCTION

In this AUP, “Service(s)” refers to any internet related service you are receiving from  Vexus or its affiliates including but not limited to dial-up, Wireless, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, or Unified Messaging. By using any such Vexus Service you agree to abide by and be bound by the terms and conditions of this AUP.   This AUP may be revised by Vexus at any time by posting on the Vexus website.

II. VIOLATION OF THIS ACCEPTABLE USE POLICY

Violation of this AUP may result in Vexus taking actions ranging from a warning to a suspension of privileges or termination of your services.   Vexus may, but is under no obligation to, provide you with advance notice of an AUP violation, via Email or otherwise, and request that such violation be immediately corrected prior to taking action.  Vexus reserve the right to act immediately and without notice to suspend or terminate services in response to a court order or other legal requirement that certain conduct be stopped or when  Vexus determine, in its sole discretion, which the conduct may:

• Expose  Vexus to sanctions, prosecution or civil action
• Cause harm to or interfere with the integrity or normal operations of  Vexus’ networks or facilities
• Interfere with another person’s use of  Vexus’ services or the Internet
• Damage or disparage the reputation of  Vexus or its services

Otherwise present a risk of harm to Vexus or Vexus customers or their employees, officers, directors, agents, etc.

Vexus may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake.  Vexus assumes no obligation to inform you that your information has been provided to law enforcement authorities and, in some cases, may be prohibited by law from providing such notice.  Vexus shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from Vexus’ exercise of its rights under this AUP.

III. PROHIBITED USES AND ACTIVITIES

General Use Policy

You are responsible for complying with the AUP. You are also responsible for the actions of others who may be using the Services under your account.  You must respond in a timely manner to complaints concerning misuse of the Services obtained from Vexus.   If  Vexus are alerted to or otherwise become made aware of violations or potential violations of this AUP,  Vexus will take whatever measures it deems necessary and appropriate to stop or prevent those violations.

Abuse of Email/Spamming

Mass Emailing and “mail-bombing” (sending mass Email or deliberately sending very large attachments to one recipient) are prohibited.  Business-class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging Email headers (transmission information) is prohibited. Using another computer, without authorization, to send multiple Email messages or to retransmit Email messages for the purpose of misleading recipients as to the origin is prohibited. Use of Email to harass or intimidate other users is prohibited.

Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating Email, is a violation of this AUP and Vexus reserve the right to seek damages and other available relief against you and/or any third parties – as applicable. For purposes of this AUP, such violations are determined by  Vexus in its sole discretion.

No Resale/Sharing of Services

You are prohibited from reselling the Service or otherwise making the Service available to third parties (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, unless expressly permitted by your Business Services Agreement;

You agree that you will not make the Service available to anyone other than your family and household guests, if a residential account,  or business or your business’ authorized employees, if a business account, or unless done with  Vexus prior written approval in accordance with an applicable Services Agreement.

IV. CUSTOMER CONDUCT

Facilitating a Violation of this AUP

You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights and pirate software.

Illegal Activity/Tortious Conduct

Any use of the Services to violate any local, state or federal law or regulation, also violates this AUP. Prohibited activities include, but are not limited to:

• Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
• Using the services to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.);
• Intentionally spreading computer viruses;
• Exporting software or technical information in violation of U.S. export control laws;
• Gaining unauthorized access to private networks;
• Engaging in the transmission of pirated software;
• Unauthorized copying, distribution or display of copyrighted material;
• Conducting or participating in illegal gambling, soliciting for illegal pyramid schemes through electronic mail or USENET postings;

• Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Services;
• Threatening, harassing, abusing, or intimidating others;
• Engaging in activity, illegal or not, that  Vexus determines in its sole discretion, to be harmful to its subscribers, operations, or networks;
• Making fraudulent offers of products, items or services; or
• Creating or attempt to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of  Vexus.

Third Party Rules; Usenet

You may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.  Vexus reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

III. NETWORK MANAGEMENT

Vexus may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP.  Subscribers must comply with all such limitations prescribed by Vexus.

Network Security

It is your responsibility to ensure the security of your network and the equipment that connects to your services.  You are required to take all necessary steps to secure and manage the use of the Services received from Vexus in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability.

Failing to secure your system against abuse or fraudulent activity is a violation of this AUP. You are responsible for configuring and securing your network and the services you receive to prevent unauthorized access to your systems and/or the Vexus network. You are also responsible for any fraudulent activity that may occur due to your failure to secure your network and services.  You will be responsible if unknown third parties utilize your Services at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct.  You may not, through action or inaction (e.g. failure to secure your network), allow others to use your network for illegal, fraudulent or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines or the agreement for the Services you have purchased or applicable tariffs.

Responsibility for Content

You are responsible for any content you offer or receive through the Service.

Password Security

If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the services through your account. Attempting to obtain another user’s account password is prohibited.

Web Hosting and Data Center Hosting Surveillance

Vexus perform routine surveillance of its networks in connection with its web hosting, data center hosting, and related services. Although Vexus will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which Vexus, through its routine surveillance finds violations of this AUP, and reserve the right to take whatever action it deems appropriate in its sole discretion.

IV. CONTACT INFORMATION

Contact for Reporting Abuse

Any party seeking to report a violation of this AUP may contact us via Email at abuse@vexusfiber.com

Contact for Copyright Infringement

Vexus complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC § 512 (“Act”).  As required by the Act, we have a policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights.  In the event that we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber after receiving notice of any further copyright infringement by that subscriber.   Vexus accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent:

Dan Wheeler
Vexus
4006 W. Loop 289
Lubbock, TX 79401
Phone:  806-788-2915