Internet Disclosure

The FiberHawk AUP applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively “IP Services”). Customer is responsible for the actions of others who may be using the IP Services under Customer’s account (“Users”). It is the Customer’s obligation to take whatever measures are necessary to protect access to Customer’s account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, FiberHawk may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.

Customer’s failure to observe the guidelines set forth in this AUP may result in Swayzee Communications taking actions ranging from a warning to a suspension of privileges or termination of Service(s). FiberHawk reserves the right, but does not assume the obligation, to strictly enforce this AUP. When feasible,  may provide Customer with notice of an AUP violation via e-mail or other methods and demand that such violation is immediately corrected.  However, FiberHawk reserves the right to act immediately and without notice to suspend or terminate IP Services in response to a court order or other legal requirement that certain conduct should be stopped or when FiberHawk determines, in its sole discretion, that the conduct may: (1) expose FiberHawk to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Swayzee Communications network(s) or facilities, (3) interfere with another person’s use of Swayzee Communications IP Services or the Internet, or (4) otherwise present a risk of harm to FiberHawk or FiberHawk or other parties FiberHawk interconnects with.

FiberHawk decisions with respect to interpretation of the AUP and appropriate remedial actions are final and shall be determined by FiberHawk in its sole discretion. FiberHawk may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake.  FiberHawk assumes no obligation to inform you that your information has been disclosed and, in some cases, may be prohibited by law from providing such notice.

FiberHawk will not issue any refunds, credits or other forms of compensation for the period when IP Services have been suspended as a result of violation(s) or alleged violation(s) of this AUP.  FiberHawk shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from FiberHawk exercise of its rights under this AUP.

FiberHawk is committed to complying with the laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its customers the ability to use FiberHawk network and the Internet without interference or harassment from other users.  You are prohibited from using IP Services in any way that is unlawful, interferes with use of FiberHawk network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes upon intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks.  Customer will not resell or provide Service(s) to unauthorized third parties, whether as part of a commercial enterprise or otherwise.  Customer is prohibited from engaging in any other activity, whether legal or not, that FiberHawk determines in its sole discretion to be harmful to its subscribers, operations, or network(s).

FiberHawk IP Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to FiberHawk network or to the network of any other IP Service provider. Customer shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.