Acceptable Use Policy

ACCEPTABLE USE POLICY FOR
INTERNET SERVICES

POLICY STATEMENT

LiveOak Fiber has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of LiveOak Fiber’s Internet Service by its customers (“Customer(s)”). This AUP is in addition to the LiveOak Fiber Terms and Conditions and any terms and conditions contained in a service contract applicable to the Customer’s Internet Service (collectively, the “Terms and Conditions”).

LiveOak Fiber may revise this AUP from time to time by posting a new version on LiveOak Fiber’s website at www.liveoakfiber.com. Revised versions of this AUP are effective immediately upon posting. Customer recognizes and agrees that Customer’s continued use of LiveOak Fiber’s Internet Service will constitute Customer’s acceptance of this AUP as it may be amended.

Customer agrees to abide by and require each user of the Internet Service to abide by the terms of this AUP. Failure to do so could result in the suspension or termination of Customer’s Internet Service account. If any user does not agree to comply with this AUP, Customer must immediately stop all use of the Internet Service and notify LiveOak Fiber so that it can close the account. Questions regarding this AUP, or complaints of violations of it, should be directed to LiveOak Fiber at www.liveoakfiber.com.

PROHIBITED USES AND ACTIVITIES

General Prohibitions: This AUP prohibits any use of the Internet Service that is unlawful, harmful to LiveOak Fiber’s network, interferes with the use or enjoyment of the Internet Service received by others, infringes the intellectual property rights of others, or results in the publication of threatening or offensive material.

Violation of Intellectual Property Rights: The Internet Service shall not be used to upload, download, post, publish, transmit, reproduce, or distribute in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.

Threatening Material or Content: The Internet Service shall not be used to post or transmit material or content which is libelous, obscene, unlawful, threatening, or defamatory, or encourages conduct that would constitute a criminal offense.

Spam:  The Internet Service shall not be used to transmit, or collect responses from, unsolicited bulk or commercial messages commonly known as “spam.”

No Illegal or Fraudulent Use: The Internet Service may be used only for lawful purposes. Customer will not use or allow others to use the Internet Service in any manner that is in violation of any applicable federal, state, local or international law, order, or regulation.

Security Violations: Customers are solely responsible for maintaining the security of their systems and equipment that connect to and use the Internet Service. Any use of the Internet Service that violates the security or integrity of LiveOak Fiber’s network is prohibited. Such violations include but are not limited to:

1. Disrupting or degrading the performance of the Internet Service, including, without limitation, transmitting any files that contain a virus or other harmful feature regardless of intent, purpose or knowledge;
2. Accessing any other person’s or entity’s computer or computer system, network, software or data without their knowledge and consent;
3. Reselling or redistributing (for example, through Wi-Fi) the Internet Service to anyone outside Customer’s premises, or by a Customer to anyone of its tenants or guests, unless Customer is subject to a written contract that expressly permits such use.
4. Residential Customers agree to use the Internet Service for personal and non-commercial use only and agree not to use the Internet Service for any business purpose (whether or not for profit);
5. Using the Internet Service or facilities for web-hosting, email hosting or other unusually high-bandwidth consumption unless you are a business Customer subject to a written contract that expressly permits such use; or
6. Using the Internet Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless you are a business Customer subject to a written contract that expressly permits use of a static IP address.

NETWORK MANAGEMENT

LiveOak Fiber uses commercially reasonable tools and techniques that are consistent with industry standards to manage its network, deliver the Internet Service, and ensure compliance with this AUP and the Terms and Conditions. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Refer to LiveOak Fiber’s Network Management Policy for more information.

COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT

LiveOak Fiber endeavors to comply with U.S. copyright and related laws and requires all Customers and users of the Internet Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is LiveOak Fiber’s policy, in accordance with the DMCA and other applicable laws, to reserve the right to terminate the Internet Service, with or without notice, for any Customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who LiveOak Fiber, in its sole discretion, believes to infringe upon these rights.

Upon LiveOak Fiber’s receipt of a notice of claimed infringement that satisfies the requirements of the DMCA, LiveOak Fiber will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the Internet Service or (ii) disable access to the work(s). LiveOak Fiber will also notify the affected Customer or user of the Internet Service of the removal or disabling of access to the work(s). If the affected Customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that party may send a counter notification to LiveOak Fiber. Upon LiveOak Fiber’s receipt of a counter notification that satisfies the requirements of DMCA, LiveOak Fiber will provide a copy of the counter notification to the party that sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, Customer expressly agrees that LiveOak Fiber will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

AUP ENFORCEMENT

LiveOak Fiber reserves the right to investigate violations of this AUP.  LiveOak Fiber endeavors to inform Customers of inappropriate activities and give them a reasonable period of time in which to take corrective action, however, if the Internet Service is used in a way that LiveOak Fiber, in its sole discretion, believes violates this AUP, LiveOak Fiber may take any responsive actions it deems appropriate under the circumstances with or without notice, including, but not limited to, suspending or terminating Customer’s Internet Service account.

NO WAIVER

The failure of LiveOak Fiber to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Customer agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining provisions of this AUP will remain in full force and effect.

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