Tru Fiber High Speed Internet Access Service Acceptable Use Policy
The Tru Fiber Terms of Service (“Terms”) refers to the terms specified below
Communicating with Tru Fiber
You agree to receive all communications about the services and your account via email, including any confirmations, bills for Services and Payment Receipts. You also agree that Tru Fiber May contact you regarding the Services through the contact information associated with your account including by direct mail, email, telephone calls, and SMS/text messaging.
Eligibility for Fiber Services
Tru Fiber reserves the right to determine whether any Services are made available to a particular address.
You may be required to pay a service initiation fee, construction fee or other similar fees in connection with signing up for Services. Service initiation fees, construction fees, and other similar fees are subject to change.
If Tru Fiber determines that the address at which you receive Services is not a residential address, Tru Fiber may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in fees for the Services.
Tru Fiber Installation
You agree to provide Tru Fiber and its agents with all necessary access to the premise at the address where you signed up for services to be installed (“Your Residence”) You agree that Tru Fiber may install equipment on the exterior and interior of your residence including affixing equipment to the outside of your residence at any reasonable location. You also agree that Tru Fiber may use, and that you have the necessary permission to approve Tru Fiber’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services. Trunk Fiber has been installed in the Utility Right of Way that may cross your property. You agree that from that Right of Way Tru Fiber is allowed to trench and lay fiber to your home.
If you rent or otherwise do not own your residence, you are required to provide written evidence that you have received all permissions necessary for Tru Fiber to perform installation services. If Tru Fiber incurs any costs, including attorneys’ fees because you did not get the necessary authorization(s) for Tru Fiber to install the equipment required for the services, you are responsible for reimbursing Tru Fiber for those costs.
Acceptance of these Terms does not guarantee that Tru Fiber will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.
Prohibited Uses and Activities
In general, the Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, interfere with or diminish the use and enjoyment of the Service by others, or impede Tru Fiber from providing the Service or operating its business. These prohibited uses and activities include, but are not limited to, using the Services, customer-provided equipment, or Tru Fiber-provided equipment, either individually or in combination with one another, to:
Conduct and information restrictions
• undertake or accomplish any unlawful purpose;
• upload, download, post, store, send, transmit, or disseminate any information or material which is harassing, threatening, or intimidating;
• upload, download, post, publish, transmit, reproduce, or in any other way infringe copyrights of third parties;
• transmit unsolicited bulk or commercial messages commonly known as “spam;”
• collect responses from unsolicited bulk messages;
• send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, newsgroup, or chat service;
• collect very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
• falsify, alter, or remove message headers with an intent to deceive;
• falsify references to Tru Fiber or its network, by name or other identifier, in messages;
• impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
• violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access;
• access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
• use or distribute tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
• distribute programs that make unauthorized changes to software (cracks);
• use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
• use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN.
• service, alter, modify, or tamper with Tru Fiber Equipment or Service or permit any other person to do the same who is not authorized by Tru Fiber;
Network and Usage Restrictions
• restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
• restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Tru Fiber (or Tru Fiber supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Tru Fiber (or Tru Fiber supplier) facilities used to deliver the Service;
• resell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Service is for personal and non-commercial residential use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose (whether or not for profit);
• connect the Tru Fiber Equipment to any computer outside of your Premises;
• interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
• access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so;
• engage in Excessive Use, as defined below.
CUSTOMER CONDUCT AND FEATURES OF THE SERVICE
What are your obligations under this Policy?
You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you should take steps to ensure that others do not gain unauthorized access to the Services and ensure that users you have authorized do not engage in any of the “Prohibited Uses and Activities” identified above.
You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Tru Fiber recommends against enabling file or printer sharing of any sort. Tru Fiber recommends that any files or services you do choose to make available for remote access be protected with a strong password, personal firewall or as otherwise appropriate.
How Does Tru Fiber address inappropriate content and transmissions?
There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is harassing, threatening, intimidating, pornographic or offensive, particularly to children. Tru Fiber does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and Tru Fiber shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Tru Fiber reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. Tru Fiber does not have any obligation to monitor transmissions made on the Services. However, Tru Fiber does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing Tru Fiber to reproduce, publish, display, transmit and distribute such content as necessary for Tru Fiber to deliver the content in a timely manner.
What requirements apply to Electronic Mail?
The Services may not be used to or distribute e-mail or other forms of communications in violation of the “Prohibited Uses and Activities” described above. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or another resource which uses the Services. You may not create a username or email address that, in the sole judgment of Tru Fiber, is pornographic, patently offensive or misleading. You may not reference the Tru Fiber network (e.g., by including “Organization: Tru Fiber ” in the header or by listing an IP address that belongs to the Tru Fiber network) in any unsolicited email even if that email is not sent through the Tru Fiber network. In the event that Tru Fiber believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Tru Fiber (i) reserves the right to block access to and prevent the use of any of these identifiers, and (ii) may at any time require any customer to change his or her identifier. Tru Fiber may at any time reserve any identifiers on the Service for Tru Fiber’s own purposes. Tru Fiber is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Tru Fiber’s sole discretion. Tru Fiber is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send an e-mail to you. In addition, Tru Fiber may suspend or delete a Tru Fiber email address after three (3) months of inactivity or other evidence of non-use.
What requirements apply to instant, video, and audio messages?
Each user is responsible for the contents of his or her instant, video, and audio messages and the consequences of any of these messages. Tru Fiber assumes no responsibility for the timeliness, mis-delivery or deletion of, or any failure to store, these messages. In the event that a Service account is terminated for any reason, all instant, video, and audio messages associated with that account (and any secondary accounts) will be permanently deleted as well.
NETWORK MANAGEMENT AND LIMITATIONS ON BANDWIDTH CONSUMPTION
Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of Tru Fiber) an unusually large burden on the network itself.
Resale and Redistribution
Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.
Billing and Payment
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, or someone authorized by you.
Tru Fiber will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Tru Fiber billing account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services.
You authorize Tru Fiber to automatically collect payments of any and all fees associated with your use of Services from your designated payment method. If Payment is not received due to insufficient funds or for any other reason, Tru Fiber may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services.
Changing and Canceling Services; Termination
You may cancel the Services at any time. If you have the Managed Router Service and do not return the Router there will be a $99.00 charge added to your account.
Tru Fiber reserves the right to terminate the Services it provides to you at any time, in its sole discretion, for any reason, without notice.