ACCEPTABLE USE POLICY FOR INTERNET SERVICES
The Company has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of the Company’s Internet Service by residential and business customers (“Customer(s)”). This AUP is in addition to any terms and conditions contained in the subscriber agreement or other contract with the Company applicable to the Customer’s Internet Service (collectively, the “Terms and Conditions”).
The Company may revise this AUP from time to time by posting a new version on the Company’s website at www.lumosnetworks.net. Revised versions of this AUP are effective immediately upon posting. Customer recognizes and agrees that Customer’s continued use of the Company’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 the Company so that it can close the account. Questions regarding this AUP, or complaints of violations of it, should be directed to the Company at www.lumosnetworks.com.
PROHIBITED USES AND ACTIVITIES
General Prohibitions: This AUP prohibits any use of the Internet Service that is unlawful, harmful to the Company’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.
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 the Company’s network is prohibited. Such violations include but are not limited to:
a. 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;
b. Accessing any other person’s or entity’s computer or computer system, network, software or data without their knowledge and consent;
c. Reselling or redistributing (for example, through Wi-Fi) the Internet Service to anyone outside Customer’s premises, unless you are a business Customer subject to a written contract that expressly permits such use. 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);
d. 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
e. 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.
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.”
The Company uses 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 the Company’s Network Management Policy for more information.
The Company reserves the right to investigate violations of this AUP. The Company prefers 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 the Company, in its sole discretion, believes violates this AUP, the Company 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.
The failure of the Company 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 portions of this AUP will remain in full force and effect.
COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT
The Company is committed to complying 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 the Company’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 the Company, in its sole discretion, believes is infringing these rights.
Upon the Company’s receipt of a notice of claimed infringement that satisfies the requirements of the DMCA, the Company 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). The Company 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 person may send a counter notification to the Company. Upon the Company’s receipt of a counter notification that satisfies the requirements of DMCA, the Company will provide a copy of the counter notification to the person who 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 the Company will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Designation of Agent to Receive Notification of Claimed Infringement
Full Legal Name of Service Provider: Lumos Telephone Inc. d/b/a Lumos Networks. Alternative Name(s) of Service Provider: Lumos Telephone of Botetourt Inc.; Lumos Media Inc. Address of Service Provider: 1 Lumos Plaza, Waynesboro, VA 22980. Agent Designated to Receive Notification of Claimed Infringement: Abuse Department. Full Address of Designated Agent to which Notification Should be Sent: 1 Lumos Plaza, Waynesboro, VA 22980. Telephone Number of Designated Agent: 855-465-8667. Email Address of Designated Agent: email@example.com.
ACCEPTABLE USE POLICY FOR VIDEO (TV) SERVICES
The Company reserves the sole discretion to deny or restrict any of Customer’s Video / Television Services, or immediately suspend or terminate any such Service, if the use of any Service by Customer or anyone using it, in the Company’s sole discretion, violates the Company’s Terms and Conditions or any other Company policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Company’s network by the Company or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Capitalized terms not otherwise defined herein shall have the meaning for such term set forth in the Company’s Terms and Conditions. For avoidance of doubt, this AUP applies in addition to, and not in lieu of, any Acceptable Use Policy adopted by the Company relating to Internet Services.
COPYRIGHT INFRINGEMENT; REPEAT INFRINGER POLICY
The Company respects the intellectual property rights of third parties. Accordingly, Customer may not store any material or use the Company’s systems or servers in any manner that constitutes or results in an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Company may suspend or terminate any Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, the Company expressly reserves the right to suspend, terminate or take other interim action regarding any Service of any subscriber or account holder if the Company, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights the Company may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the Services in a manner that is not authorized by the copyright owner, its agent or the law, please contact the Company. The Company may, but is not required to, monitor Customer’s compliance, or the compliance of other customers, with this AUP. Customer acknowledges that the Company shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Services, including but not limited to content that violates the law, the Company’s Terms and Conditions or this AUP.