The following Commercial Acceptable Use Policy and Customer Agreement (the “AUP”) applies to any person, entity or business organization (collectively, “you”) who subscribes to or uses or access RS Fiber Cooperative’s commercial high-speed Internet access service (the “Service”), including access of the RS Fiber Cooperative network through (“rsfiber.coop“). References to RS Fiber in this AUP include RS Fiber Cooperative its parent company and its subsidiaries and other affiliates.
-THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 22 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
By accessing the Service, you agree to be bound by all of the following terms and conditions of this AUP as it may be amended from time to time. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of RS Fiber in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
You must provide and are responsible for all computer hardware and other equipment necessary to access or use the Service (“Customer Equipment”). At a minimum, this includes a DOCSIS 2.0 or higher cable modem (we recommend 3.0), and a computer with a USB port or Ethernet card, meeting the following system requirements:
- Microsoft Windows Server 2008 and above, Windows 7, 8 and 10.
- Mac OS currently supported by Apple, Inc.
You may use your own Customer Equipment or lease equipment, including modems and routers, from us. Customer Equipment is not recommended for use if it does not meet our minimum technical or other specifications including, but not limited to, modems not currently certified by us as compatible with Internet and other Customer Equipment, including, but not limited to: certain makes or models of alarm and security systems or devices, certain medical monitoring devices, personal emergency alert, and home detention devices, certain fax machines, and certain “dial-up” modems, private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. We reserve the right to deny support for the Service and/or terminate Service if you use a configuration that does not meet our minimum technical or other specifications. If You use your own or non-recommended equipment and it fails to operate and/or causes damage, RS Fiber will not be liable whatsoever for any such damage, failure to operate, or failure to attain advertised Internet speeds. PLEASE BE ADVISED THAT ACTUAL INTERNET SPEEDS MAY VARY BASED ON THE TYPE AND CONDITION OF WIRED CONNECTIONS AND CUSTOMER EQUIPMENT UTILIZED.
We have no responsibility for the operation, support, maintenance or repair of any inside wiring.
We have no responsibility for the operation, support, maintenance or repair of Customer Equipment including, but not limited to, Customer Equipment to which we or a third party has sent software or downloads. You agree that by using the Service, we, or our authorized agents and equipment manufacturers, are authorized to send code updates to the Customer Equipment, including, but not limited to, modems, at any time we determine it is necessary to do so. Such code updates may change, add or remove features or functionality of the Customer Equipment or the Service.
RS Fiber does not provide technical assistance for third-party hardware or software, including but not limited to home networks. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product.
You may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the same that is not authorized by RS Fiber. You may attach equipment of your choosing to the cable modem outlet that is interoperable with the Equipment and the Service, provided it does not harm the Equipment, Service, or RS Fiber’s network. If you do attach equipment that harms the Equipment, Service, or RS Fiber’s network, you will be subject to liability for damages and/or criminal prosecution.
1. Use of Service
The Service is being provided solely for use in your business and any unauthorized access by a third party to the Internet, or any other function of the Service, relieves RS Fiber of any affirmative obligations it may have, and is in violation of this AUP.
You will not resell or redistribute, nor allow others to resell or redistribute, access to the Service in any manner, except as expressly provided herein. The limitation on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of email, FTP and Telnet access.
You may provide a wireless network (WiFi) service at your place of business to redistribute RS Fiber’s service to wireless devices. You must adequately secure any such WiFi network in accordance with section 4 below. You are solely responsible for obtaining all required equipment for any such WiFi network and for ensuring that you do not otherwise alter, modify or tamper with the Equipment or the Service. As explained in section 2 below, you are responsible for ensuring that all end users of the Service comply with all terms of this AUP, and that includes all users of any WiFi network you provide. You are solely responsible for obtaining sufficient identification of users of your WiFi network. In addition, you are solely responsible for securing the network in accordance with Section 4 below.
RS Fiber reserves the right to disconnect or reclassify the Service for failure to comply with any portion of this provision or this Policy.
Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s Service.
2. End Users
You are responsible for ensuring that all end users of the Service comply with this AUP. RS Fiber may disconnect Service if an end user violates this AUP. You must make contact information publicly available and must respond in a timely manner to any complaints. You are responsible for any and all email addresses associated with your account.
You are responsible for any misuse of the Service, whether by authorized or unauthorized end users. You must take all commercially reasonable steps to ensure that others do not gain unauthorized access to the Service. You are solely responsible for the security of (i) any device you choose to connect to the Service, including any data stored or shared on that device and (ii) any access point to the Service.
If you sell or resell advertising or web space to a third party, then you are responsible for the content of such advertising on such web space and the actions of such third party.
3. Conduct on the Service
You are prohibited from violating or attempting to violate, or allowing others to violate, the security of the Service, or using, or allowing others to use, the Service for illegal purposes. Any violations may result in termination of your account, additional Service fees, prosecution under federal and/or state law and/or civil or criminal penalties to you. RS Fiber will cooperate, to the extent permitted by law, with the appropriate governmental, regulatory, and/or law enforcement agencies if a criminal violation is suspected.
Examples of violations include without limitation, the following:
- Any restriction or inhibition of any other valid RS Fiber subscriber from use of the Service or access to the RS Fiber Cooperative network;
- Allowing unauthorized access to your account;
- Use of your account in any manner inconsistent with any applicable contract for Service;
- Any download, receipt, upload, post, publication, reproduction, transmission, or other distribution or the facilitation of distribution of any Content that:
- is a web page, website, files transfer protocol server, file server or game server whose daily average data transfer negatively impacts the service;
- contains a virus, bot, trojan horse, worm, constitutes a denial of service attack, or other computer code, file, program or information such as any lock, key, bom, worm, cancelbot, or other harmful feature that is designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- is unlawful, fraudulent, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable material of any kind, including without limitation any transmissions inciting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law (including without limitation the U.S. export control laws and regulations and the Children’s Online Privacy Protection Act);
- creates any type of spam, mass distribution or other unsolicited email, advertisement or newsgroup posting inappropriate to the rules of that newsgroup, for any purpose whatsoever; that circumvents the approval process for posting to a moderated Newsgroup, or that “floods”, “newsbombs” or otherwise disrupts users of Newsgroups by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, cancel messages of others (except as authorized moderator), send excessive quantities of data to a Newsgroup, post binary files to Newsgroups that do not expressly permit them; or download any Newsgroup in bulk unless expressly permitted;
- infringes the patents, trademarks copyrights, trade secrets or proprietary rights of any other person or entity (including without limitation the digitization of music, movies, photographs or other copyrighted material or software);
- harms minors;
- impersonates any person or entity or falsifies your user name, company name, age or identity; or contains a forgery of anyone else’s digital or manual signature.
- Any post, publication, transmission, reproduction, or distribution that in any way exploits any information, software or other material obtained through the Service for commercial purposes except as expressly permitted by the provider of such information, software or other material;
- Any attempt to disrupt or penetrate the security of the Service or any attached network service or other computer system for any purpose whatsoever;
- Access of any directory structure within the Services file system(s) which is not either the home directory assigned to that user or a temporary directory in the /tmp tree;
- Leaving files within a temporary storage area (i.e. /tmp) for more than 48 hours;
- Any intentional or unintentional violation of any applicable local, state, federal or international law;
- Access of any account which you are not authorized to access; or
- Use of tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools. Participating in, or allow others to participate in, the collection of email addresses, screen names, or other identifiers of others (without their prior express consent), a practice known as spidering or harvesting, or participate in the use of software (including “adware” or “spyware”) designed to facilitate this activity; or
- Forging, altering, or removing electronic mail headers or message header of any other electronic transmission, deceiving any recipient as to the identity of the sender through any process, and referencing, or allowing others to reference RS Fiber or the RS Fiber network (e.g., by including “RS Fiber” or “RS Fiber Cooperative” or similar term in the header or by listing an IP address that belongs to RS Fiber) in any unsolicited email even if that email is sent through the RS Fiber network or Service (in addition to the prohibition on sending spam addressed above).
- Participating in or allowing others to participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet (“Chat Rooms”) that you or the person using your service has been banned from using. You will not, nor allow others to violate the Acceptable Use Policy of the server or Chat Room. In addition, you will not, nor allow others to: flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others); use automated programs such as “bots” or “clones” to participate in Chat Rooms unless you are physically present at your computer; manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges that you are not entitled to; send Chat Room messages to recipients who have indicated their desire not to receive such messages; or forge alter, or hide your identity (other than by using a nickname from which RS Fiber may, if necessary, determine your real name).
You acknowledge and agree that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of your equipment. You are responsible for taking and should take all appropriate security measures when using the Service. This includes but is not limited to procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, updates, or supplements that may be necessary for (i) the protection and maximum functionality of your computer and related equipment and (ii) the protection of RS Fiber’s network and other customers. For purposes of clarification, RS Fiber hereby disclaims any and all responsibility and liability for any damages that may arise from your failure to procure or install the aforementioned security software and/or hardware.
You agree that RS Fiber may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate Spam. RS Fiber may take other actions to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering. In addition, RS Fiber may, without liability, immediately suspend or terminate access by Customer to the network, with or without notice to you, to secure its network. RS Fiber may take these actions in situations including, but not limited to, where your computer becomes infected with any Virus, that RS Fiber believes, in its sole discretion, may harm the RS Fiber network or disrupt the performance of the Service for other users or where You are transmitting or are otherwise connected with what RS Fiber considers in its sole discretion to be spam. You agree that RS Fiber is entitled to damages if you are transmitting or is otherwise connected with spam.
You are solely responsible for the security of any device connected to the Service, including any data stored on that device. RS Fiber recommends that you take appropriate security precautions for any systems connected to the Service. You are responsible for securing any WiFi networks connected to your Act Service. Operating or providing a wireless network installed by you or an RS Fiber representative that is unsecured or “open” and connected to the RS Fiber network is a violation of this AUP and may result in termination of your service.
5. No Excessive Use of Bandwidth
If RS Fiber determines, in RS Fiber’s sole discretion, that you are using an excessive amount of bandwidth over the RS Fiber network infrastructure for Internet access or other functions using public network resources, and which we deem disruptive to or harmful to RS Fiber’s network and other users, we may adjust your Service and/or adjust, suspend or terminate your account at any time and without notice, or require you to upgrade your commercial account service level and pay additional fees in accordance with our then-current, applicable, published rates for such service.
6. Other Service Provider’s Acceptable Use Policies
RS Fiber obtains services from and relies upon many other entities to provide the Service to you. Where you access services of other entities through the Service, you agree to and shall abide by the acceptable use policies of such other entities.
7. International Use
The Internet is global. As such, you agree to comply with all local rules regarding online conduct and acceptable Content, including without limitation, United States export control laws and/or other federal rules and regulations restricting exports.
The Service may provide links to sites operated and controlled by third parties. RS Fiber has no control over such sites and you acknowledge and agree that RS Fiber is not responsible for the availability or content on such sites and does not endorse such sites.
9. Monitoring the Service
For content on RS Fiber’s servers, RS Fiber reserves the right at all times and without notice and you agree that RS Fiber has the right to refuse to post, to remove, restrict access to, or make unavailable any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this AUP, including but not limited to content it considers obscene lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in RS Fiber’s possession about or related to you, your use of the Services or otherwise as RS Fiber deems necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.
10. Customer Payment Obligations
10.1. Monthly Service Fees: RS Fiber will bill you a standard monthly fee for the Service. You agree to pay the bill by its due date and to be responsible for any and all charges, damages and costs that you or anyone using your account incurs. If you lease equipment from RS Fiber, additional monthly charges will apply. In addition, you agree to pay all applicable taxes. RS Fiber may also charge a monthly support maintenance fee or a per instance support charge, depending on your location, for technical support services related to the Service including, but not limited to repairs, or for any Service features. RS Fiber may change the amount of the standard monthly fee, the Internet equipment rental fee, or any applicable monthly maintenance fee upon thirty (30) days written notice. RS Fiber will identify any per instance support charges to you prior to providing any technical support that would result in such charge(s).
10.2. Installation Fees: RS Fiber may charge you a one-time installation fee.
10.3. Late Fees, Collections Expenses and Termination for Unpaid Balances: If your payments are not current, RS Fiber may impose a late fee, or the Service may be disconnected without notice, and RS Fiber may remove RS Fiber’s equipment from your premises. You will also be liable to pay RS Fiber for all attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on your Account.
11. No Service Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RS Fiber DOES NOT WARRANT THAT THE SERVICE (I) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR (II) THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED OR (III) THE SERVICE WILL MEET YOUR REQUIREMENTS.
RS Fiber DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO CONNECT AT YOUR MODEM’S MAXIMUM CONNECTION SPEED. YOU UNDERSTAND AND AGREE THAT RS Fiber DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE RS Fiber NETWORK OR THAT ANY SPEED OR THROUGHPUT OF YOUR CONNECTION TO THE RS Fiber NETWORK WILL BE AVAILABLE TO YOU. You understand and agree that the speed of the Service provided at your site will vary depending upon a number of factors, including your computer system(s) and associated equipment, Internet traffic, and associated equipment, and other factors such as system capacity limitations, governmental actions, events beyond RS Fiber’s control, and System failures, modifications, upgrades and repairs.
NO ADVICE OR INFORMATION GIVEN BY RS Fiber, ITS AFFILIATES, LICENSEES OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY.
You understand further that, except for information, products or services clearly identified as being supplied by RS Fiber, RS Fiber does not operate or control any information, products or services on the Internet in any way. All merchandise, information and services offered or made available or accessible through the Service or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with RS Fiber.
RS Fiber DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY CONTENT OR SERVICE PROVIDED THROUGH THE SERVICE, USE THEREOF OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. RS Fiber DOES NOT WARRANT THAT ANY MERCHANDISE, INFORMATION, OR SERVICES OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
You acknowledge and understand that RS Fiber utilizes anti-spam software and that such security technology is a feature of the Service that may block incoming and outgoing electronic mail. RS Fiber does not warrant that such feature will block all unwanted mail/Spam. Consistent with other statements set forth in this section, RS Fiber does not warrant that such feature will be error-free.
In addition, in its sole discretion, RS Fiber may make available to your security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, anti-spyware or anti-adware software for your use on your computer system(s) in conjunction with the Service. Any such security software provided by RS Fiber to you is intended to provide only a minimal level of protection to your computer system(s). YOU UNDERSTAND AND AGREE THAT RS Fiber AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT RS Fiber ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE.
12. Limitation of Liability
RS Fiber’s entire liability and YOUR exclusive remedy with respect to the use of the Service or its software and equipment or any breach by RS Fiber of any obligation RS Fiber may have under this agreement shall be Your ability to terminate the Service or to obtain the replacement or repair of any defective software or equipment. UNDER NO CIRCUMSTANCES SHALL RS Fiber, ITS AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS OR CONTRACTORS BE OTHERWISE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS LIMITATION APPLIES WHETHER THE ALLEGED CLAIM IS BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF RS Fiber HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, under no circumstances shall RS Fiber be liable for damages for failure to furnish, or the degradation or interruption of any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, pin misalignment, uneven TV, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. RS Fiber shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of services.
Upon the request of RS Fiber, you further agree to defend, indemnify and hold harmless RS Fiber and its employees, agents, contractors, officers and directors from any and all liabilities, claims costs and expenses, including reasonable attorneys’ fees, related to your use of or access to the Service or your violation of any terms and/or conditions of this AUP. RS Fiber reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RS Fiber in asserting any available defenses.
14. Intellectual Property
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) is protected by copyrights, trademarks and other intellectual property and proprietary rights worldwide, in all media and technologies, and your use of the Service and the materials thereon is subject to RS Fiber or its licensors rights, as well as the terms of this AUP. All rights not expressly granted herein are reserved. You agree to use the Service only for personal and noncommercial purposes and RS Fiber grants you a nonexclusive, nontransferable license to use the Software only for those purposes in connection with the Service.
Your license to use any software provided by RS Fiber and its suppliers and licensors is contingent upon your compliance with all use and other restrictions contained in this agreement and AUP. Except as otherwise expressly provided by law, you will not copy (except for personal and noncommercial use), modify, distribute, transmit, display, perform, license, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code transfer or sell assign, sublicense, grant a security interest in or otherwise transfer any right in the Software any information, trademarks, service marks, software, products or services obtained from the Service. All trademarks, names and logos mentioned herein are the property of their respective owners. RS F