Acceptable Use Policy

2017-2020

This Acceptable Use Policy (“AUP”) is incorporated by reference in your Master Service Agreement (“MSA”). Your use of Services under the MSA is subject to this AUP and this AUP applies to all persons and entities (collectively, “customers”) using the products and services of Vergent, LLC, (“Vergent”) including but not limited to Dedicated Internet Access service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Vergent network and the products and services Vergent offers to its customers. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

Vergent reserves the right to add, delete, or modify this policy at any time, effective immediately upon posting of the modification. Your use of Vergent’s products and services constitutes your acceptance of the AUP in effect at the time of your use. You are expected to check the AUP from time to time and take notice of any changes that Vergent makes as they are legally binding on You.

Vergent may suspend or terminate Your Services without notice if it determines that You are in violation of the AUP. No credit will be available under Your Service Level Agreement (“SLA”) for interruptions of Services resulting from AUP violations. Under this AUP “You” shall also mean any User of your Account.

Prohibited Uses

Unacceptable use includes, but is not limited to, any of the following:

1. Posting, transmission, re-transmission, or storing material on or through any of Vergent’s products or services, if in the sole judgment of Vergent such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

2. Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.

3. Resale of Vergent’s products and services without the express prior written consent of Vergent.

4. Utilizing any deceptive or intrusive marketing practice, including but not limited to creating or forwarding “chain letters” or other “pyramid schemes” of any type, unauthorized use or forging of mail header information.

5. Actions that restrict or inhibit anyone – whether a customer of Vergent or otherwise – in his or her use or enjoyment of Vergent’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

6. Intentionally distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious software code.

7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

8. Executing any form of network monitoring that will intercept data not intended for the customer.

9. Circumventing user authentication or security of any host, network or account.

10. Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).

11. Altering, disabling, interfering with or circumventing any aspect of the Services, including but not limited to permitting or facilitating unauthorized access to the Services (whether through distribution of Malicious software code or by any other means), or using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.

12. Failing to comply with Vergent’s procedures relating to the activities of customers on Vergent-owned facilities.

13. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of Vergent’s products or services.

14. Generating or facilitating unsolicited bulk or commercial email in violation of the CAN-SPAM Act or any other laws or regulations applicable to bulk or commercial email, including but not limited to sending any communications to persons who indicate they do not wish to receive them.

15. Harassment, whether through language, frequency, or size of messages, including solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.

16. Violating the rules or conventions for posting to any bulletin board, chat group, or other online forum or for violating the rules for any other Network which You access using the Services.

17. Violating or misappropriating the legal rights of others, including but not limited to privacy rights and intellectual property rights, or exposing trade secrets or other confidential information of others.

18. Probing, scanning, reverse engineering, or testing the vulnerability of any Vergent system, software, or network (unless authorized in writing by Vergent) or breaching Vergent’s security measures, whether directly or indirectly.

19. Breaching any applicable local, national, or international law or regulation.

20. Using the Services in any manner not authorized by Vergent, or in any manner that Vergent reasonably believes to be damaging to its reputation, business, system, network, or Services.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such. You are independently responsible for complying with all applicable laws related to Your use of the Services, regardless of the purpose of the use. Vergent encourages You to report violations to abuse@Vergent.net.

Declaration of Use

The traffic utilized over Vergent’s Local MPLS circuit(s) is intended to be Intrastate in nature. Traffic is Interstate if communication or the transmission of data traverses state lines. Your physical network may or may not traverse state lines. The physical end points of the facility over which the service is delivered is NOT the determinant of its jurisdictional assignment. If total traffic of 10% or more of Non-Internet Usage is transmitted over the circuit, the service will be considered interstate and Federal USF will apply. When Non-Internet Usage is less than 10%, the entire circuit is considered intrastate and any applicable in-state fees will apply.

The Customer acknowledges and certifies the relative percentage of utilization based on total traffic and the Customer also acknowledges it is the Customer’s obligation to notify Vergent promptly of changes that would impact this Declaration.

Enforcement

Vergent may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Vergent attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Vergent reserves the right to suspend or terminate based on a first offense.

Electronic Communications Privacy Act Notice

Vergent makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Vergent technology, and makes no guarantee that any other entity or group of users will be included or excluded from Vergent’s network. In addition, Vergent may periodically monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

Questions?

Unsure whether any contemplated use or action is permitted? Contact Vergent at (877) 635-4900 or (214) 270-0780.