AFN's Acceptable Use Policy for AFN DATA and AFN Internet Products and Services
Ashland Fiber Network's (AFN) Acceptable Use Policy (the
"Policy") for AFN's DATA or Internet Products and Services is designed to help
protect AFN, AFN's customers and the Internet community in general from
irresponsible or, in some cases, illegal activities. The Policy is a
non-exclusive list of the actions prohibited by AFN. AFN reserves the right to
modify the Policy at any time.
PROHIBITED USES OF AFN'S SYSTEMS, PRODUCTS AND SERVICES
- Transmission, distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes, without limitation,
material protected by
copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control laws.
- Sending unsolicited mail messages, including the sending of "junk mail" or other
advertising material to individuals who did not specifically request such
material (e.g., "e-mail spam"). This includes, but is not limited to,
bulk-mailing of commercial advertising, informational announcements, and
political tracts. It also includes posting the same or similar message to one or
more newsgroups (excessive cross-posting or multiple-posting). AFN accounts or
services may not be used to collect replies to messages sent from another
Internet Service Provider where those messages violate this Policy or that of
the other provider.
- Unauthorized use, or forging, of mail header information (e.g., "spoofing").
- Unauthorized attempts by a user to gain access to any account or computer
resource not belonging to that user (e.g., "cracking").
- Obtaining or attempting to obtain service by any means or device with intent to
avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any
information of any AFN customers or end-users by any means or device.
- Knowingly engage in any activities that will cause a denial-of-service (e.g.,
synchronized number sequence attacks) to any AFN customers or end-users whether
on the AFN network or on another provider's network.
- Using AFN's Products and Services to interfere with the use of the AFN network
by other customers or authorized users.
Each AFN IP customer is responsible for the activities of its customer
base/representatives or end-users and, by accepting service from AFN, is
agreeing to ensure that its customers/representatives or end-users abide by this
Policy. Complaints about customers/representatives or end-users of a AFN IP
customer will be forwarded to the AFN IP customer's postmaster for action. If
violations of the AFN Acceptable Use Policy occur, AFN IP customer's Products
and Services reserves the right to terminate services with or take action to
stop the offending customer from violating AFN's AUP as AFN deems appropriate,
without notice.
Terms of Service
To ensure that all AFN Network users experience reliable
service, AFN requires users to adhere to the following terms and conditions. If
you have any questions or concerns regarding AFN service, call the appropriate
contact listed on your monthly billing statement. AFN DATA customers can contact
552-2222 and AFN Internet (Cable Modem) customers need to contact their
respective Internet Service Provider.
AFN Data Services
- Bandwidth use will be monitored at the AFN Headend.
AFN Internet
AFN Internet (Cable Modem
Services) are a "Best Effort" Service.
This means we will do our absolute best to
keep the service on line, but there is no
warranty as to availability.
Should an Uncapped Cable Modem Service site exceed the
maximum sustained downstream bandwidth of 256Kbps or maximum sustained upstream
bandwidth of 128Kbps [1] they will receive a notification requiring their
service level to be upgraded to the AFN DATA service to match the needs of
their usage.
Should a Capped Cable Modem Service site
exceed
the maximum sustained downstream
bandwidth of 128Kbps or maximum sustained
upstream bandwidth of 128Kbps [1] they will
receive a notification requiring their
service level to be upgraded to the AFN
Internet Uncapped service to match the needs
of their usage.
AFN Internet Static IP Services
- No reselling of bandwidth services. Web hosting limited
to single business site to service the business with the connection.
- Bandwidth use will be monitored at the AFN Headend.
AFN Internet Dynamic Services
- Dynamically Assigned IP Address
Use of fixed
addresses will be considered a theft of service and service will be
disconnected. Use of a device to clone a MAC address will also be considered a
theft of service and will be disconnected.
- No commercial activity of any kind.
- Individual or family personal web serving only.
- No email servers, reflectors or streaming media servers.
The Ashland Fiber Network will maintain the integrity and use of its bandwidth
and therefore strictly prohibits the reselling of bandwidth by any of its users
as listed above.
Use of Point to Point (P2P) applications may be restricted or prohibited if such
use is a detriment to the operation of the AFN Network.
Users must conform to our Acceptable Use Policy (AUP), Federal Communications
Commission rules and laws, and in the event AFN determines that any of our users
are acting in violation of our AUP, FCC regulations or State or Local law, we
will terminate the service immediately.
Your cooperation ensures that AFN users of all levels of service will experience
reliable high-speed Internet service.
[1] Measured by averaging usage in 5-minute increments, where use is above the
set rate for more than 20% in any single billing cycle.
City of Ashland and the Ashland Fiber
Network (AFN) Digital Millennium Copyright
Act Policy
AFN is an Online Service Provider under
Title II of the Digital Millennium Copyright
Act, 17 U.S.C. Section 512 ("DMCA"). AFN
respects the legitimate rights of copyright
owners, and has adopted an efficient notice
and takedown procedure as required by the
DMCA and described herein. This policy is
intended to guide copyright owners in
utilizing that procedure, and also to guide
webmasters in restoring access to websites
that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which
you can request any Online Service Provider
to disable access to a website where your
copyrighted work(s) are appearing without
your permission. There are two parts to the
legal procedure: (1) Writing a Proper DMCA
Notice, and (2) Sending the Proper DMCA
Notice to AFN's Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify AFN of
particular facts in a document signed under
penalty of perjury. We refer to this as a
"Proper DMCA Notice." To Write a Proper DMCA
notice, please provide the following
information:
-
Identify yourself as either:
a. The owner of a copyrighted work(s),
or
b. A person "authorized to act on behalf
of the owner of an exclusive right that
is allegedly infringed."
-
State your contact information,
including your TRUE NAME, street
address, telephone number, and email
address.
-
Identify the copyrighted work that you
believe is being infringed, or if a
large number of works are appearing at a
single website, a representative list of
the works.
-
Identify the material that you claim is
infringing your copyrighted work, to
which you are requesting that AFN
disable access over the World Wide Web.
-
Identify the location of the material on
the World Wide Web by providing
"information reasonably sufficient to
permit AFN to locate the material."
-
State that you have "a good faith belief
that use of the material in the manner
complained of is not authorized by the
copyright owner, its agents, or the
law."
-
State that the information in the notice
is accurate, under penalty of perjury.
Sign the notice with either a physical or
electronic signature.
Sending The Proper DMCA Notice to the
Designated Agent
To exercise your DMCA rights, you must send
your Proper DMCA Notice to the following
agent designated by AFN (the "Designated
Agent".) The contact information for AFN's
Designated Agent is:
Email: abuse@ashlandfiber.net
What We Do When We Receive A Proper DMCA
Notice
AFN will follow the procedures provided in
the DMCA, which prescribe a notice and
takedown procedure, subject to the
webmasters right to submit a
Counter-notification claiming lawful use of
the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of
the AFN system will comply with applicable
copyright laws. However, if AFN is notified
of claimed copyright infringement, or
otherwise becomes aware of facts and
circumstances from which infringement is
apparent, it will respond expeditiously by
removing, or disabling access to, the
material that is claimed to be infringing or
to be the subject of infringing activity.
AFN will comply with the appropriate
provisions of the DMCA in the event a
counter notification is received by its
Designated Agent.
Notice to Users of AFN Systems
Pursuant to the Terms of Service Agreement
you agreed to when you were permitted to
become a System User, you are required to
use only lawfully-acquired creative works as
website content, and your website may be
disabled upon receipt of notice that
infringing material is appearing there. (AFN
also respects the legitimate interests of
webmasters in utilizing media content
lawfully, being permitted to present a
response to claims of infringement, and
obtaining timely restoration of access to a
website that has been disabled due to a
copyright complaint.)
Your System Use privileges will also be
suspended. You may protest a DMCA notice by
submitting a Counter-notification as
described below.
Writing and Submitting a
Counter-notification
If access to your website is disabled due to
operation of the AFN notice and takedown
procedure described above, and you believe
the takedown was improper, you must submit a
Counter-notification.
Writing a Counter-notification
To Write a Proper Counter-notification,
please provide the following information:
-
State that access to your website was
disabled due to operation of the notice
and takedown procedure.
-
identify the material that has been
removed and designate its URL prior to
removal.
-
State, under penalty of perjury:
a. Your name, address, and telephone
number,
b. That you "have a good faith belief
that the material was removed or
disabled as result of mistake or
misidentification of the material
c. That you "consent to the jurisdiction
of the Federal District Court for the
judicial district in which the address
is located."
Sending the Counter-notification
To exercise your DMCA rights, you must send
your Counter-notification to the "Designated
Agent" for AFN, whose contact information
is:
Email: abuse@ashlandfiber.net
Repeat Infringers
If a customer is violating the Company's
DMCA Policy or any of the Terms &
Conditions, they will be subject to
immediate termination. Furthermore, repeat
infringers will not be tolerated.
Accommodation of Standard Technical Measures
It is AFN's policy to accommodate and not
interfere with standard technical measures
it determines are reasonable under the
circumstances, i.e., technical measures that
are used by copyright owners to identify or
protect copyrighted works.
Policy With Regard To Non-Compliant
Communications
AFN has discretion to handle non-compliant
notices in whatever manner appears to be
reasonable given the circumstances
presented.
Submission of Misleading Information
The submission of misleading information of
any sort in a notification or
counter-notification submitted to AFN voids
any claim of right made by the submitting
party.
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