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General Terms and Conditions

Application and Consequences

By using the network and services provided by Underline (the “Underline Access Services”), each Subscriber consents to be bound by the terms of this Acceptable Use Policy (“AUP”).

This AUP is part of the Service Agreement between Underline and the Subscriber, along with the General Terms and Conditions and the General Statement of Policy.

Underline reserves the right, in its sole discretion, to modify this AUP at any time. Such modification will be effective when posted. Any use of the Underline Access Services after such modification shall constitute acceptance of such modification.

Violations of this Policy are grounds for suspension and termination of your Underline Access Services. In such an event, termination fees and other charges may apply.

Underline has the right to cooperate with law enforcement agencies and other third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Subscribers deemed responsible for the wrongdoing.

Benefits of Network Use

Underline provides Subscribers with an “open access” fiber optic network.

On an open access network, Subscribers can select their preferred Internet Service Provider from a number of options, as well as other services and applications through the Underline website and marketplace.

The goal of the Underline network is to enable and encourage Subscribers to have access to information, online education, entertainment, purchasing and posting opportunities, enhanced job training and opportunities, access to telehealth services and other advanced conveniences available in a thriving community.

Subscribers should use the services in a responsible manner:

  • For personal and/or business use
  • As part of a community (and social network) of users seeking to benefit from secure, reliable, and productive data and communication services.

Proper Standards of Conduct

As a Subscriber, you are responsible for the information you access and the material you create and store. The Internet contains unedited materials that may be offensive or objectionable to you. You access these materials at your own risk. Underline has no control over and accepts no responsibility for these materials. Subscriber may wish to utilize software designed to limit access to certain material on the Internet.

While Underline strives to keep the network secure, no network security is perfect. You are ultimately responsible for the security of your data and for taking appropriate measures to protect it. Underline is not responsible for damages and loss caused by your inattention to these standards.  

Neither Underline nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made on the network. However, Underline and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, any business service agreement, and applicable law.

When you access third party sites, search engines and app stores, you should adhere to the applicable rules, guidelines and agreements that govern their use, including the terms of service for the Service Providers that you select on the Underline Marketplace. For example, you should comply with the applicable bandwidth, data storage and other limitations of the services.  If excessive bandwidth utilization is determined to adversely affect service to other customers, action may be taken to alleviate the problem.

You are responsible for all activities on your device and with respect to your account, whether that activity originates with you or with someone else accessing your system.

Unacceptable Activities

Violations of Law: Do not use Underline Access Services to engage in illegal, fraudulent, threatening or abusive activities. Examples of this type of unacceptable behavior include acts of terrorism, defamation, harassment, advocating hate crimes, fraudulently charging credit cards, pirating software or content, or making fraudulent offers to sell or buy products, items, or services.

Furthermore:  

  • Do not violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
  • Do not impersonate any person or entity, engage in address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity; Do not attempt to utilize another Subscriber's account name or persona without authorization from that Subscriber;
  • Do not make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters”; and
  • Do not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software.

Harmful Conduct:  Do not use Underline Access Services to interfere with or negatively impact other people’s use of the service or the network.  Examples of this type of unacceptable behavior include the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity, any activity associated with “phishing”, or “pharming” (and all other variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses.

Furthermore:  

  • Do not transmit unsolicited bulk or commercial messages commonly known as “spam”;
  • Do not undertake actions intended to deny service to others; and
  • Do not send large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service.

Threats to Network Security: Do not violate or attempt to violate the security of the Underline Access Services or other providers.  Do not gain access to a system, device or network to which you do not have explicit permission to use.

Furthermore:  

  • Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Do not attempt to interfere with, disrupt or disable service to any Subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing"; and
  • Do not falsify, alter, or remove message headers.

Violation of Service Standards:  Do not violate (or assist another person to violate) any aspect of this AUP.  

  • Do not take any action in order to obtain services to which such Subscriber is not entitled;
  • Do not obtain or attempt to obtain Services by any means or device with intent to avoid payment;
  • Do not undertake any action designed to circumvent or alter any method of measuring or billing for Underline Access Services and selected ISP services; and
  • Underline Access Services are for Subscribers’ own personal and/or business use. Do not resell, redistribute, or share the Services with any third parties without prior express permission under the applicable service agreement.  

This Policy is in addition to any other restrictions contained in any applicable Service Agreements, terms, and conditions.

In the event that you violate this AUP, Underline may restrict your access to Underline’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply

Interpretation

The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Underline reserves the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill, violate the accepted norms and ethics of the Internet community, or that affect the quality of our services or our ability to provide services.

Indemnification

As a Subscriber, you agree to indemnify and hold harmless Underline, and its suppliers and officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this AUP. This Section will not be construed to limit or exclude any other claims or remedies that Underline may assert under this AUP, the Service Agreement or by law.

Investigations

Underline reserves the right to investigate suspected violations of this AUP and the Service Agreement. When Underline becomes aware of possible violations, Underline may initiate investigation which may include gathering information from Subscriber or Subscribers involved and the complaining party, if any, and examination of Subscriber’s Material on Underline’s servers. Subscriber’s Material collectively includes, but is not limited to, any software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content.  During an investigation, Underline may suspend the account or accounts involved and/or remove Subscriber’s Material involved from its servers. If Underline believes a violation of this Service Agreement has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of Subscriber’s Material from Underline’s servers, warnings to Subscriber or Subscribers responsible, and the suspension or termination of the account or accounts responsible. Underline, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Service Agreement could also subject the Subscriber to criminal or civil liability.