GRID Fiber Acceptable Use Policy

Any usage of services provided by Summit Technology LLC constitutes acceptance of this agreement. It is the responsibility of each subscriber to exercise such control and discretion as is necessary to comply with the conditions of this Acceptable Use Policy and the subscriber agrees to indemnify and hold harmless Summit Technology LLC for any damages caused by violation thereof. 

Summit Technology LLC reserves the right to refuse service to anyone for any reason. We reserve the right to make modifications to these operating rules without any prior notification. It is the responsibility of our clients to refer to this document as often as is necessary. Users accounts that are terminated or restricted because of breach of Summit Technology LLC policy are not subject to any refunds and will be subject and responsible for any termination liability. 

1 Overview

Summit Technology, LLC, and its affiliates (collectively, “Summit,” “we” or “us”) have formulated this Acceptable Use Policy (“AUP”) to encourage the responsible use of our networks, systems, services, websites, and products (collectively, the “GRID ISP (Internet Service Provider) Network”) by our Clients and other users of the GRID ISP Network (collectively, “Users”), and to enable us to provide Users with secure, reliable, and productive services. 

By using the GRID ISP Network, Users consent to be bound by the terms of this AUP. We reserve the right to modify this AUP at our discretion at any time. Such modifications will be effective when posted. Any use of the GRID ISP Network after such modification shall constitute acceptance of such modification. 

2 Suspension and Termination

Any User that violates any element of this AUP may be subject to a suspension or termination of service, and if we deem it necessary, immediate suspension or termination of such User’s service without notice. We may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by any Client, User, or any third party resulting in whole or in part from our exercise of our rights under this AUP. 

3 Prohibited Content

In General. The GRID ISP Network must be used in a manner that is consistent with the intended purpose of the GRID ISP Network and may be used only for lawful purposes. Users shall not use the GRID ISP Network to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the GRID ISP Network or other Summit Clients; or (c) that may expose us to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider’s AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider’s AUP. 

4 Inappropriate Content

Users shall not use the GRID ISP Network to transmit, distribute or store material that is inappropriate, as we determine, or material that is illegal (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. 

5 Intellectual Property

Material accessible through the GRID ISP Network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the GRID ISP Network in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If a User uses a domain name in connection with any of the GRID ISP Network, the User must not use that domain name in violation of the trademark, service mark, or other rights of any third party. 

6 Harmful Content

Users shall not use the GRID ISP Network to transmit, distribute or store material that may be harmful to or interfere with the GRID ISP Network or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses. 

7 Fraudulent or Misleading Content

Users shall not use the GRID ISP Network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract, or online application, including the fraudulent use of credit cards. 

8 Email and Unsolicited Messages

Users shall not use the GRID ISP Network to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could be expected to provoke complaints (“spam”). Further, Users are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the GRID ISP Network. In addition, Users shall not use the GRID ISP Network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data. 

9 Responsibility for Content

We take no responsibility for any material created or accessible on or through the GRID ISP Network. We are not obligated to monitor or exercise any editorial control over such material but reserve the right to do so. If we become aware that any such material may violate this AUP and/or expose us to civil or criminal liability, we reserve the right to block access to such material and suspend or terminate any User creating, storing, or disseminating such material. We further reserve the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that we deem responsible for the wrongdoing. Violations of this AUP may be reported by emailing 

10 Legal Requests, Subpoenas, Warrants

We may disclose information, including information that you or End Users may consider confidential, to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We assume no obligation to inform you or an End User that information has been so provided, and in some cases may be prohibited by law from giving such notice. We may also disclose such information when it is necessary for us to protect our business, or others, from harm. 

10.1 Subpoenas

Summit will comply with and respond to valid (as Summit determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, Summit will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, Summit reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order. 

10.2 Warrants

We respect the privacy of our users. Summit will not intentionally monitor or restrict communications from its users unless it is directed by governmental authorities to do so by means of a subpoena, court order, warrant, summons, discovery, or any other form of law enforcement and or governmental request. Summit assumes no obligation to inform the user if such information is requested. 

11 Resell or Redistribute of Service

Customer will not resell or redistribute the service or otherwise make available to anyone outside the Service Agreement the ability to use the service (i.e. Wi-Fi or other methods of networking). The customer agrees not to use the service for operation as an Internet Service provider (i.e. hosting services for others such as websites or email servers).