Fibernet's Policies - Cybersecurity & Data Management

Fibernet’s Policies

Acceptable Use Policy

FIBERNET has developed an AUP with the following concepts in mind:

  • Promote network reliability and superior performance
  • Avoid situations that may cause FIBERNET to incur civil liability
  • Ensure the continued positive expansion of FIBERNET’s reputation
  • Promote appropriate uses of network and Internet resources
  • Preserve the privacy and security of individual users

The Acceptable Use Policy below defines the actions which FIBERNET considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to FIBERNET customers. If you are unsure whether any contemplated use or action is permitted, please send mail to noc@fiber.net and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by FIBERNET, or connected via the FIBERNET network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

general conduct
  1. Customers are prohibited from transmitting on or through any of FIBERNET’s services, any material that is, in FIBERNET’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  2. FIBERNET services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. FIBERNET reserves the right to remove such illegal material from its servers.
  3. The customer is responsible for keeping his billing data with FIBERNET up-to-date and accurate. Furnishing false data on the sign up form, contract, or on line application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
  4. The resale of FIBERNET products and services is not permitted, unless specifically permitted and documented in a written agreement.
System and Network Security
  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
  2. Customers may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
  4. Users who violate systems or network security may incur criminal or civil liability. FIBERNET will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Email
  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
  4. Malicious email, including but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
  5. Forging of header information is not permitted.
  6. FIBERNET accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
  7. These rules apply to other types of Internet-based distribution mediums as well, such as RLG’s Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below.
USENET
  1. FIBERNET provides an uncensored newsfeed. As such, FIBERNET does not control the content of the newsgroups available to its customers. FIBERNET is not responsible for the content of any USENET posting, whether or not the posting was made by a FIBERNET customer.
  2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
  3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).
  4. Customers are prohibited from posting chain letters of any type.
  5. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
  6. Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
  7. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  8. A customer may not solicit mail for any other address other than that of the customer’s FIBERNET account or service, with the intent to harass or collect replies after FIBERNET service has been terminated.
IRC (Internet Relay Chat)
  1. FIBERNET is not liable for the content of any communications made on IRC.
  2. IRC robots (“bots” or “clones”) may not be run from FIBERNET shell accounts.
  3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
  4. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, “flooding” (rapidly entering text with the intent to fill the screens of others), “flashing” (disrupting terminal emulation), “takeovers” (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via “ignore”), attempting to return to a channel after being banned from it, and other disruptive behaviors.
Individual Accounts (Dialup Users Only)
  1. FIBERNET dialup accounts are intended for use by an individual. Multiple logins are prohibited, except as allowed by a written agreement. Shell account users may not run programs which provide network services from their accounts, such as IRC or MUD servers.
  2. FIBERNET shell accounts are intended for interactive use. Attempts to circumvent the ‘idle daemon’ or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.
  3. FIBERNET shell accounts operate on shared resources. Customers are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of FIBERNET systems or networks is prohibited, and FIBERNET staff may take action to limit or terminate such programs.
  4. Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others.

Questions about this policy should be sent via e-mail to noc@fiber.net.

Reports of activity in violation of this policy may be sent in e-mail to abuse@fiber.net

Copyright Claims Policy

Fibernet respects the intellectual property of others and holds its users responsible for doing the same. Please follow the procedures outlined below to report instances of copyright infringement.

HOW TO MAKE CLAIMS OF COPYRIGHT INFRINGEMENT
  • Pursuant to the Digital Millennium Copyright Act, United States Code, Section 512(c)(2), any and all copyright infringement claims on the Fibernet Corp. (“Fibernet”) system or website should be sent ONLY to our designated agent.
IMPORTANT: The following information is provided solely for providing notice to Fibernet that your copyrighted material may have been infringed.
  • WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
    DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Claims should be submitted in writing to the following designated agent:
  • Fibernet Corp
  • ATTN: Legal Department
  • 1155 S 800 E
  • Orem, UT 84097
  • IMPORTANT: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX. DUE TO THE FACT THAT TECHNOLOGIES MAY SOMETIMES FAIL, EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Per the requirements listed in the DMCA, notification of Claimed Infringement must include ALL of the following:

  1. Contact information (address, phone number, email address) and physical or electronic signature of the complaining party (individual authorized to act on behalf of the copyright owner).
  2. Identification and Internet location of all alleged infringing materials [URL linking to relevant page(s) with list or description of infringing items on page(s)]. Information should be reasonably sufficient for online service provider to locate the materials and the offending party (“Subscriber”) in question.
  3. “Good faith” statement from the copyright owner that states the belief that there is no legal basis for the use of the infringing material by the Subscriber (i.e. use of materials is not authorized by the copyright owner, its agent, or the law.)
  4. Statement from the complaining party that the information contained in the notice is accurate, under penalty of perjury, and that the complaining party is indeed authorized to act on behalf of the copyright owner.
  • Fibernet treats claims of copyright infringement seriously and will promptly act to remove or disable access to infringing materials even to the point of terminating the Subscriber’s Internet access if selective action is deemed not to be an option.
  • Fibernet also provides written notice to the Subscriber informing him or her that the infringing material has been removed or access to it disabled.
COUNTER-NOTICE AND PUT-BACK PROCEDURES
  • Upon receipt of notice that the infringing material has been removed or access to it disabled, the Subscriber has the opportunity to provide a Counter Notification to contest the removal of or impeding of access to the material in question.
  • Counter Notification must meet ALL of the following requirements in order to be considered:
  1. The notification must be in writing and delivered to service provider’s designated agent.
  2. It must include the following:
    1. The Subscriber’s physical or electronic signature as well as his or her name, address, and phone number.
    2. Identification and former Internet location of the material that was removed or disabled [URL linking to relevant page(s) with list or description of the material].
    3. “Good faith” statement from Subscriber that states the belief that the material was removed or disabled due to a mistake or misidentification.
    4. Statement of consent to federal court jurisdiction for the judicial district of the Subscriber, or if located overseas, to an appropriate judicial body.
FIBERNET ACTIONS UPON RECEIPT OF COUNTER NOTIFICATION
  • When Fibernet receives a proper Counter Notification, we take the following actions:
    1. Provide the complaining party with a copy of the Counter Notification, informing him or her that we will replace the removed material or restore access to it within fourteen (14) business days after we receive the Counter Notification.
    2. Replace or restore access to the removed material in no less than ten (10) and no more than fourteen (14) business days after we receive the Counter Notification, provided we haven’t received notice from the complaining party that legal action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on our network or system.
  • CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Privacy Policy

At Fibernet, we are committed to protecting your privacy. We use the information we collect from you to provide you better service. Rest assured that we do not sell, trade, or rent your personal information to third parties. Full details of our Privacy Policy are included here for your reference.

Personal and Business Data
  • Information such as name, email address, Tax ID number, mailing address, credit card number, and expiration date is needed to process your order.
Use of Information
  • The information you provide is used to provide our services and enhance your experience with Fibernet. We use it to bill you or send notices about your account and update you on our products and services. We will also occasionally notify you of special offers from our partners.
  • Fibernet does not sell, trade, or rent your personal information to third parties.
  • We occasionally provide aggregate information regarding the use of our website to partners, but these statistics never include personally identifying information
  • Please note that if the government or law enforcement requires our customer information, we are legally obligated to release it.
Security
  • Fibernet is committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
  • Your credit card security is our highest priority. Fibernet utilizes Secure Sockets Layer (SSL) encryption, an advanced encryption technology that protects the information you send us against unauthorized access. This safeguard has helped, in many cases, to make shopping on the Internet significantly safer than using your credit card at a restaurant or department store.
Cookies
  • Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Fibernet uses cookies to personalize your experience. For example, cookies allow us to recognize you when you return to our site.
  • Most web browsers are automatically set to accept cookies. To change this, or to show a warning each time a cookie request is received, please review your browser’s guidelines.
Children and Privacy
  • Fibernet has no intention of collecting personal information from children (i.e., individuals under the age of 18). If a child has provided us with personal information, Fibernet asks that a parent or guardian of the child contact Fibernet email us at service@fiber.net or call us toll-free at 1-800-305-6995 if they would like the information submitted by a child deleted from our database. Fibernet will use reasonable efforts to delete such information from its database. If you would like more information about children, privacy and the Internet, you can refer to http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm on the Federal Trade Commission’s website.
Summary
  • Fibernet is committed to protecting your privacy. The information you provide is used to provide better service with Fibernet. We use it to bill you or send notices about your account and update you on our products and services. We do not sell, trade, or rent your personal information to third parties. If you would like to discuss how we use your information, simply send us an email at service@fiber.net.
Your Consent
  • By using Fibernet services, you consent to our use of your personal and non-personal data as specified above. If we decide to change our Privacy Policy, we will post those changes on this page, so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
Concerns and Comments

You may email us with any further questions or concerns regarding this Privacy Policy at service@fiber.net or call us toll-free at 1-800-305-6995. With Fibernet, we want you to feel secure in knowing that you are doing business with the right company.

Master Services Agreement

This document defines the MASTER SERVICES AGREEMENT or contract between Fibernet Corp., at 1155 S. 800 E., Orem, UT 84097, USA, 800-305-6995 (hereinafter referred to as Fibernet, and the individual or entity using or purchasing services provided by Fibernet, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.

SERVICES. Fibernet shall provide CUSTOMER with the services indicated on the SERVICES AGREEMENT(s) in consideration for CUSTOMER’s PAYMENT OF FEES.

SERVICE FEES, INSTALLATION FEES and SET-UP FEES. SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Fibernet’s Services and do not include any unspecified services.

EFFECTIVE DATE. The EFFECTIVE DATE of the SERVICE AGREEMENT(s) shall be deemed the latter of the following: (a) the date Fibernet substantially completes the set-up, activation, or creation of the service, or (b) the date the service is ordered. The date the CUSTOMER first utilizes the service or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.

TERM. The TERM of the SERVICE AGREEMENT(s) are as specified plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month- to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three month TERM if the SERVICE FEES are paid quarterly, a six month TERM if the SERVICE FEES are paid semi-annually, or a twelve month TERM if the SERVICE FEES are paid annually.

BILLING PERIOD. CUSTOMER shall pay all fees according to the period and pricing model specified in the SERVICE AGREEMENT(s). For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

PAYMENT OF FEES. CUSTOMER agrees to pay all INSTALLATION and SET- UP FEES to Fibernet. CUSTOMER shall pay all SERVICE FEES to Fibernet in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Fibernet’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Fibernet to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means.

CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. CUSTOMER is liable for all unpaid amounts due on CUSTOMER’s account, even if services are terminated or cancelled in the middle of a billing cycle. Fibernet may charge interest on unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. Fibernet may use a third-party service to collect unpaid amounts and may charge attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate the SERVICE AGREEMENT(s) without penalty, upon providing Fibernet with a 30-day written NOTICE of termination. (b) Fibernet may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement. Fibernet will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force majeure or Fibernet believes, at Fibernet’s sole discretion, such action must be taken sooner to prevent damage to Fibernet, its other customers, or affiliates.

COROLLARY SERVICES. Unless specifically indicated in the SERVICE AGREEMENT(s), corollary services, including but not limited to, technical support services, web design services, and marketing services are not included. Corollary services may be provided by Fibernet to CUSTOMER with contracts, without a contract, hourly, flat rate, or in the manner offered.

LISTS / UNSOLICITED ELECTRONIC MAIL. Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Fibernet reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).

INTERNET PRIVACY & CONFIDENTIALITY. CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Fibernet facilities or accessible to services provided by Fibernet.

ILLEGAL / UNETHICAL / PORNOGRAPHIC USE. CUSTOMER shall use Fibernet ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Fibernet ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Fibernet reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any liability resulting from the CUSTOMER’s use or abuse of Fibernet ‘s Services.

DISPUTE RESOLUTION. In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. CUSTOMER agrees to pursue legal action only in Utah County, Utah, USA.

NOTICES. All notices to Fibernet must be given in writing. Please refer to the Fibernet website (http://www.fiber.net) for additional information regarding billing and support issues. Notices regarding this MASTER SERVICE AGREEMENT or SERVICE AGREEMENT(s) should be directed to: Fibernet, 1155 S. 800 E., Orem, UT 84097 USA FAX 801-223-9937

CUSTOMER SHALL: a. Be solely responsible for all use of CUSTOMER’s Fibernet password, and shall notify Fibernet immediately if CUSTOMER’s password is lost, stolen, or otherwise compromised. b. Be solely responsible for all costs, including local and long-distance telecommunication service charges, required to connect to Fibernet. c. Be solely responsible for adequate and proper: data archiving, liability and property insurance, fire protection, electrical protection, cooling protection, physical, information, and network security, and systems maintenance including, but not limited to, software patches, protection against viruses, and other environmental or network related issues. d. Use Fibernet’s access service and the Internet in a manner wholly consistent with all applicable governing laws and regulations, and the acceptable-use requirements of Internet-specific media and network services.

DISCLAIMERS. Fibernet cannot control, is not responsible for, and shall not be liable to CUSTOMER for any damages or losses due to:

CUSTOMER’s inability to properly use Fibernet’s access service, or, use of or inability to use the Internet; inadequacies or failures of CUSTOMER’s hardware or software, or CUSTOMER’s inability to use or improper use of the same; interruptions, failures or other problems caused by, in whole or in part, interruptions to telecommunication services or public services, network viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines, natural disasters, weather conditions, labor dispute, court order, acts of government authorities, force-majeure, or other causes beyond Fibernet’s reasonable control; or content, inaccuracy, quality, type or volume of information data obtained from the Internet through Fibernet’s service. IN NO EVENT SHALL Fibernet OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.

PERSONAL PROPERTY/LIABILITY INSURANCE. CUSTOMER agrees to obtain, at his own expense, a personal property policy of insurance for a limit of no less than the replacement cost of CUSTOMER�s personal property and liability policy of insurance for no less than $100,000.00 for his own personal property and content stored thereon including, without limitation, hardware, software, and data, that shall be located in any Fibernet facility. CUSTOMER agrees to indemnify and hold harmless Fibernet against any and all of the CUSTOMER losses which may occur at Fibernet’s facilities including, without limitation, losses caused by building damage, fire, natural causes, crime, or the error or negligence of Fibernet or its employees.

Fibernet OWNERSHIP OF IP ADDRESSING. Fibernet always maintains control and ownership of any and all IP numbers and addresses that maybe assigned to CUSTOMER and reserves the right, at its sole discretion, to change or remove any and all IP numbers and addresses.

ATTACHMENTS, AMMENDMENTS, and ACCEPTABLE USE POLICY (AUP). Fibernet and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Fibernet policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at http://www.fiber.net/policies.php or in Fibernet’s AUP. The CUSTOMER’s continued use of Fibernet’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.

“AS IS” SERVICES. Internet Services are provided on an “as is, as available” basis. FIBERNET gives no warranty, expressed or implied, for the virtual server services provided, including, without limitation, merchantability, fitness for a particular purpose, and temporary or indefinite interruptions of service. CUSTOMER acknowledges and agrees that FIBERNET is not liable for any losses due to disruption of service by FIBERNET or its providers beyond the fees paid by CUSTOMER to FIBERNET for Internet Services.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL PAGES OF AND ATTACHMENTS TO THIS MASTER SERVICE AGREEMENT and any SERVICE AGREEMENT(s) AND AGREES TO BE BOUND BY ALL ITS TERMS AND CONDITIONS, AFFIRMS THAT IT HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. CUSTOMER FURTHER AGREES THAT THIS MASTER SERVICE AGREEMENT AND SERVICE AGREEMENT(s) ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENTS BETWEEN THE CUSTOMER AND Fibernet WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Fibernet, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. CUSTOMERS CONTINUED USE OF THESE SERVICES IS CONSIDERED AN ACKNOWLEDGMENT AND ACCEPTANCE OF ITS TERMS AND CONDITIONS.