Zubr Communications Policies - Terms of Service - Standard Acceptable Use Policy

Zubr Communications offers its services to the Customers in accordance with either Master Service Agreement or Service Specific Agreement and Terms of Services - Acceptable Use Policy. Internally, Zubr Communications' Privacy Policy defines how Zubr Communications deals with Personal Information of its Customers.

In order to assist the Customers with familiarizing themselves with Zubr Communications Terms of Service the full text of the Standard Acceptable Use Policy is provided below.

TERMS OF SERVICE - STANDARD ACCEPTABLE USE POLICY VERSION 1.08 MARCH 3, 2010 ZUBR COMMUNICATIONS This document defines the Standard Acceptable Use Policy ("AUP") and Terms of Service ("TOS") for the Internet services ("Service" or "Services") provided by Zubr Communications, L.L.C. ("Zubr Communications", "Zubrcom", "us", "we"). These policies are designed to ensure the integrity, security, reliability, and privacy of Zubrcom, its Customers, and users of the Internet in general. Use of Zubrcom Services constitutes acceptance and agreement to this policy. If you have any questions regarding this policy, please contact Zubr Communications Abuse and Security department via email at abuse@zubrcom.net. 1. AMENDED AUP If your service is covered by an Amended AUP, please note that the terms of the Amended AUP supersede the terms of the Standard AUP. Contact your sales representative should you have any questions. 2. GENERAL Zubr Communications supports the uncensored flow of information and ideas over the Internet. Zubrcom does not actively or passively monitor Customer's activity under normal circumstances. Neither do we exercise editorial control over content created by or accessed by our Customers, including but not limited to, content of any web site, email, newsgroup, audio or video stream, unless such website is labeled as being owned, operated and controlled by Zubr Communications. 3. MONITORING Zubr Communications does not routinely monitor the activity of accounts except for measurements of system or network performance, system or network administration, system or network trouble shooting or preparation of billing records. However, during our day-to-day operations, should Zubrcom become aware of Customer's violation of the AUP, in order to promote responsible citizenship within the Internet community, Zubr Communications will respond appropriately. While Zubr Communications prefers to advise the Customer of violation of the AUP and let the Customer take the corrective action, Zubr Communications may, should it find the violation to be severe, immediately restrict, suspend or terminate the Customer's service, assessing the Administrative Fees related to Customer's breach of this policy. 4. SOLE DISCRETION While such action on the part of Zubr Communications is extremely rare, at our sole discretion, we may remove, or restrict access to, any material that may be illegal, may subject us to civil or criminal liability, or that may violate the terms of this AUP. Customer's or Customer's Users' violation of the AUP may result in suspension, restriction or immediate termination of Customer's Account as described in the Terms of Service without any prior notice to the Customer. 5. PROHIBITED ACTIVITIES Customer shall not, and will not, permit any persons ("Users") using Customer's online facilities and/or services, to engage in any of the following activities ("Prohibited Activities"): 1. violating the Acceptable Use Policies of any networks, systems, or services which are accessed through Service; 2. infringing upon the intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets, of Zubrcom or others; 3. engaging in deceptive online marketing practices or schemes including, without limitation, practices that violate the United States Federal Trade Commission's guidelines; 4. attempting to interfere with, degrade, or deny service to any user or host (e.g., denial of service attacks); 5. introducing or attempting to introduce malicious programs into a network or server (e.g., viruses, worms, Trojan horses, etc.); 6. breaching or attempting to breach security, including but not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access; 7. attempting to circumvent authentication or security of any host, network, or account (e.g., "cracking"); 8. scanning or monitoring the networks of others without permission; 9. intercepting data not intended for the Customer (e.g., "packet sniffing"); 10. sending, posting or hosting harassing, abusive, threatening, or defamatory materials; 11. intentionally omitting, deleting, forging or misrepresenting transmission information, including but not limited to, headers, mailing headers, and Internet protocol addressees; 12. transmitting or facilitating the transmission of unsolicited bulk email; 13. hosting material or electronic mailboxes advertised via unsolicited bulk email; 14. making available any software, program, product, or service that is designed to violate this AUP; 15. collecting email addresses from the Internet for the purpose of sending unsolicited bulk email, or providing collected addresses to others for that purpose; 16. maintaining an open mail relay; 17. attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document usage of Zubr Communications products or services; 18. using Services of Zubr Communications for any illegal purposes, in violation of any applicable laws, regulations, treaties, or tariffs, or in violation of the rules of any other service providers, web sites, chat rooms or the like; 19. any activity which violates the privacy of others; 20. assisting or permitting any persons in engaging in any of the activities described above. 6. COOPERATION WITH LAW ENFORCEMENT Zubr Communications may cooperate with law enforcement authorities, or third parties legally empowered to perform such actions, in the investigation of any suspected or alleged criminal or civil wrongdoing. 7. THIRD PARTY COMPLAINT PROCESS Zubr Communications receives complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Third parties may submit such complaints in electronic form to abuse@zubrcom.net, or by sending regular mail to the security contact of Zubr Communications. Upon the receipt of such Complaint, Zubr Communications will take actions designed to document and resolve each complaint received by Zubr Communications related to a Customer or Customer's Users. 8. THIRD PARTY COMPLAINT PROCESS: FIRST COMPLAINT Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or Customer's User, Zubr Communications will send a communication (the "First Communication") to the Customer notifying them of the Complaint, so that the Customer can identify and remedy the Prohibited Activity. 9. THIRD PARTY COMPLAINT PROCESS: RESPONSE EXPECTED FROM CUSTOMER In general, the Customer will be allowed up to forty-eight (48) hours to address the problem. The forty-eight (48) hour period shall commence from the moment Zubr Communications informs the Customer about the Complaint by way of email, telephone, fax, or mail. At any point after Zubrcom receives the Complaint, and until the Customer resolves the issue to the satisfaction of Zubr Communications, we may, at our own discretion, limit Customer's access to the Service or limit functionality of the Service provided to the Customer. 10. THIRD PARTY COMPLAINT PROCESS: SECOND AND ADDITIONAL COMPLAINTS Upon receipt of the second or any additional Complaint regarding the same or substantially similar activity by the Customer or Customer's User, Zubrcom may assess an AUP/TOS violation Administrative Fee against Customer's account, which becomes immediately due. The amount of the AUP/TOS Violation Administrative Fee is described in the Administrative Fees section on Zubr Communications' website. Upon receipt of the second or additional Complaints regarding the same or substantially similar activity by the Customer or Customer's User, Zubr Communications may suspend, restrict or terminate Customer's account. Such suspension, restriction or termination of the account does not relieve Customer of Customer's obligations to satisfy the charges on the Customer's account. 11. RIGHT TO SUSPEND OR TERMINATE SERVICE Zubr Communications reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations. Any such suspension does not relieve Customer of the obligation to pay any outstanding fees. 12. FAILURE TO ENFORCE Zubr Communications' failure to enforce the AUP shall not be construed as the waiver of Zubr Communications' right to do so at any time. 13. RIGHT TO UPDATE ACCEPTABLE USE POLICY Zubr Communications reserves the right to update its AUP/TOS as we deem necessary. Should the policy be changed, Zubr Communications will make a commercially reasonable effort to inform the Customer about such change.

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