YELLOWFIBER (Move Clicks LLC) Terms of Service/ Terms and Conditions

1.0 Use of Services

1.01. The Customer agrees to use YellowFiber Networks’ services only for lawful purposes, in compliance with all applicable laws. Specific Activities that are prohibited include, but are not limited to: Threatening harm to persons or property or otherwise harassing behavior. Violating U.S. export control laws for software or technical information. Fraudulently representing products/services using your account. Facilitating, aiding, or encouraging any of the above activities. Additional Activities are prohibited that appear in further sections of these guidelines, including section 2.0 Use of Material and 3.0 System Security.

1.02. YellowFiber Networks reserves the right to investigate suspected violations of these Guidelines. When YellowFiber Networks becomes aware of possible violations, YellowFiber Networks may initiate an investigation which may include gathering information from the Customer or Customers involved and the complaining party. During an investigation, YellowFiber Networks may block access at the router level to customer’s equipment involved. If YellowFiber Networks believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of access to customer’s equipment, and the suspension or termination of the customer’s service. YellowFiber Networks, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the Customer to criminal or civil liability.

1.03. The Customer of record is responsible for all use of the services and co-location space, with or without the knowledge or consent of the Customer.

 2.0 Use of Material

2.01. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using YellowFiber Networks services. Customers may also re-distribute materials in the public domain. The Customer assumes all risks regarding the determination of whether the material is in the public domain.

2.02. The Customer is prohibited from storing, distributing or transmitting any unlawful material through YellowFiber Networks services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Customer may not post, upload or otherwise distribute copyrighted material on YellowFiber Networks’ servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Customer to criminal as well as civil liability, in addition to the actions outlined in 1.02 above.

2.03. The Customer may not store or distribute certain other types of material. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites, tools used to collect email addresses for use in sending bulk email, or tools used to send bulk mail.

2.04. Each YellowFiber Networks customer account receives a six digit access and billing account number and a default account password. The Customer is responsible for changing his or her password when the account is activated through Customer Service and have the password changed regularly. This password allows access to the Customer web page and is also used for the Customer to reboot equipment if Power Cycle services are included in their service.

2.05. A remote access password is requested as a condition for receiving service via the YellowFiber Networks 24x7 Technical Support number or emergency page to authenticate the caller. The customer may sign a waiver to decline the use of a remote access password and assume all risks, losses and liability that may arise by electing to receive these services without a remote access password. If there is no password or signed waiver from the customer, YellowFiber Networks Technical support will be unable to respond to the customer request.

2.06. Each YellowFiber Networks Customer is responsible for the equipment security of his or her password. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The Customer is responsible for changing his or her equipment password regularly.

2.07. YellowFiber Networks staff may monitor the security of Customer passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by YellowFiber Networks.


3.0 System Security

3.01. The Customer is prohibited from utilizing YellowFiber Networks services to compromise the security or tamper with system resources or accounts on computers at YellowFiber Networks or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.

3.02. YellowFiber Networks reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. YellowFiber Networks will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.0 Monitoring of Network Services

4.01. Except as otherwise expressly set forth in a service agreement, YellowFiber assumes no obligation to pre-screen or monitor Customer’s use of the Service, including without limitation postings and/or transmission. However, Customer acknowledges and agrees that YellowFiber and its agents shall have the right to pre-screen and monitor such use from time to time and to use and disclose such results to the extent necessary to operate the Service properly, to ensure compliance with applicable use policies, to protect the rights and/or property of YellowFiber, or in emergencies when physical safety is at issue, and that YellowFiber may disclose the same to the extent necessary to satisfy any law, regulation, or governmental request. YellowFiber shall have no liability or responsibility for content received or distributed by Customer or its users through the Service, and Customer shall indemnify, defend, and hold YellowFiber and its directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any and all claims, damages, and expenses whatsoever (including reasonable attorneys’ fees) arising from such content attributable to Customer or its users. For the avoidance of doubt, the monitoring of data described in this Section 4.1 refers to aggregate data and types of traffic (protocol, upstream/downstream utilization, etc.). YellowFiber does not have access to the content of encrypted data transmitted across YellowFiber networks.


5.0 Email Use

5.01. YellowFiber Networks will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in 2.02 and 2.03 above, YellowFiber Networks may take action as outlined in 1.02 above. 5.02. YellowFiber Networks Customers may not send email in any way that may be illegal. YellowFiber Networks recognizes that email is an informal medium; however, Customers must refrain from sending further email to a user after receiving a request to stop. 5.03. Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. YellowFiber Networks Customers may send advertising material only to addresses which have specifically requested that material.

5.04. YellowFiber Networks Customers may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many Customers, or sending large or multiple files or messages to a single user with malicious intent.

5.05. YellowFiber Networks Customers may not alter the headers of email messages to conceal their email address or to prevent Customers from responding to messages.

5.06.Violations of the YellowFiber Networks policies outlined in this document can sometimes result in massive numbers of email responses. If an YellowFiber Networks Customer receives so much email that YellowFiber Networks resources are affected, YellowFiber Networks staff may block access to the customer’s equipment at the router level.


6.0 World Wide Web Use

6.01. YellowFiber Networks will investigate complaints regarding inappropriate material on Web pages transmitted using YellowFiber Networks services, in its sole discretion, require that the material be removed or take action as outlined in 1.02 above. If you do not agree to be bound by these Acceptable Use Guidelines, please notify YellowFiber Networks Customer Service, [email protected] so that we may initiate a closure of your account.