AUPs

Acceptable Use Policy for Business Service

Ripple Fiber LLC, a South Carolina limited liability company, with offices located at 6000 Fairview Road, Suite 300, Charlotte, NC 28210.

This is your Service Agreement (“Agreement”) with Ripple Fiber LLC (“Ripple Fiber”). This Agreement sets forth the terms and conditions under which the Applicant will be provided fiber network internet service for commercial, as opposed to residential, use (“Service”) by Ripple Fiber. The terms “Customer” and “you” refer to any subscriber to the Service, and the term “User” refers to any person or entity using the Service through use of or access to your premises, network or any equipment owned or leased by you or under your control.

This Agreement applies to all Customers and to all Users, whether or not authorized by Customer to use the Service. By ordering and using the Service, you are presumed to have accepted this Agreement on behalf of yourself and all Users. You agree to inform all of your employees, contractors, consultants, agents, and any other persons who you reasonably expect to use the Service of these Policies. You agree to notify Ripple Fiber immediately if you become aware of any violation of this Agreement by any User. You are solely responsible for any failure of any User to comply with this Agreement, and you agree to hold Ripple Fiber and each of Ripple Fiber’s affiliates, contractors, subcontractors, licensors and suppliers, each partner, stockholder, member, director, officer, employee, agent or representative of any of the foregoing and each successor and assignee of the any of the foregoing (collectively, “Ripple Fiber Parties”), harmless from any such failure. This Agreement supplement, but do not supersede, any other contracts you have with Ripple Fiber; and, if any such contract restricts any use of the Service that is not addressed in this Agreement, such contract will govern with respect to such use.

VIOLATION OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT BY YOU MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE OR YOUR SERVICE ACCOUNT AND OTHER CONSEQUENCES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICE.

Acceptable Use.

Lawful Purposes Only. Ripple Fiber Service, regardless of access method, must be used in a manner that is consistent with their intended purpose and may only be used for lawful purposes. You shall not post or transmit through the Service any material (including any message or series of messages) that violates or infringes on the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Internet Content. You are solely responsible for any content that you or any User publish or distribute on the Web or otherwise through the Service. You must, for example, take appropriate precautions to prevent minors from receiving inappropriate content. You represent and warrant to Ripple Fiber, on behalf of yourself and each User, that any and all content that you or any User reproduces, stores, publishes, displays, transmits or distributes complies with these Policies, and you authorize, on behalf of yourself and each User, Ripple Fiber and its distribution service providers or other contractors to reproduce, store, publish, display, transmit, and distribute such content as necessary for the provision of or otherwise in connection with the Service and to identify you or any User as the author or source of such content.

Internet Access. You and each User must comply with the rules of websites and other resources you or any User access. The Service may provide access to search engines, subscription services, newsgroups, chat areas, bulletin boards, Web pages and other resources that publish terms of use, policies, rules, guidelines or agreements to govern their use. You and each User must review and adhere to any such terms, policies, rules, guidelines and agreements, which may include standards unique for the particular resource. In addition, the use of any software or content in connection with or through the Service must be in accordance with any applicable license agreements or terms of use.

Bandwidth and Data Storage. You and each User must comply with the bandwidth usage, data storage and other limitations on the Service that are in effect from time to time. If the aggregate usage by you and all Users exceeds these limitations, Ripple Fiber may, at its sole discretion, charge you for the excess usage, reduce transmission speed or other Service parameters, limit, suspend or terminate the Service or take other actions.

Unauthorized Uses

General Prohibitions. Users shall not use Ripple Fiber Service in a manner that (1) may adversely affect Ripple Fiber Network and/or Service or interfere with Ripple Fiber’s operations; (2) may expose Ripple Fiber to criminal or civil liability or any sanctions from any court tribunal or industry organization with authority to impose sanctions; (3) violates any third party’s acceptable use policy or analogous policy; (4) harms any third party or interferes with any third party’s use of Ripple Fiber Service; or (5) that violates any other aspects of this AUP.

Violation of Laws. Users shall not use Ripple Fiber Service in violation of federal and state law and a breach of this Agreement and a violation of any applicable law, including but not limited to any federal, state, local or applicable international, statute, regulation case law, order of a court, administrative agency or other tribunal, treaty, or other source of law;

Fraudulent or Misleading Content. Users shall not use Ripple Fiber Service 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;

Intellectual Property Infringements. The Service provides access to copyrighted material, trademarks and other proprietary information. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material is permitted without the consent of Ripple Fiber and/or, the third-party copyright owner. Users shall not upload post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner.

Security and Disruption Activities. Users shall not use Ripple Fiber Service to conduct activities that may be harmful to or interfere with Ripple Fiber Service or any third party’s networks, systems, services, or Web sites, including, but not limited to, hacking; data interference or interception; distribution of viruses, worms, ”Trojan Horses,” or any other contaminating or destructive features; security breach, including attempts to; spamming; mail bombing; flooding; denial of service attacks; and phishing schemes and related activities. Users are prohibited from violating or attempting to violate the security of the Ripple Fiber Service or the computers, accounts, websites, systems or networks of any third party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Users are put on notice that any such inappropriate activity may result in civil or criminal liability to User. Ripple Fiber will investigate such activity and may involve and cooperate with law enforcement authorities in investigating and prosecuting Users suspected or alleged to be involved in such activity.

No Resale. Unless expressly permitted in a written agreement with Ripple Fiber, neither you or any User may resell, share, or otherwise distribute the Service or any part of it to any third party. You may not use the Service for operation as an ISP or the hosting of websites other than as expressly permitted under this agreement. You may not use any form of transmitter or Wide Area Network (“WAN”) that enables persons outside your Service Address to use the Service, without express written approval and approved application with Ripple Fiber.

Offensive Materials. Neither Customer nor any User may use the Service for the hosting, posting, transmission, or distribution of offensive materials, including obscene, pornographic, indecent, hateful, malicious, racist, and treasonous materials.

Warranties/Disclaimers

The Service provided are provided “as is” with no guarantees and no warranty of any kind, including implied warranties of merchantability or fitness for a particular purpose. Ripple Fiber cannot and does not accept any responsibility for injury to you or any User that results from inaccurate, unsuitable or offensive Internet communications. It is up to you to control your use of this Service and to make appropriate use of monitoring software that is available from many third-party vendors that can provide filtering and parental control for offensive material. None of the Ripple Fiber Parties has any intention of being financially liable to any Customer or User for any harm that may occur through the use of the Service, regardless of whose fault it may be. In addition, none of the Ripple Fiber Parties is responsible for backups of Customers’ and Users’ files and other information, and Ripple Fiber has the right to delete any information after a Customer’s service agreement is terminated.

Consequences of Violations

If you or any User are not complying with or breaches any element of this AUP, Ripple Fiber may suspend or terminate the associated service with or without notice. Any decision on enforcement of this AUP shall be solely Ripple Fiber’s decision. Ripple Fiber may, but has no obligation to, notify Customer, by any means chosen by Ripple Fiber, prior to any suspension or termination of a service to allow Customer to cure or remedy a violation or breach of this AUP. Ripple Fiber has no obligation to contact a User that is not a Customer. If Ripple Fiber decides to notify Customer prior to suspension or termination, Ripple Fiber is not obligated to actually deliver notice or otherwise contact Customer.

Enforcement

The provisions of this AUP are for the benefit of Ripple Fiber, the Service Providers, and licensors, and each shall have the right to assert and enforce these provisions directly on its own behalf.

The failure of Ripple Fiber, its affiliates, suppliers, or agents to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Monitor Use

Ripple Fiber reserves the right, without notice to Users, to (1) monitor content and transmissions electronically from time to time if required by law; (2) subject to certain conditions, disclose any information it learns as a result to governmental authorities; or (3) block or remove such content and transmissions to enforce the restrictions in this AUP. Ripple Fiber expressly disclaims any responsibility for any offense or injury arising out of your or others' access to or dissemination of any content posted or transmitted.

Ripple Fiber takes no responsibility for any material created or content accessible on or through Ripple Fiber Service. Ripple Fiber is not obligated to monitor such material or content but reserves the right to do so. Ripple Fiber will not exercise any editorial control over such material or content. In the event that Ripple Fiber becomes aware that any such material or content may violate this AUP, Ripple Fiber reserves the right to block access to such material and suspend or terminate any User creating, storing, disseminating or otherwise involved with such material or content. Ripple further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User, notwithstanding any prohibition against doing so pursuant to a confidentiality agree or similar confidentiality obligation, that Ripple Fiber suspects or is alleged to be responsible for the wrongdoing.

Suspension or Termination of Services

Ripple Fiber may suspend or terminate Service without any notice to Customer if, in Ripple Fiber’s sole discretion, Ripple Fiber determines that a breach or violation of this AUP (1) may violate any law, order of any court, government agency or other tribunal; (2) may harm the Ripple Fiber network or interfere with Ripple Fiber’s operations; (3) may violate a third party’s acceptable use policy or analogous policy; (4) may harm a third party or interfere with a third party’s use of the Ripple Fiber’s Service; (5) give rise to any criminal or civil liability or other sanctions; (6) or violate other aspects of this AUP.

Ripple Fiber may take such further action in Ripple Fiber’s sole discretion to eliminate or preclude repeat violations. Ripple Fiber shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Ripple Fiber’s exercise of its rights under this AUP.