Chicopee Electric Light (doing business as “Crossroads Fiber”) reserves the right to suspend or cancel a Customer’s account for engaging in inappropriate conduct. (Customers remain legally responsible for any such acts.) All Crossroads Fiber customers and all others who use the Service must comply with this Policy. The Customers failure, or others’ failure, to comply with this Policy could result in the suspension or termination of service. If the Customer is unwilling to comply with this Policy, the Customer must immediately stop all use of the Service and notify Crossroads Fiber to cancel service. In using the services of Crossroads Fiber’s fiber optic network, subscribers accept this list of restrictions as well as those set forth in Crossroads Fiber’s Terms and Conditions and agree to use the Services only for lawful purposes and not to use or allow others to use the Services in violation of the guidelines.

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The Policy prohibits uses and activities involving the Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Service by others. For example, these prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Crossroads Fiber Equipment, either individually or in combination with one another that are illegal, infringe on the rights of others or diminish the use and enjoyment of others.

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Prohibited Activities

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The User shall be prohibited from using the Services or Crossroads Fiber Network to engage in any of the following activities or as otherwise in violation of any federal, state, or local civil or criminal law, regulation, or court or administrative order or directive:

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a. Unauthorized Solicitations and Spamming – Sending unsolicited bulk and/ or commercial messages over the Internet (known as “spamming”), or chain letters or any other form of unauthorized solicitation. Spamming includes receiving replies from unsolicited e-mails (i.e. “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third-party e-mails for forwarding (i.e. “open mail relay”). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e - mail messages through a “verified opt-in” process. Any User that sends bulk e-mail messages must maintain complete and accurate records of all e - mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and shall immediately provide Crossroads Fiber with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users also are prohibited from using the service of another provider to send spam in order to promote a site hosted on or connected to the Services or Crossroads Fiber Network. Users shall not use the Services or Crossroads Fiber Network in order to send e-mail messages that are: 

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1) excessive and/or intended to harass or annoy others

2) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them

3) send e-mails with forged TCP/IP packet header information

4) send malicious e-mail, including, without limitation, “mail bombing”.

 

Users shall not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest e-mail addresses from the Internet for that purpose. Users shall not sell or distribute lists of harvested email addresses for the purpose of “opt-out” e-mail.

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b. Intellectual Property and Privacy Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents or that violates privacy, publicity, or other personal rights of others. Crossroads Fiber will process and investigate reports of alleged infringement and will take appropriate actions, including but not limited to removing or blocking access to content, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.

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c. Obscene Speech or Materials — Transmitting, distributing or storing of any material in in violation of any applicable law or regulation. Using the Services or the Crossroads Fiber Network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Crossroads Fiber does not prohibit any material allowed by law or protected by the First Amendment to the United States Constitution. Crossroads Fiber will notify law enforcement agencies if it becomes aware of the presence or transmission of child pornography on or through the Services or the Crossroads Fiber Network.

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d. Defamatory or Abusive Language or Content – Using the Services or Crossroads Fiber Network to transmit or post any material, including text, sounds or images, that may be defamatory, harassing, abusive, fraudulent, tortious, unlawful, threatening, intimidating, or invasive of an individual’s personal privacy. Any use that degrades, threatens or victimizes an individual, group or class of individuals or an entity, shall be prohibited.

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e. Forging of Headers or Content — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message and forging or misrepresenting any data with false or misleading content.

f. Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (known as “hacking”) . Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) also is prohibited. Any attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or Crossroads Fiber’s Network or the computers, services, accounts or networks of any other party (i.e. “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Crossroads Fiber IP space is prohibited. Executing any form of network monitoring (i.e. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without proper authorization is prohibited. In addition, attempting to circumvent User or Customer authentication or security of any hosts, network, or account (“cracking”) without authorization is prohibited.

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g. Exploitation of Vulnerabilities in Hardware or Software for Malicious Purposes – Exploitation of scripts presented on web pages (i.e. forms for answering questions or entering data). Activities that disrupt the use of or interfere with the ability of others to effectively use the Crossroads Fiber Network or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (e.g. DDOS, SYN Floods or similar attacks) also are prohibited .

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h. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Sending viruses or other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of a third party, including worms, Trojan horses, flooding, mail bombing, or denial of service attacks, or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment , or that may be harmful to or interfere with Crossroads Fiber’s provision of Services, the Crossroads Fiber Network, or any third party’s network, equipment, applications, services or websites also are prohibited.

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i. Facilitating a Violation — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms of Use or any applicable AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

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j. Export Control Violations – Exporting encryption software over the Internet or otherwise in violation of International Traffic in Arms Regulations (“ ITAR ”), to points outside the United States.

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k. Phishing and Deceptive Practices — Simulating communications from and/or to a website or other service of another entity in order to collect identity information, credit or bank information, authentication credentials, or other information from the legitimate users of that entity’s service . Sending or transmitting information that is fraudulent or contains false, deceptive or misleading statements, claims or representations or otherwise engaging in deceptive marketing practices including without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes are prohibited.

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l. Pharming — Using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service.

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m. Servers and Proxies — Users may not run on Crossroads Fiber’s servers any program, which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users are responsible for the security of their own networks and equipment.

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n. Other Illegal Activities — Engaging in any other activities that are deemed illegal, including but not limited to false or deceptive advertising, pyramid schemes, fraudulently charging credit cards, and pirating software.

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o. Other Harmful Activities – Engaging in activities, whether lawful or unlawful, that Crossroads Fiber determines , in its sole judgment, to be harmful to its Customers, Users, operations, reputation, goodwill, or customer relations. This provision includes the failure to comply with any specific instructions given by Crossroads Fiber, including those instructions that are intended to protect the health or safety of the public, quality of the Services provided to Crossroads Fiber’s other Customers and Users or the quality of other services provided by Crossroads Fiber, as needed for technical compatibility of equipment attached to Crossroads Fiber’s Network. Any attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of Crossroads Fiber’s products and services is prohibited. Any other inappropriate activity or abuse of service (as determined by Crossroads Fiber in its sole discretion) whether or not specifically listed in these Terms of Use, also may result in suspension or termination of the User’s access to or use of the Services or Crossroads Fiber Network. This list of prohibitive activities is not exhaustive, and Crossroads Fiber reserves the right to determine that any conduct that is or could be harmful to the Crossroads Fiber Network, its Customers or Users constitutes a violation of these Terms of Use and reserves the right to exercise any or all of the remedies at law or equity and as specified herein.

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Network and usage restrictions

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a. Residential Customers may not use the Service for any purpose other than personal and non-commercial residential use (except for your individual use for telecommuting);

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b. Restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or impede others’ ability to use, send, or retrieve information;

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c. Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Crossroads Fiber (or Crossroads Fiber supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Crossroads Fiber (or Crossroads Fiber supplier) facilities used to deliver the Service;

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d. Re-sell the Service or otherwise make available to anyone outside the Premises the ability to use the Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly, with the sole exception of your use of Crossroads Fiber - provided Wi-Fi service in accordance with its then-current Terms and Conditions;

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e. Connect the Crossroads Fiber Equipment to any computer outside of your Premises;

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f. Change, disable or tamper with any of the provided equipment other than what is allowed by Crossroads Fiber for the management of the Customers Wi-Fi service;

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g. Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; or access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Service or any related equipment to access, use a static IP address, or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits you to do so.

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h. Residential Customers cannot use or run dedicated, stand-alone equipment or servers from their premise that provide network content or any other services to anyone outside of their premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;

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i. Residential Customers cannot use or run programs from their premise that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;

The Customer is responsible for their own compliance with this Policy. The Customer is responsible for any use or misuse of the Service that violates this Policy by anyone else the Customer permits to access the Service (such as a friend, family member, or guest).

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In all cases, the Customer is solely responsible for the security of any device the Customer connects to the Service, including any data stored or shared on that device. It is also the Customers responsibility to secure the Crossroads Fiber Equipment and any other Premises equipment or programs not provided by Crossroads Fiber that connect to the Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

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Crossroads Fiber does not routinely monitor the activity of individual Service accounts for violations of this Policy, except for determining aggregate data consumption, unless required to do so by law or governmental authority, or when deemed necessary by Crossroads Fiber for purposes of public safety. Crossroads Fiber may monitor its Services or Network electronically for purposes of determining whether its facilities, Services or Network are operating satisfactorily. Use of the Services or Crossroads Fiber Network shall constitute the User’s consent and authorization for Crossroads Fiber to monitor its Services and Network for such purposes.

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The User acknowledges that Crossroads Fiber observes and complies with all applicable federal and state laws, including providing notice to the National Center for Missing and Exploited Children or other designated agencies, and intends to cooperate with law enforcement agencies or officials in investigating claims of illegal or inappropriate activity. Crossroads Fiber may disclose information, including but not limited to, information concerning a User, a User’s use of the Services, a transmission made using the Crossroads Fiber Network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request or directive. Crossroads Fiber assumes no obligation to inform the User that User - specific information has been provided to any person or entity. Crossroads Fiber may disclose User information or information transmitted over the Crossroads Fiber Network where necessary to protect Crossroads Fiber and others from harm, or when such disclosure is necessary for the proper operation of the system, as determined by Crossroads Fiber in its sole discretion.

 

Crossroads Fiber prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. Crossroads Fiber also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without Crossroads Fiber’s intervention. However, if the Service is used in a way that Crossroads Fiber or its suppliers, in their sole discretion, believe violates this Policy, Crossroads Fiber or its suppliers may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Service. Neither Crossroads Fiber nor its affiliates, suppliers, or agents will have any liability for any of these responsive actions. These actions are not Crossroads Fiber’s exclusive remedies and Crossroads Fiber may take any other legal or technical actions it deems appropriate with or without notice.

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Crossroads Fiber reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material and data on Crossroads Fiber’s servers and network. During an investigation, Crossroads Fiber may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize and consent to Crossroads Fiber and its suppliers cooperating with (i) law enforcement authorities in the investigation of suspected illegal activity or violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Upon termination of the Customer’s account, Crossroads Fiber is authorized to delete any files, programs, data, email and other messages associated with your account (and any secondary accounts).

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If Customer uses the Service in violation of the restrictions referenced above, that is a violation of this Policy. In these cases, Crossroads Fiber may, in its sole discretion, suspend or terminate the Customers Services or request that it subscribe to a different version of the Service if the Customer wishes to continue to use the Crossroads Fiber Services. Crossroads Fiber may also provide versions of the Service with different speed and data consumption limitations, among other characteristics, subject to applicable Services Agreements. Crossroads Fiber’s determination of the data consumption for Service accounts is final.

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Customer shall promptly notify Crossroads Fiber of any event that would be reasonably likely to give rise to any such interference, impairment, affect, exposure, reselling, or service usage violation.  If Crossroads Fiber reasonably determines that Customer is using the Service(s) in violation of the Acceptable Use Policy section above, Crossroads Fiber may immediately terminate the Service(s).  Customer accepts liability for any damages resulting from Customer failure to comply with Acceptable Use Policy service usage restrictions.  Customer and Crossroads Fiber each agree to cooperate with and support each other in complying with any requirements applicable to their respective rights and obligations hereunder imposed by any governmental or quasi-governmental authority.

Customer understands and acknowledges that Crossroads Fiber is not liable for any indirect, incidental, special, punitive, or consequential damages; lost profits, loss of data, loss of hardware or software, loss or liability resulting from computer viruses, Service defects, Service interruption or security insufficiency arising out of or related to this Agreement, the performance or breach thereof; the Services provided or failure to be provided; or any delay, non‐delivery, wrong delivery, or Service Interruption whether or not caused by the acts or negligence of Crossroads Fiber or their agents, employees, contractors or any party, even if the party has been advised of the possibility thereof.

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Crossroads Fiber reserves the right to change this Acceptable Use Policy at any time without prior notice. In the event any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.