Acceptable Use Policy
Welcome to XO Communications and Concentric Cloud Solutions. Please read this carefully. You are agreeing to this Acceptable Use Policy (AUP) when you visit and interact with sites sponsored by XO and Concentric, or if your service agreement or the nature of your use of our Services makes this AUP applicable. Your use of Service(s) may be suspended or terminated for violation of this AUP. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on our websites. Please check back periodically to review any changes to this policy.
If you have a Service Agreement with us, this policy is used in conjunction with those terms. Because we offer many different specialized Services, additional product and service terms or product requirements will also apply. Those terms will be available as part of your Service Agreement(s) with us and will govern those Services. Where there is a conflict between your Service Agreement and this AUP as to governing law or warranties and disclaimers, your Service Agreement will control.
You must use this site and our Services in accordance with the terms of this policy and your XO or Concentric Service Agreement, and in accordance with all applicable laws and regulations, and policies. Use of this site or Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, our Network or Services, or in any other way negatively impacts XO and/or Concentric is strictly prohibited.
Specifically, you may not:
- Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of others, nor relay communications through any third party servers without the owner's authorization.
- Probe, scan or test the vulnerability of our system or Network without our prior consent.
- Interfere with the Services or another's use of Services in any way.
- Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting.
- Collect or use information without the consent of the owner or use email addresses, screen names or other identifiers without the consent of the person identified.
- Engage in conduct that is likely to result in retaliation against our site, Network or Services, employees, officers or other agents of XO or Concentric, for example by engaging in behavior that results in any server being the target of a denial of service attack (DoS), IP address blacklisting or other similar acts.
- Configure your use of Services in a manner that prevents 911 from operating properly.
- Resell services that are not available for resale.
- Use the services in a manner inconsistent with the allowed use of underlying unbundled network elements or to avoid switched access charges.
- Use the Services to violate email, telemarketing or telecommunication laws or regulations, or in a manner that has a negative effect on our network or service delivery (including, without limitation, by the use of mass dial or pre-recorded calling applications in violation of law or regulation; overloading servers; violating caller-id regulations; causing any portion of our network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in our discretion, impose an unreasonable administrative burden on the company; etc.).
Additionally, you may not use our Services to upload, post or otherwise distribute or facilitate distribution of any Content that:
- Violates the intellectual property rights of any third party.
- Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, discriminatory or tortious...
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.
- Contains viruses, corrupted files, or any other similar software or programs that may damage our Networks or operation of other's computers.
- Has a negative effect on our business, Network or Service delivery (including, without limitation, overloading servers; causing any portion of our network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in our discretion, impose an unreasonable administrative burden on the company; etc).
- Constitutes unsolicited, duplicative or unauthorized e-mail (commercial or otherwise).
We reserve the right to take all legal and technical steps available to prevent the foregoing activities from being conducted using the Services, including the right, without prior notice, to monitor content and traffic patterns, perform vulnerability tests on systems residing on our IP address space, or to quarantine servers or Customer accounts if circumstances require. Such testing may include, but is not limited to, testing of mail and Internet servers or proxy servers for unrestricted third party relaying. We will use commercial reasonable efforts to ensure that such testing will not adversely affect Services or compromise service performance or the security of the networks. Customer may be required to correct any system vulnerability upon notification and/or suspend or terminate operations of a known compromised system.
Any failure by us to enforce this policy in every instance in which it might have application does not amount to a waiver of our rights.
Subject to the terms of the Service Exhibits, we do not claim any right or interest in your Content and assume no responsibility of any kind for your Content. Custody, possession, control and security of all your Content, regardless of its nature, is your responsibility, and you are liable in all respects for your Content. "Content" means any communications or information that may be generated, stored, cached, copied, published, transmitted or otherwise used by or made available by you through your use of the Service, such as web sites, software, data, documents, music, graphics, photographs, images, sounds, videos, messages, Customer Materials and any other like materials. You may not use the Services to download, publish, distribute, or otherwise copy or use any Content in any manner protected by copyright law unless you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or you are otherwise permitted by established copyright law to use, distribute or copy the work in any manner. Your use of our Service is not edited, censored or otherwise controlled by us, however, we do reserve the right to remove content, disable sites, or suspend or terminate Services if we determine, in our discretion, that Content or user practices are harmful, offensive, or otherwise in violation of law, applicable Service terms or this AUP.
Our Services are provided in the U.S., governed by U.S. laws and are generally intended for domestic use by U.S.-based Customers and End Users only. Customer is solely responsible for compliance with laws where Services are accessed and used by Customer or its End Users. We make no representation that materials available on this site or through any Service are appropriate or available for use in locations outside the United States, and accessing and using them from territories where their use may be subject to your International service terms, local law or where any contents that are illegal is prohibited. Those who access this site or any site hosted by XO from other locations are responsible for compliance with local law.
Intellectual Property Rights
© 2000-2013. All rights reserved. Our web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of XO Communications, LLC and its subsidiaries. If any pages, information or content is copied, it may only be copied for non-commercial uses and XO shall, in any event, retain all copyright and other proprietary interests therein.
XO, CONCENTRIC and NEXTLINK, along with the design logo associated with each and all other related names, design marks, product or feature names are Either registered trademarks or trademarks of XO Communications, LLC in the United states and/or other countries. These trademarks may not be used without express written permission. All other products and services referenced in this site are the trademark or services marks of their respective owners. Copyright, trademark, patent, trade secret, and other proprietary rights and laws protect all XO and Concentric content and materials available on this site or through any of our Services. Nothing on any XO website shall be interpreted or implied to confer any license or other right to any intellectual property, content, technology, system, process, or related material belonging to us by virtue of it being displayed or made accessible on any of our sites.
You may not use this site or any of our Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Services.
Except for material we may license or make available to you as part of a Service, we do not claim ownership, control or custody of any the information, materials and/or Content you submit to our sites or which you transmit or make available via the Services. However, by submitting or posting such content on areas of the Services that are accessible by the public or other users with whom you consent to share Content, you grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available to effect your Services.
Dial-up Use Rules
When accessing the Internet or any Services via dial-up, you must not operate server programs, including but not limited to, mail, IRC, ftp or Web servers, nor use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.
This AUP is subject to, and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Eastern District of Virginia.
Our Service Agreements and this AUP prohibit unlawful behavior by Customers and End Users. We take reports of violations seriously, and, where appropriate, may remove Content, disable sites, suspend or terminate services, or take other action as necessary. We may involve and will cooperate with law enforcement officials. We assume no responsibility for service interruptions or costs you may incur in connection with any assertion or defense of a violation of the Service Agreement or AUP.
- General Complaints: Third parties with a complaint about Customer activity allegedly in violation of this Acceptable Use Policy may write to email@example.com.
- Fraud Complaints: Unfortunately, we recognize that acts of fraud can be and are committed over the Internet. We encourage all Customers and Internet users to be vigilant about protecting their personal information, account numbers, id's, passwords, etc. As with non-Internet fraud, fraud complaints are best and most appropriately made to law enforcement authorities. If you believe you have been the victim of Internet fraud (either via the web or through email), we encourage you to contact your local or state consumer protection authority, or one among several U.S. agencies that handle complaints about Internet fraud.
- Copyright Complaints under the Digital Millennium Copyright Act (DMCA): Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on XO's system or network should be promptly sent in the form of written notice to our Designated Agent:
Designated Agent for DMCA Notices
Verizon Copyright Department
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is the policy of XO that upon receipt of a valid DMCA notice, XO will remove or disable access to allegedly infringing material.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, XO will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify XO that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is XO's policy to terminate the account of repeat copyright infringers in appropriate circumstances.