Acceptable Use Policy

WESTFIELD GAS + ELECTRIC TELECOMMUNICATIONS ACCEPTABLE USE POLICY

Westfield Gas + Electric (herein known as “Whip City Fiber”) seeks to provide and foster an on‐line community that can be used and enjoyed by all its telecommunications customers. To further that goal, Whip City Fiber has developed an Acceptable Use Policy. Although much of what is included here is common sense, Whip City Fiber takes these issues very seriously and will enforce its rules to ensure enjoyment by all of its members. Whip City Fiber reserves the right to suspend or cancel a subscriber’s account for engaging in inappropriate conduct. (Subscribers, of course, also remain legally responsible for any such acts.) In using the telecommunication services provided over Whip City Fiber’s fiber optic network, subscribers accept this list of restrictions as well as those set forth in Whip City Fibers’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 following guidelines: 

Customer shall take no action, knowingly or unknowingly, that constitutes a prohibited use. Prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the Whip City Fiber Equipment, either individually or in combination with one another, to:

(a) Interfere in any way with, impair, or adversely affect the facilities used by Whip City Fiber to provide the Service(s)

(b) Expose Whip City Fiber or such facilities to any claim, lien, encumbrance or legal process

(c)  Violate this Acceptable Use Policy and associated Terms and Conditions or any law, rule or regulation, including, but not limited to, any transmission Customer intentionally or knowingly sends or the content thereof that violates any copyright or export control laws, or that is libelous, slanderous or an invasion of privacy

(d) Resell the Services or otherwise make available to anyone outside the Customer premises the ability to use the Services (for example, through WiFi or other methods of networking), in whole or in part

(e) Use the Services for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit)

(f)   Whip City Fiber reserves the right to suspend or terminate Service accounts where data consumption is not characteristic of a typical user of the Service as determined by the company in its sole discretion, or where it exceeds published data consumption limitations. Common activities that may cause excessive data consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using file transfer protocol (“FTP”), peer‐to‐peer applications, and user generated content sites.

(g) Connect the Whip City Fiber Equipment to any computer outside of Customer premises

(h) Impede others’ ability to use, send, or retrieve information

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

(j)   Restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Services (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

(k)  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

(l)   Access and use the Services with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). Customer may not configure the Services or any related equipment to access or use a static IP address or use any protocol other than DHCP unless Customer is subject to a Service plan that expressly permits Customer to do so.

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

Customer shall promptly notify Whip City 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 Whip City Fiber reasonably determines that Customer is using the Service(s) in violation of the Acceptable Use Policy section above, Whip City 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 Whip City 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.