Terms and Conditions for Usage of the FiberNet Portal

 

The following agreement (the "Agreement") sets forth the terms and conditions applicable to You, as the user of the FiberNet Portal (the "System") located at www.fibernetportal.com (the "Site").  In the Agreement, the terms "FiberNet," "we" and "us" means FiberNet Telecom, Inc., and "You" collectively means the individual applying for a user name and password and the company that individual represents.  Your access to, and use of, the Site is expressly conditioned upon Your compliance with this Agreement and the FiberNet Privacy Policy, which is incorporated herein by reference.

1.       Membership. 

Persons who wish to use the Site must first register with FiberNet.  During the registration process, You will determine Your username and password.  By accepting this Agreement, You represent that You are eighteen years of age or older and that You are authorized to sign on behalf of Your company.  FiberNet will authenticate new user accounts and only registered persons may use the Site.  All user accounts are subject to periodical review by FiberNet, and we may decline Your application in our absolute discretion.

Your user name and password are personal to You and are not transferable.  You may not disclose Your user name or password to any third party, and You are solely responsible for any use of Your user name and password on this Site.  You are responsible for all access to the Site by anyone using Your user name and password.  You should notify us immediately of any breach of security regarding Your user name or password for the Site.  If Your password is compromised or otherwise disclosed, You must immediately change Your password in order to minimize Your risk of loss.

You agree that the terms of this Agreement are binding on You.  You may not contest or assert, and You waive any right to any defense in respect of, the invalidity or unenforceability of this Agreement or any order submitted through the Site on grounds that electronic contracts or electronic signatures are not admissible as evidence of an intent to be bound or otherwise do not bind You under any applicable law.

For the avoidance of doubt, no information provided on the Site about any FiberNet services constitutes an offer to sell any such services, and the acceptance of Your application to use the Site does not obligate us to accept any order from You.

2.       Use of the Site.
 
You agree that any information or data that You provide will not:  (a) be false, inaccurate or misleading, (b) be obscene or indecent, (c) contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information, (d) infringe on any FiberNet or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) be defamatory, libelous, unlawfully threatening or harassing, (f) create liability for FiberNet or cause FiberNet to lose the services of any its customers or service providers, or (g) impose an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, such as unsolicited e-mail or spam.

FiberNet may periodically schedule System downtime for maintenance and other purposes.  Unplanned System outages may also occur.  FiberNet has no liability whatsoever for the resulting unavailability of the Site or for any loss of data caused by planned or unplanned System outages or the resulting delay or non-delivery of information caused by such System outages.

You assume total responsibility for Your use of the Site.  You acknowledge and agree that any uploads or transmissions that You make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely Yours.  You are responsible for implementing sufficient procedures to satisfy Your particular requirements for accuracy and security of data, and for maintaining a means external to the Site for the reconstruction of any lost data.

 

3.       Price Quoting Services.
 
Each price quote for services ("Quote") provided to You by FiberNet will contain the option to buy the requested service at a set price.  Once You accept the Quote and submit an online order form to FiberNet, You are deemed to have submitted an irrevocable order to purchase the requested services from FiberNet.   Each order is then subject to acceptance by FiberNet; the issuance of a Quote does not obligate us to accept any order from You.  You and FiberNet shall execute a Master Service Agreement for such FiberNet services.  If no such Master Service Agreement is executed for whatever reason, then the FiberNet service shall be provided subject to FiberNet's standard terms and conditions for the relevant service.

 

4.       Privacy.
 
You agree that You have read and understand the terms its current Privacy Policy, which is available at www.fibernetportal.com/terms.aspx and is incorporated by reference herein.  This policy governs the collection, use and sharing of personal and non-personal information from You when using the Site.

 

5.       Confidentiality.

All information contained in the members' area of the Site is strictly confidential and access to such information is limited to registered users only.  You agree to keep all such information strictly confidential.  You agree that You will not disclose any such information to any person outside of Your company and that You will only disclose such information to officers, employees and agents of Your company to the extent necessary for Your company to determine whether or not to place an order for FiberNet services.  You shall ensure that any such persons to whom confidential information is disclosed observe written confidentiality obligations that are no less onerous than this undertaking.  You shall promptly notify FiberNet of any unauthorized use, disclosure, theft or other loss of any such confidential information immediately upon becoming aware of the same. 

 

6.       Termination.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without prior notice.  Without limiting any other remedies available to it at law or in equity, FiberNet may limit Your activity on the Site, issue a warning, suspend or terminate Your user account and refuse to provide its services to You if (a) You breach this Agreement, (b) FiberNet is unable to verify any information that You provide to FiberNet; or (c) FiberNet believes that Your actions may cause financial loss or legal liability for You, FiberNet or any third party.

 

7.       Intellectual Property.
 
Other than personally identifiable information, which is covered by our Privacy Policy, any material that You transmit or post to the Site shall be considered non-confidential and non-proprietary.  You hereby grant FiberNet a non-exclusive, worldwide, royalty-free, irrevocable and sublicensable right to exercise all copyright and rights of publicity over such material.  FiberNet and its designees are free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 

All intellectual property rights in all the material contained in the Site, including, without limitation, in the Site design, text, images, downloads and graphics, and all software applications, including the underlying source code (collectively, the "Proprietary Content"),  belong to FiberNet, its subsidiaries or associated companies and licensors.  The Proprietary Content is protected by U.S. and international copyright and trademark laws.  In no way limiting the terms of Section 5, none of the Proprietary Content may be reproduced, stored in any other website, included in any public or private electronic retrieval system or service, or redistributed without our prior written permission.  You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works of any of the Proprietary Content. 

We assume no responsibility for the contents of any third party websites to which the Site has links.  These links are provided solely as a convenience to You.  In addition, the use of third party trademarks, logos, or brand names in the Site is for identification purposes only and does not imply an endorsement by FiberNet of the trademark owner.  You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content.  

Except as expressly provided above, nothing contained herein will be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of FiberNet or any third party.   Any rights not expressly granted by this Agreement are reserved by FiberNet.

 

8.       Indemnity.
 
You agree to indemnify, defend and hold FiberNet and its affiliates, officers, directors, employees and agents harmless from any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys' fees) that result from:  (a) Your use of the Site, (b) Your breach of this Agreement or the documents it incorporates by reference, or (c) Your violation of any applicable law or the rights of a third party.  FiberNet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with FiberNet in asserting any available defenses.

 

9.       Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL FIBERNET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT FROM: (A) YOUR USE OF OR INABILITY TO USE THE SITE, (B) viruses that may infect your computer equipment, software, data or other property on account of your access to OR use of thE site or your downloading of any material from thE site or any third party websites linked to thE site, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (D) ANY OTHER MATTER RELATING TO THE USE OF THE SITE OR THE SYSTEM, EVEN IF FIBERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER AMOUNT OF THE FEES PAID TO FIBERNET, IF ANY, FOR YOUR USE OF THE SITE OR $1.00.   THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF FIBERNET, ITS AFFILIATES, AND TO ALL OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

 

10.    No Warranty.
 
THE SYSTEM, THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FIBERNET DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD THERETO.  MOREOVER, FIBERNET DOES NOT WARRANT THAT THE SYSTEM, THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

11.    Governing Law.
 
This Agreement will be construed in accordance with the laws of the State of New York , without regard to its choice of law provisions.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the City of New York for any litigation or disputes arising out of this Agreement or Your use of the Site.  You hereby agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

 

12.    Miscellaneous. 

FiberNet may amend this Agreement or any policy of the Site at any time in its sole discretion.  All amended terms will be effective immediately upon posting on the Site.  You agree to review this Agreement periodically to be aware of any revisions, and Your continued access or use of the Site in any manner will be deemed to be Your conclusive acceptance of any amended Agreement.

The rights and obligations that by their nature would extend beyond the termination or expiration of this Agreement, including, without limitation, indemnification, confidentiality and limitation of liability provisions, will survive such termination or expiration. 

You may not assign Your rights or delegate Your responsibilities hereunder without FiberNet's express written permission.  FiberNet may, at any time, assign its rights or delegate its obligations hereunder without notice to You. 

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between You and FiberNet pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding Your use of the System and the Site.

If any provision or any part of any provision of this Agreement or any document or writing given in connection with this Agreement is or becomes invalid or unenforceable under applicable law, said provision or part will be ineffective only to the extent of such invalidity or unenforceability, without affecting in any way the remaining parts of said provision or the remaining provisions of this Agreement. 

No delay or failure by FiberNet in exercising any right hereunder will constitute a waiver of such right or any other rights hereunder.  

No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement will have any right to enforce any term of this Agreement.  

Copyright © 2006 FiberNet Telecom, Inc. All rights reserved.

 

FiberNet Privacy Policy

 

1.       Introduction.

We at FiberNet Telecom, Inc. ("FiberNet") are committed to respecting Your online privacy and recognize Your need for appropriate protection and management of any personally identifiable information ("Personal Information") that You share with us.  This privacy policy ("Privacy Policy") governs the collection and use of Personal Information gathered from You through our website, found at www.fibernetportal.com (the "Site").  FiberNet has established this Privacy Policy so that You can understand the care with which we intend to treat Your Personal Information.

You are able to visit areas of our Site without specifically revealing who You are or otherwise providing Personal Information.  However, we collect domain names of all users of our Site to measure the number of visits, pages visited, average time spent on the Site, etc.  We also collect e-mail addresses of those who send us e-mail messages so we can respond, if requested, and also to be able to improve the functionality of our Site.  There are also price quoting services on the Site which require identification and other information to facilitate that function of our service.  Users will have to register and provide the requested information in order to utilize these portions of our Site.

If You choose to provide us with Personal Information on our Site, for example, by registering with us, by using our online system applications or by sending us an e-mail, You thereby agree to share that information with us.  We may use Personal Information about You to improve our marketing and promotional efforts, to statistically analyze Site usage, to improve our content and to customize our Site's services, content and layout.  We may also use Personal Information to inform You of new services, changes or promotions.  If You do not want us to send this type of notice, please send us an e-mail requesting that this kind of notice not be sent.

2.       Information Sharing.

FiberNet understands the importance of privacy and confidentiality to users of our Site.  FiberNet only shares Personal Information with other companies or individuals outside of FiberNet in the following limited circumstances:

a.        We have Your consent.

b.       We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing Personal Information and to help us deliver programs, products, information and services.  FiberNet will take reasonable steps to ensure that third-party service providers are obligated to protect Personal Information on FiberNet's behalf and are restricted from using the Personal Information for any reason other than providing a service to FiberNet or its members.  

c.        We have a good faith belief that access, use or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable terms of the Agreement, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against imminent harm to the rights, property or safety of FiberNet, its users or the public.

FiberNet will not give, sell or otherwise disseminate Personal Information, except as outlined above, in a manner in which the members can be identified.  We will use anonymous information gathered from registrations and from usage of the applications on our Site to provide better service to our members.  We may also analyze the information including performing a trend analysis to better serve our members.  

3.       Cookies.

A "cookie" is a small text file that may be used to collect information about website activity.  Some cookies and other technologies may serve to recall personal information previously indicated by a user.  Most browsers allow individuals to control cookies, including whether or not to accept them and how to remove them.  By using cookies, information is potentially collected without the express knowledge of users.  FiberNet makes use of cookies to keep track of member status as a logged-on registered member of our Site.  Cookies may also be used to track information regarding a user's past history in order to provide better and more efficient services to that user.  

 

4.       Security of Information.

FiberNet employs information security techniques to protect confidential information from unauthorized access both inside and outside FiberNet.  Access to member information is limited to those FiberNet employees who have a legitimate business need for the information.  Wherever Your Personal Information may be held within FiberNet or on its behalf, we intend to take reasonable and appropriate steps to protect the Personal Information that You share with us from unauthorized access or disclosure.  

Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information that we collect from our users.  Our Site may include links to the websites of our business partners or others.  To the extent that You disclose Your information to other parties, You are subject to the privacy customs and policies of that third party.  We are not responsible for the content or the privacy practices employed by any third parties and expressly disclaim any and all liabilities related to the collection, use or disclosure of information collected by third parties.

 

5.       Data Integrity.

FiberNet processes Personal Information only for the purposes for which it was collected and in accordance with this Policy.  We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Information needed to provide or improve our services.  We take reasonable steps to ensure that the Personal Information that we process is accurate, complete, and current, but we depend on our users to update or correct their Personal Information whenever necessary.

 

6.       Personal Information Related to Children.

Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or attempt to use the service.  FiberNet does not knowingly collect personal information from persons who identify themselves as being less than 18 years of age.  Persons under 18 years of age are not eligible to register on our Site.

 

7.                Acceptance.

Use of our Site signifies that You consent to the terms of our Privacy Policy and to FiberNet's processing of Personal Information for the purposes provided above.  FiberNet intends to monitor and comply with new privacy requirements as they are promulgated under applicable law.  We reserve the right, at our discretion, modify, add or withdraw portions of our Privacy Policy without notice.  Any amendments made to this Privacy Policy will be considered effective immediately upon posting on the Site.  We recommend reviewing this Privacy Policy on a regular basis for changes.

 

 

Copyright © 2006 FiberNet Telecom, Inc. All rights reserved.