Hammer Fiber Internet Usage Policy
This policy is posted and maintained on our website at www.hammerfiber.com. Hammer Fiber Optic
Investments (hereafter “Hammer Fiber”) reserves the right to modify this policy from time to time
without notice to you by posting updated versions at the aforementioned website. You, your agents,
servants, employees, invitees and others who use your Service (hereafter collectively known as
"users" or "you") should periodically review the Internet Usage Policy to conform to the most recent
version. Any modification to the policy is considered to be in effect immediately upon posting. By
subscribing to any Hammer Fiber service, (the "Service") you agree not to use the Service for any
unlawful purpose and to comply with all policies and terms of this Usage Policy.
This Internet Usage Policy, including modifications posted to the website over time, is incorporated
into your Service Agreement. If you, and/or any user of your service, fail to abide by any of the
terms of the Internet Usage Policy, as modified, Hammer Fiber reserves the right to suspend or
terminate any or all provisions of the Service to you as further detailed below in the paragraph
entitled "Violation of the Hammer Fiber Internet Usage Policy". Additionally, Hammer Fiber
reserves the right to charge you for any direct or indirect costs we may incur in connection with your
failure to abide by the Internet Usage Policy. Hammer Fiber, reserves its right to deny service to
you, at its sole discretion, if it deems itself unable to deliver the service at suitable or appropriate
performance levels and/or if your requirement may interfere with the performance of the network
and/or the ability of others on the network to receive their service at suitable or appropriate
performance levels.
The Service and/or equipment we provide shall be used only by you, your agents, servants and
employees and others who you authorize to use the Service on the premises at which the Service
has been installed. This Service is not for reuse by others and may not be resold or redistributed in
any fashion. You have sole responsibility for ensuring that all other users understand and comply
with the terms and conditions of this Internet Usage Policy, including modifications or revisions over
time.
Furthermore, you are responsible for any misuse of your Service or equipment, regardless of
whomever may have perpetrated the inappropriate activity (i.e. an invitee, licensee, agent, servant,
guest, employee or any other person who gains access to the Service). Hammer Fiber therefore
requires that you ensure that others do not gain unauthorized access to the Service, through strict
maintenance of password confidentiality and/or by appropriately protecting your computer,
network, and/or any wireless devices you use in connection with the Service. It is your sole
responsibility for the security of a device you connect to the Service, including any data stored on
that device. Hammer Fiber recommends against allowing remote access to your computer, printers,
or networks, including but not limited to file and print sharing services.
Hammer Fiber may choose to provide Electronic Mail (henceforth “Email”) service to you. The use of
Hammer Fibers Email service is governed by this policy as well as any service level agreements. This
policy strictly prohibits the transmission of unsolicited bulk Email or spam. Furthermore, the service
may not be used to receive responses from unsolicited bulk emails generated from other hosts or
email services. Additionally, tampering with or removing Email headers is also prohibited. At no
time may you use, reference or infer an association with Hammer Fiber in any unsolicited email.
Hammer Fiber is not responsible for email sent to any account/address that has been suspended or
canceled. Hammer Fiber, may choose to end this service at any time.
Using Hammer Fiber’s Service or equipment to engage in any violation of local, state, federal or
international law, order or regulation is a violation of this Internet Usage Policy. Prohibited activities
include, but are not limited to the following:
(i)
(ii)
(iii)
possessing, storing, transmitting or otherwise disseminating material which is unlawful
(i.e. child pornography or obscene material);
possessing, storing, transmitting or otherwise disseminating material which violates the
copyright or other intellectual property rights of others;
fraudulent endeavors, including:
a. pyramid or other illegal soliciting schemes,
b. impersonating any person or entity
c. forging anyone else's digital or manual signature;
It is a further violation of this policy to utilize the Service or any equipment provided to you by
Hammer Fiber to directly or indirectly:
a.) interfere with or otherwise inhibit or cause a degradation in performance, despite intent or
knowledge, to the Service, the network or infrastructure used by Hammer Fiber or its suppliers;
b.) interfere with or otherwise inhibit, or impede our ability to monitor or deliver any feature of the
Service;
c.) interfere with or otherwise inhibit any networking or telecommunications service to or from any
host, network, or other user including but not limited to, overloading a service, denial of service
(collectively “crashing”), unauthorized access to or abuse of a system (collectively "hacking");
d.) interfere with or otherwise inhibit the ability of another person(s) to access the Internet, any
equipment or other feature of the Service, including but not limited to: disseminating any
information or software that contains malicious programming (i.e. virus, lock, key, bomb, worm,
Trojan Horse or other harmful or debilitating feature); distributing mass or unsolicited email (i.e.
spam); or creating levels of bandwidth consumption sufficient enough to impede another users
ability to access or distribute information;
e.) utilize or distribute devices, software, services, or programs designed for compromising security
(i.e. encryption circumvention devices or Trojan Horses)
f.) gain access to another user or entity’s data, system, network and/or hardware, without the
consent of the aforementioned person and/or entity;
g.) gain access to any confidential, copyright protected or patent protected material (henceforth
collectively “protected materials”) of any other person or entity, without the consent of the
aforementioned person and/or entity;
h.) retransmit, alter, or redistribute in any manner protected materials, with prior permission or
consent of the materials right-holder;
i.) invade a person's or entity’s privacy, through the collection of personal information or protected
materials without the consent of the aforementioned person and/or entity;
j.) unlawfully promote, use, possess, store, post, transmit or disseminate
a. obscene , profane or pornographic material;
b. content that is unlawful, threatening , abusive, libelous, slanderous, defamatory or
otherwise offensive or objectionable;
c. content designed to incite hatred;
d. objectionable information, including, without limitation, any transmissions constituting
or encouraging conduct that would constitute a criminal offense , gives rise to civil
liability, or otherwise violate any local, state , federal or international law, order or
regulation;
k.) reproduce or relicense software Hammer Fiber may make available to you, without the
prearranged permission of Hammer Fiber;
l.) tamper with or modify any equipment or service Hammer Fiber provides you.
m.) utilize an IP Address different form the IP address specifically assigned to you by Hammer Fiber
n.) repackage, distribute, resell, or otherwise provide the service to anyone outside the service
premises, without prior written consent from Hammer Fiber.
o.) enable general access or open Wi-Fi or provide access to third parties unless otherwise specified
in your Business Service Agreement.
p.) operate a server, or other system such as mail or file servers, configuration servers, multi-media
streamers, or other equipment designed to provide network level services to users outside the
premises at which the service is installed, unless expressly provided for in your Service Level
Agreement.
Hammer Fiber requires you to comply with United States Copyright laws, and in accordance with those
laws, we reserve the right remove or block material or content that may have protection under
intellectual property or copyright law, at our discretion. Copyright Owners may report alleged
infringement to Hammer Fiber by sending an infringement claim which satisfies the Digital Millennium
Copyright Act of 1998. Upon verification of the claim Hammer Fiber may remove or block the content in
question or terminate the service, at its discretion. All inquiries regarding copyright and intellectual
property including infringement claims and counterclaims should be addressed in writing to :
Hammer Fiber Optic Investments
Compliance Office
311 Broadway
Point Pleasant Beach, NJ 08742
Violation of Internet Usage Policy
Though Hammer Fiber is under no obligation to monitor transmission on its network, Hammer Fiber
does reserve the right to monitor transmissions, at its sole discretion, in order to ensure compliance
with this Internet Usage Policy, as well as any and all service level agreements, and international, federal
or state law, mandate, order or regulation. Any failure by Hammer Fiber to execute any portion of this
policy shall not be construed as a waiver of the policy, and Hammer Fiber reserves its right to execute
any or all of the actions contained within at any time, as is consistent with this policy and applicable law.
Hammer Fiber further asserts its right to enforce this policy by taking actions that may include, but are
not limited to, any or all of the following measures:
a.) blocking or removing, either temporarily or permanently, any content or material it deems to
be in violation of this policy;
b.) preventing transmission of, either temporarily or permanently, any content or material it
deems to be in violation of this policy;
c.) disclosure of transmissions, which it deems to be in violation of this Internet Usage Policy
and/or any service level agreement, international, federal or state law, order or regulation, to
law enforcement;
d.) suspending or terminating any part or all of The Service
Hammer Fiber, its partners, agents, or suppliers will have no liability for any of the aforementioned
actions as they pertain to remedying violations of the Internet Usage Policy, and/or conforming with
international, federal, state, or local law, order, mandate or regulation. You authorize Hammer Fiber,
and/or its designated suppliers, partners, agents, and/or law enforcement agencies to execute and/or
permit the execution of investigations or examinations of materials related to the enforcement of this
policy, and/or law, regulation, mandate or order. Additionally, you authorize Hammer Fiber to
cooperate with system administrators from outside or third party Internet Service Providers, network or
computing services, as that cooperation pertains to the enforcement of this policy, your service
agreement and/or international, federal or state law, order or regulation. Said cooperation may include,
but is not limited to, providing information about you, such as username, subscriber name, IP address
and/or other account information. If Hammer Fiber deems it necessary to terminate your account, it
reserves the right to delete any data associated with your account.