Acceptable Use Policy

GENERAL NOTICE

By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this Acceptable Use Policy (‘AUP”) is to comply with the relevant laws of the Federal Republic of Nigeria; to specify to customers and users of our service/website what activities and online behavior are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our customer services department at 234 1 7001200 or csc@fob.ng or use our online chat function.

FiberOneBroadband respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

UNLAWFUL USE

FiberOneBroadband’s services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Federal Republic of Nigeria.

This includes:

• Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

• Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Federal Republic of Nigeria or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

• Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, FiberOneBroadband cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by FiberOneBroadband’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

• Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

• Any fraudulent activity whatsoever, including dubious financial practices such as pyramid schemes; the impersonation of another subscriber without their consent; attempting to acquire sensitive information such as usernames, credit card details, etc. by masquerading as a trustworthy entity in an electronic communication (phishing); advance-fee fraud scams or any attempt to enter into a transaction with FiberOneBroadband on behalf of another subscriber without their consent.

• Any violation of the exchange control laws of the Federal Republic of Nigeria.

• Any activity that results in the sale, transmission or distribution of pirated or illegal software.

• Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

• Where any user resides outside of the Federal Republic of Nigeria, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, FiberOneBroadband will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using FiberOneBroadband’s resources, including the provisioning of all personal identifiable data.

PROHIBITED ACTIVITIES

The following sections outline activities that are considered an unacceptable use of FiberOneBroadband’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

THREATS TO NETWORK SECURITY

Any activity which threatens the functioning, security and/or integrity of FiberOneBroadband’s network is unacceptable. This includes:

• Any efforts to attempt to gain unlawful and unauthorized access to the network or circumvent any of the security measures established by FiberOneBroadband for this goal;

• Any effort to use FiberOneBroadband’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

• Forging of any TCP-IP packet header (“spoofing”) or any part of the header information in an email or a newsgroup posting;

• Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;

• Any activity which threatens to disrupt the service offered by FiberOneBroadband through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

• Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.

• Any unauthorized monitoring of data or traffic on the network without FiberOneBroadband’s explicit, written consent.

• Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

 

 

PUBLIC SPACE AND THIRD PARTY CONTENT AND SITES

In reading this AUP or in signing a service contract with FiberOneBroadband, you acknowledge that FiberOneBroadband has no power to control the content of the information passing over the Internet and its applications, including e-mail; chat rooms; news groups; or other similar fora, and that FiberOneBroadband cannot be held responsible or liable, directly or indirectly, for any of the above mentioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the FiberOneBroadband network, and websites and web pages or sites displayed as search results or contained within a directory of links on the FiberOneBroadband network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

FiberOneBroadband employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

UNSOLICITED, SPAM AND JUNK MAIL

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. FiberOneBroadband will take swift and firm action against any user engaging in any of the following unacceptable practices:

• Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

• Operating or maintaining mailing lists without the express permission of all recipients listed;

• Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list;

• Using FiberOneBroadband’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet Service Provider;

• Including FiberOneBroadband’s name in the header or by listing an IP address that belongs to FiberOneBroadband in any unsolicited email whether sent through FiberOneBroadband’s network or not;

SPAM/VIRUS FILTERING

FiberOneBroadband provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that FiberOneBroadband shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

FiberOneBroadband reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam.

PROTECTION OF MINORS

FiberOneBroadband prohibits customers from using FiberOneBroadband’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

FiberOneBroadband respects the privacy and confidentiality of our customers and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

 

USER RESPONSIBILITIES

Customers are responsible for any misuse of FiberOneBroadband services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse FiberOneBroadband’s service.

FiberOneBroadband urges customers not to reply to unsolicited mail or “spam” and not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and FiberOneBroadband cannot be held liable for the Customer being placed on any bulk mailing lists as a result.

Where the customer has authorized a minor to use any of FiberOneBroadband’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

FiberOneBroadband cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the FiberOneBroadband network. Further, FiberOneBroadband assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customer’s.

 

COMPLAINTS AND PROCEDURES

It is the customer’s responsibility to familiarize himself or herself with the procedure set out below and report any cases of violation of this AUP to FiberOneBroadband’s designated complaints handling agent.

Please note that FiberOneBroadband cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for FiberOneBroadband to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

• the origin of abuse or offense, including the website, full mail headers, relevant log file extracts etc;

• any contact details for the source of the complaint;

• a brief explanation why the incident is considered to be an offense.

FiberOneBroadband discourages anonymous complaints being made via this service and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

 

ACTION FOLLOWING BREACH OF THE AUP

Upon receipt of a complaint or having become aware of an incident, FiberOneBroadband may take any of the following steps:

• In the case of network abuse, inform the user’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and the NCC Code of Conduct;

• In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means;

• In the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;

• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

• Institute civil or criminal proceedings;

• Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies

 

RESERVATION AND NON WAIVER OF RIGHTS 

FiberOneBroadband reserves the right to amend or alter this policy at any time, and without notice to you.

FiberOneBroadband reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

FiberOneBroadband reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

FiberOneBroadband reserves the right to monitor user- and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

FiberOneBroadband reserves the right to suspend, revoke or cancel FiberOneBroadband’s services to the customer/user if the safety and integrity of FiberOneBroadband’s resources are placed at risk in continuing to provide service to the subscriber/user.

FiberOneBroadband reserves the right to remove any information or materials in whole or in part, that, in FiberOneBroadband’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

FiberOneBroadband does not undertake to guarantee the security of any data passing through its networks. Although FiberOneBroadband will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and FiberOneBroadband cannot be held liable for any loss or damage arising as result of the failure to do so.

FiberOneBroadband does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should FiberOneBroadband fail, neglect or elect not to enforce a breach of the AUP at any time.

 

FAIR  USE POLICY (FUP)

 

FiberOneBroadband is pleased to announce the removal of bandwidth limitations on down-load and up-load on the its SmartHome Plan:

Customers can use the bandwidth without the concern of being throttled, shaped, contended or capped in anyway. FiberOneBroadband reserves the right to limit customer’s usage or speed based on our Acceptable Use Policy (AUP) which can be found on the FiberOneBroadband website.

Due to the way FiberOneBroadband provides FTTH services and the associated cost we have implemented a Fair Usage Policy based on our FiberOneBroadband Uncapped product offering. The fibre line provided by FiberOneBroadband can vary due to certain limitations attributed to their FTTH network.

The Broadband access service is provided over a shared, “best endeavours” and contended network with limited service guarantees, which may be impacted by the activities of other users.

To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, FiberOneBroadband reserves the right, and will take necessary steps, to prevent excessive usage.

No further restrictions or limitations will be placed on the line while it is rate limited and the connection will remain uncapped and unshaped for this period.

The action that FiberOneBroadband may take includes, but is not limited to:

SHAPING THROUGHPUT

Prioritizing services utilizing specific ports or communication protocols;

RATE LIMITING THROUGHPUT

This policy applies to and will be enforced for both intended as well as unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) excessive usage.  Where excessive usage is as a result of unintended usage, FiberOneBroadband may request that the source of the unintended usage be removed.

TECHNICAL MEASURES TO PREVENT ABUSE OF THE BROADBAND ACCESS SERVICE

FiberOneBroadband reserves the right to take such action as may be necessary to protect the integrity of the FiberOneBroadband Network, including, system monitoring, protocol management and shutting down of ports affected by viruses, worms or other malicious code.

LEGAL RIGHTS

FiberOneBroadband reserves the right to modify this policy at any time, which changes shall become effective as soon as they are posted to the FiberOneBroadband website.