Acceptable Use Policy

FiberState Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs the use of services provided by FiberState, LLC (“FiberState,” “we,” “us,” or “our”), collectively referred to as the “Services,” and is incorporated into FiberState’s Terms of Service.

You may not use, allow, encourage, promote, or assist anyone in using the Services for prohibited activity.

The examples in this AUP are not exhaustive. FiberState may determine, in its reasonable discretion, whether activity violates this AUP or creates an unacceptable legal, security, operational, financial, or reputational risk.

Resellers and Downstream Users

Customers that resell, sublicense, share, or provide access to the Services remain responsible for their downstream users and for activity performed through the Services they provide.

Resellers must impose terms on downstream users that are at least as restrictive as FiberState’s Acceptable Use Policy.

A violation by a downstream user will be treated as a violation by the FiberState customer.

FiberState may restrict, null-route, suspend, or terminate an underlying Service because of downstream activity.

The customer is responsible for receiving and responding to complaints concerning their downstream users.

1. Illegal and Harmful Activity

The Services may not be used for:

1. Activity or content that violates applicable law.
2. Child sexual abuse material or sexual exploitation of minors.
3. Nonconsensual sexual content or illegal sexual activity.
4. Human trafficking or unlawful exploitation.
5. Credible threats, stalking, harassment, or unlawful invasion of privacy.
6. Fraud, phishing, identity theft, scams, deceptive schemes, or credential theft.
7. Unlawful gambling operations.
8. Money laundering or sanctions evasion.
9. Terrorist activity or unlawful violent threats.
10. Sale or trafficking of illegal drugs, weapons, or controlled materials.
11. Content or activity infringing copyright, trademark, patent, trade secret, privacy, publicity, or other legal rights.
12. Activity intended to unlawfully obstruct or interfere with law enforcement or a lawful investigation.
13. Activity creating an unreasonable threat to public safety, network security, FiberState, another provider, or another person.

Lawful adult content is permitted, provided that it complies with applicable law and does not generate an excessive volume of properly submitted copyright or DMCA complaints. FiberState may restrict, suspend, or terminate Services that repeatedly generate such complaints.

FiberState will determine whether the number, frequency, apparent legitimacy, severity, or circumstances of the complaints are excessive.

Adult content must comply with applicable law and may not involve minors, trafficking, coercion, exploitation, nonconsensual activity, or otherwise prohibited content.

2. Malware and Malicious Activity

You may not use the Services to create, host, distribute, control, receive data from, or knowingly facilitate:

1. Malware, ransomware, viruses, trojans, keyloggers, spyware, or destructive code.
2. Botnets or command-and-control infrastructure.
3. Credential-stealing software or phishing kits.
4. Denial-of-service or amplification attacks.
5. Traffic floods, mail bombs, logic bombs, or similar attacks.
6. Data obtained through unauthorized access or malicious software.
7. Software intended primarily to evade security controls or conceal malicious activity.
8. Systems used to attack, compromise, scan, exploit, or disrupt unauthorized third-party systems.

Security and testing tools may be used only against systems you own or have express authorization to test and only when the activity does not affect FiberState, other customers, or unauthorized third parties.

Testing FiberState’s network, customer portal, infrastructure, management systems, authentication systems, or security controls requires prior written authorization.

3. Unauthorized Access and Network Abuse

You may not:

1. Access or attempt to access a system without authorization.
2. Probe, scan, intercept, monitor, or test third-party systems without permission.
3. Circumvent authentication, access controls, rate limits, service limits, filtering, or security measures.
4. Forge or falsify packet headers, routing information, email headers, or transmission origins.
5. Spoof IP addresses or use IP addresses not assigned or authorized for your Service.
6. Interfere with the normal operation of a system or network.
7. Crawl, scrape, or monitor a system in a manner that causes disruption.
8. Conceal account or contact information to facilitate prohibited activity.
9. Retaliate against, attack, or disrupt another party.
10. Introduce malicious or contaminating code into a system.
11. Operate unsecured open proxies, open mail relays, open recursive DNS resolvers, or similar services that facilitate abuse.
12. Circumvent bandwidth, storage, billing, power, or resource restrictions.
13. Use FiberState’s network in a manner likely to cause retaliation, blocklisting, loss of connectivity, or material harm.
14. Attempt to obtain or use resources beyond those assigned or purchased.
15. Interfere with FiberState’s routing, switching, monitoring, security, or management systems.

Legitimate VPN, proxy, mail, DNS, scanning, crawling, or security services must be properly secured and operated in compliance with this AUP.

4. Email and Messaging

Unsolicited bulk email and abusive messaging are prohibited.

Customers sending bulk commercial or marketing messages must:

1. Obtain recipients through a valid affirmative-consent process.
2. Maintain evidence of recipient consent.
3. Use accurate sender, subject, and routing information.
4. Clearly identify the sender.
5. Provide a functional unsubscribe method.
6. Promptly honor opt-out requests.
7. Provide a working email address or other functional contact method for complaints.
8. Comply with applicable email, advertising, marketing, and privacy laws.

You may not:

1. Use purchased, harvested, scraped, or improperly obtained recipient lists.
2. Falsify or obscure message origins.
3. Send messages to recipients who have opted out.
4. Use third-party systems to send prohibited messages advertising or benefiting a Service hosted by FiberState.
5. Use another provider’s network in violation of its policies while promoting a FiberState-hosted Service.
6. Collect replies through FiberState for messages that violate this AUP.
7. Operate an open mail relay or unsecured messaging system.
8. Send messages that generate excessive complaints, bounces, or blocklist entries.

FiberState may restrict or suspend email activity that:

1. Generates excessive complaints.
2. Causes FiberState addresses or networks to be blocklisted.
3. Threatens network or IP reputation.
4. Fails to provide evidence of recipient consent when requested.
5. Creates unreasonable operational or legal risk.

5. Intellectual Property and Copyright Complaints

You may not unlawfully copy, store, publish, torrent, distribute, sell, or make available material protected by copyright or other intellectual-property rights.

You may not publish or distribute:

1. Tools primarily intended to defeat lawful copyright-protection measures.
2. Another party’s trade secrets in violation of a legal duty.
3. Counterfeit goods or services.
4. Trademarks used in a manner likely to create unlawful confusion.
5. Material you know was unlawfully obtained.
6. Content that infringes another party’s copyright, trademark, patent, or other intellectual-property rights.

5.1 Copyright Complaints

FiberState provides self-managed dedicated servers, hosting, network, and related services.

FiberState generally does not log into customer systems or directly create, select, manage, or remove customer files.

FiberState accepts copyright complaints and forwards applicable complaints to the customer responsible for the affected Service.

Copyright complaints may be sent to:

FiberState Abuse Department
Email: abuse@fiberstate.com

A copyright complaint should include:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the allegedly infringing material.
4. Information reasonably sufficient to locate the material, including the applicable IP address, URL, domain, file location, and relevant timestamps.
5. The complaining party’s name, mailing address, telephone number, and email address.
6. A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement that the information in the complaint is accurate and, under penalty of perjury, that the complaining party is authorized to act for the owner of the allegedly infringed right.

FiberState may request missing information and may delay or reject a complaint until sufficient information is provided to identify the affected Service and evaluate the complaint.

FiberState may forward the complaint, including the complainant’s contact information, to the affected customer.

5.2 Customer Notification and Response

When FiberState receives a copyright complaint concerning a customer’s Service, FiberState may forward the complaint to the customer and provide a deadline for response.

The customer must respond within the deadline stated by FiberState, which will generally be 24 hours unless FiberState provides a different deadline, and do one of the following:

1. Remove or disable access to the identified material and confirm that action.
2. Submit a valid counter-notice.
3. Provide information reasonably demonstrating that the complaint does not concern the customer’s Service.
4. Request information reasonably necessary to identify the complained-of material.

Because FiberState’s servers are self-managed, the customer is responsible for locating and removing or disabling access to files stored on its system.

FiberState does not determine copyright ownership, licensing disputes, or whether a disputed use qualifies as fair use.

FiberState may immediately null-route or suspend a Service before notifying the customer when necessary to stop an active attack, child sexual abuse material, malware, fraud, or another urgent threat.

This right also applies to urgent abuse, security, fraud, or legal matters unrelated to copyright.

5.3 Failure to Respond or Comply

If the customer does not respond within the stated deadline, does not remove or disable access to the identified material, or repeatedly fails to address properly submitted copyright complaints, FiberState may:

1. Null-route the affected IP address or network prefix.
2. Disable network access.
3. Suspend the affected Service.
4. Terminate the Service or customer account.

A null route may affect the entire server and all services using the affected IP address.

FiberState may keep the affected IP address or prefix null-routed, or the Service suspended, until the customer:

1. Confirms that the identified material has been removed or disabled.
2. Provides an acceptable response.
3. Submits a valid counter-notice.
4. Otherwise resolves the complaint to FiberState’s reasonable satisfaction.

FiberState is not required to temporarily restore a null-routed or suspended Service merely to permit the customer to access or retrieve data.

5.4 Counter-Notices

A customer who believes material was removed or disabled because of mistake or misidentification may submit a counter-notice containing:

1. The customer’s physical or electronic signature.
2. Identification of the removed or disabled material and the location where it appeared before removal or disabling.
3. A statement under penalty of perjury that the customer has a good-faith belief that the material was removed or disabled because of mistake or misidentification.
4. The customer’s name, mailing address, telephone number, and email address.
5. A statement consenting to the jurisdiction of the United States federal district court for the judicial district where the customer’s address is located, or, if the customer’s address is outside the United States, any judicial district where FiberState may be found.
6. A statement agreeing to accept service of process from the person who submitted the original complaint or that person’s representative.

FiberState may forward the counter-notice to the original complaining party.

FiberState may determine whether and when to restore network access. A counter-notice does not require FiberState to restore a Service that remains restricted, suspended, or null-routed for another violation, security concern, unpaid balance, or other reason permitted by FiberState’s policies.

FiberState is not required to restore material or Services that separately violate FiberState’s Terms of Service or this AUP.

5.5 Repeat Infringers

FiberState may suspend or terminate customers who repeatedly infringe copyrights or repeatedly fail to respond appropriately to copyright complaints.

FiberState may consider the number, frequency, validity, severity, and circumstances of complaints when enforcing this policy.

5.6 Misrepresentations

A person who knowingly materially misrepresents that material is infringing or that material was removed or disabled because of mistake may be responsible for resulting damages, costs, and attorneys’ fees under applicable law.

5.7 Copyright Records

FiberState may retain records concerning:

1. The copyright complaint.
2. The affected customer, Service, and IP address.
3. The date the complaint was forwarded.
4. The response deadline.
5. The customer’s response.
6. Removal or disabling confirmation.
7. Counter-notices.
8. Null routes, suspensions, or other enforcement actions.
9. Previous complaints involving the same customer.

6. Network and System Resources

You may use only the IP addresses, prefixes, bandwidth, storage, power, ports, and other resources assigned to you.

You may not:

1. Announce, route, bind, advertise, or use unauthorized IP addresses or prefixes.
2. Use addresses outside your assigned range.
3. Circumvent bandwidth, traffic, storage, billing, power, or technical restrictions.
4. Consume shared resources in a manner that materially disrupts others.
5. Store corrupted, infected, or malicious data that threatens shared infrastructure.
6. Conceal or misrepresent resource usage.
7. Obtain or use resources in excess of those purchased.
8. Use FiberState resources in a manner likely to cause blocklisting, retaliation, or material network damage.
9. Operate services that create excessive complaints, attacks, connection attempts, or resource consumption.
10. Interfere with FiberState’s ability to measure or manage resource usage.

FiberState may filter, quarantine, restrict, null-route, limit, or remove traffic or data that threatens security or stability.

7. Abuse Complaints

FiberState may forward an abuse complaint and the complainant’s contact information to the customer responsible for the affected Service.

The customer must respond within the deadline stated by FiberState and:

1. Stop or correct the reported activity.
2. Secure a compromised system.
3. Remove or disable access to prohibited material.
4. Provide information reasonably demonstrating that the complaint does not concern the customer’s Service.
5. Provide another response reasonably requested by FiberState.

Failure to respond does not prevent FiberState from acting.

If the customer does not respond within the stated deadline, does not correct the violation, or repeatedly fails to address complaints, FiberState may:

1. Block ports, protocols, destinations, or traffic.
2. Filter or rate-limit traffic.
3. Null-route the affected IP address or network prefix.
4. Disable network access.
5. Quarantine the system.
6. Suspend the affected Service.
7. Terminate the Service or account.

A null route may affect the entire server and all services using the affected IP address.

FiberState may keep an IP address or prefix null-routed until the customer responds and resolves the complaint to FiberState’s reasonable satisfaction.

8. Compromised Systems

FiberState may immediately isolate, filter, restrict, null-route, or disconnect a Service reasonably believed to be compromised, insecure, or being used to harm FiberState or another party.

FiberState may require the customer to patch, secure, reinstall, or otherwise remediate the affected system before reconnecting it.

A complete operating-system reinstall may be required when less extensive remediation appears inadequate.

FiberState does not provide forensic preservation, evidence collection, incident reconstruction, or malware analysis unless separately agreed.

Protective actions may result in interruption, loss of access, configuration loss, or data loss.

FiberState is not required to temporarily restore an isolated, null-routed, or suspended system to permit data retrieval.

The customer remains responsible for backups and evidence preservation.

9. Monitoring and Enforcement

FiberState does not routinely monitor customer content or systems. However, FiberState may monitor network traffic and investigate content, systems, or activity when reasonably necessary to operate or protect the Services, investigate abuse or security incidents, comply with law, or enforce its policies.

FiberState may investigate activity reported to it or detected through network, security, abuse, fraud, billing, or operational systems.

FiberState may:

1. Require correction of a violation.
2. Require the customer to remove or disable access to prohibited content, or remove or disable access where FiberState has the technical ability and legal authority to do so.
3. Block, filter, or rate-limit traffic.
4. Null-route IP addresses or prefixes.
5. Quarantine systems.
6. Require remediation or reinstallation.
7. Suspend or terminate Services.
8. Preserve relevant information.
9. Report suspected illegal activity.
10. Disclose relevant information as permitted or required by law.
11. Take other reasonable protective action.

FiberState may act without advance notice when immediate action is reasonably necessary to protect its network, equipment, providers, customers, facility, or the public.

When practical, FiberState may provide notice and an opportunity to correct a violation. FiberState is not required to delay protective action while waiting for a response.

You are responsible for violations performed through your Services by you, your users, downstream users, or anyone who obtains access through your credentials or systems, including activity resulting from compromised software, stolen credentials, or insufficient security.

No refund or account credit will be issued for an interruption resulting from an AUP violation, abuse complaint, copyright complaint, null route, suspension, or other enforcement action.

Abuse and copyright complaints may be sent to abuse@fiberstate.com.

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