1. Personal Information

Applicable law authorizes FiberNet to use the fiber system to collect personally identifiable information about our subscribers as necessary in order to render FiberNet services and service features and other services and to detect unauthorized reception or use of FiberNet services and service features. Applicable law prohibits us from using the fiber system to collect personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber's prior written or electronic consent. When you establish an account for FiberNet services we collect information such as your name, address, telephone number, e-mail address, as well as information used for credit checks, billing, and payment, and other information we may need to establish and service an account. During the initial provisioning of FiberNet services, and any subsequent changes or updates to that provisioning, FiberNet collects technical information about your computer hardware and software, cable modem and/or other cable service-related devices, and customization settings and preferences. If you rent your residence, we may have a record of whether landlord permission was required prior to installing our cable facilities as well as your landlord's name and address. FiberNet also collects personally identifiable information about you when you communicate with us for support, maintenance, and billing, send us e-mails, respond to our surveys or e-mails, engage in chat sessions with us, register for information, or participate in promotions or contests, for example. In addition, FiberNet may combine personally identifiable information, which we collect as part of our regular business records, with personally identifiable information obtained from third parties for the purpose of creating an enhanced personal database to use in marketing and other activities related to FiberNet services and our other services.

FiberNet considers the personally identifiable information contained in our business records to be confidential. Applicable law authorizes FiberNet to disclose personally identifiable information concerning any subscriber for the following purposes if the disclosure is:

• necessary to render, or conduct a legitimate business activity related to, FiberNet services and service features or other services provided to the subscriber;
• required by law or legal process (as described below in this Policy); or
• of the names and addresses of subscribers for "mailing list" or other marketing purposes

Applicable law prohibits us from disclosing personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber's prior written or electronic consent. The frequency of any information disclosure varies in accordance with our business activities and needs.

FiberNet may use and disclose personally identifiable information collected on FiberNet services as provided for by applicable law in order to:

• install, configure, operate, provide, support, and maintain FiberNet services;
• confirm that you are receiving FiberNet services requested and are properly billed for it;
• identify you when changes are made to your account;
• make you aware of new products or services that may be of interest to you;
• understand the use of, and identify improvements to, our service;
• detect unauthorized reception, use, or abuse of FiberNet services;
• determine whether there are violations of any applicable policies and terms of service;
• manage FiberNet services network;
• configure network interface devices or set top boxes or other service-related devices; and
• comply with law.

FiberNet may also use and disclose personally identifiable information as provided for by applicable law in order to perform, for example:

• billing and invoicing;
• administration;
• surveys;
• collection of fees and charges;
• marketing;
• service delivery and customization;
• maintenance and operations;
• technical support;
• hardware and software upgrades; and 
  
• fraud prevention.

We sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We sometimes also disclose personally identifiable information about you to our employees for FiberNet's internal business purposes, as well as to outside auditors, professional advisors and service providers, potential business transition partners, and regulators. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to, FiberNet services or other services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. We may also disclose certain personally identifiable information about you to third parties such as, for example, charities, marketing organizations, or other businesses, in connection with disclosures made for "mailing list" or other purposes.

2. Legal Disclaimer

We make every reasonable effort to protect subscriber privacy as described in this Policy. Nevertheless, we may be required by law to disclose personally identifiable information about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere, or directly with you, and for violations of FiberNet’s Terms of Use policy.

3. Transmission of Information

FiberNet transmits personally identifiable and non-personally identifiable information about you over FiberNet services when you send and receive e-mail, video mail, and instant messages, transfer and share files, make files accessible, visit Web sites, or otherwise use FiberNet services and its features. Our transmission of this information is necessary to render FiberNet services. FiberNet uses third parties to deliver some features and functions of FiberNet services, such as support, e-mail, video mail, instant messaging, and web hosting, for example, and those third parties collect or transmit personally identifiable and non-personally identifiable information about you. These third parties are not permitted to use your personally identifiable information except for the purpose of providing their services. We will not read your outgoing or incoming e-mail, video mail, private chat, or instant messages, but we (or our third party providers) do store e-mail messages and video mail messages on computer systems for a period of time. We could be required to disclose these messages and communications along with other personally identifiable information about you to comply with law or to protect our Service as described in the Legal Disclaimer section of this Policy. We also monitor the performance of our service and your service connection in order to manage, maintain, and improve FiberNet services and your connection to it. We (or our third party providers) use tools to help prevent and block "spam" e-mails, viruses, spyware, and other harmful or unwanted communications and programs on FiberNet services. These tools may automatically scan your e-mails, video mails, instant messages, file attachments, and other files and communications in order to help us protect you and FiberNet services against these harmful or unwanted communications and programs. However, these tools do not collect or disclose personally identifiable information about you.

4. Information Provided To Third Parties

FiberNet services will allow you to access third parties, including without limitation, content providers, on-line services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from FiberNet services, and others may be accessible from the third parties referenced above. In connection with this third party access, you may be requested or required to provide your name, address, telephone number, credit card number and other personally identifiable information to such third parties. FiberNet is not responsible for any such information provided by you to third parties and you assume all privacy and other risks associated with providing personally identifiable information to third parties via FiberNet services.