This Acceptable Use Policy specifies the actions required and/or prohibited by PS Lightwave to users of the PS Lightwave Network. PS Lightwave reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: https://www.pslightwave.com.
Network Usage: Federal Universal Service Fund Surcharge
PS Lightwave does not provide circuit service outside of the State of Texas. Traffic utilized over PS Lightwave’s local DIA and Ethernet circuits(s) (“Network”) is intended to be only intrastate in nature. Traffic is interstate if communication or the transmission of data traverses state lines. A customer’s physical network may or may not traverse state lines. The physical and end points of the facility over which the service is delivered is NOT the determinant of its jurisdictional assignment. If total traffic of ten percent (10%) or more of non-Internet usage is transmitted over the circuit, the service will be considered to be interstate and Federal USF fees will apply. When non-Internet usage is less than ten percent (10%), the entire circuit is considered intrastate and only any applicable in-state fees will apply.
The USF fee will be automatically assessed beginning with the first invoice unless a qualifying exemption form is completed and returned to PS Lightwave’s Accounts Receivable Department at email@example.com.
To assist the customer with determining whether their usage of PS Lightwave’s circuit is interstate or intrastate, please click on the following link: https://www.usac.org/wp-content/uploads/service-providers/documents/forms/2023/2023-FCC-Form-499A-Form-Instructions.pdf
The PS Lightwave Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
System & Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. PS Lightwave will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Sending unsolicited mail messages, including without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also know as “SPAM”) is explicitly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A PS LIGHTWAVE CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
Calculation of Usage
For contracted bandwidths up to 100Mbps, PS Lightwave will allow the Customer to burst beyond their contracted bandwidth to a maximum port speed of 100 Mbps. PS Lightwave will collect and record usage samples around the clock at frequent, regular intervals and calculate a monthly total which effectively disregards bursts of the top five percent (5%) usage within the total monthly sample, without incurring additional charges.
Customer will only incur additional charges, in per Meg increments if the total of the remaining ninety-five percent (95%) usage exceeds the contracted bandwidth. If the Customer at any time chooses to limit their bandwidth access to the contracted rate, PS Lightwave will rate shape the unique circuit port to guarantee a not-to-exceed bandwidth and allow the Customer to maintain the same monthly recurring fee.
PS Lightwave shall waive any incremental charges upon the first time occurrence where the Customer exceeds the ninety-five percent (95%) rule. Customer shall elect one of the following options:
- The Customer may rate shape the bandwidth to guarantee to not-to-exceed bandwidth assuring the same monthly recurring fee; or
- The Customer may increase the circuit bandwidth to reflect the additional bandwidth needed. (PS Lightwave will generate a Change Order Confirmation to the existing Service Order reflecting this change and forward to the Customer); or
- The Customer agrees that any future occurrence to the Customer exceeding the ninety-five percent (95%) rule will generate the standard incremental charges as identified herein.