Acceptable Use Policy

APEX Business Consultants LLC (DBA NovaLink Fiber)

Last Updated: January 1, 2026

1. Purpose and Scope

This Acceptable Use Policy (“AUP”) governs your use of internet services provided by APEX Business Consultants LLC, doing business as NovaLink Fiber (“NovaLink,” “we,” “us,” or “our”). This AUP is incorporated into and forms part of the NovaLink Terms of Service.

By using NovaLink services, you agree to comply with this AUP. Violation of this AUP may result in temporary suspension, permanent termination of service, legal action, or cooperation with law enforcement.

The purpose of this AUP is to:

Protect the security, reliability, and performance of our network
Prevent illegal activities and abuse
Ensure fair and equitable service for all customers
Comply with applicable laws and regulations
Protect the rights and safety of NovaLink, our customers, and the broader internet community

2. Prohibited Activities

The following activities are strictly prohibited when using NovaLink services:

2.1 Illegal Activities

You may not use NovaLink services to engage in or facilitate any illegal activity, including but not limited to:

Criminal Activity: Violating any local, state, federal, or international law or regulation
Child Exploitation: Possessing, distributing, or accessing child sexual abuse material (CSAM) or child pornography
Fraud and Theft: Credit card fraud, identity theft, phishing, or financial scams
Counterfeiting: Creating, distributing, or selling counterfeit goods or currency
Drug Trafficking: Selling, distributing, or facilitating illegal drug transactions
Weapons Trafficking: Illegal sale or distribution of weapons, explosives, or controlled substances
Human Trafficking: Facilitating or participating in human trafficking or exploitation
Terrorism: Supporting, promoting, or coordinating terrorist activities
Money Laundering: Using our services to launder money or hide illegal financial transactions

NovaLink will cooperate fully with law enforcement investigations and may disclose customer information when legally required or to prevent imminent harm.

2.2 Intellectual Property Violations

You may not use NovaLink services to infringe upon the intellectual property rights of others:

Copyright Infringement: Downloading, uploading, sharing, or distributing copyrighted material without authorization (see Section 7: DMCA Policy)
Trademark Violations: Using trademarks, logos, or brand names without permission
Software Piracy: Distributing or downloading pirated software, games, or applications
Circumvention: Distributing tools designed to circumvent digital rights management (DRM) or access controls

NovaLink complies with the Digital Millennium Copyright Act (DMCA) and will respond to valid takedown notices.

2.3 Network Abuse and Security Violations

You may not engage in activities that compromise network security or abuse network resources:

Hacking and Unauthorized Access:

Attempting to gain unauthorized access to other computers, networks, or accounts
Port scanning, vulnerability scanning, or network reconnaissance without authorization
Password cracking or brute force attacks
Exploiting security vulnerabilities to gain unauthorized access

Malware and Viruses:

Creating, distributing, or hosting malware, viruses, worms, trojans, ransomware, or spyware
Operating botnet command and control servers
Distributing keyloggers or remote access trojans (RATs)

Distributed Denial of Service (DDoS):

Launching or participating in DDoS attacks against any target
Operating DDoS-for-hire services or “booter” services
Maintaining compromised devices for use in DDoS attacks

Spam and Unsolicited Communications:

Sending unsolicited bulk email (spam) or commercial messages
Operating open mail relays or proxies for spam distribution
Harvesting email addresses without consent
Violating the CAN-SPAM Act or other anti-spam regulations

Network Interference:

Intentionally interfering with other users’ service or network performance
Consuming excessive bandwidth in a manner that degrades service for others
Operating services that generate abnormal or excessive network traffic
Bypassing or circumventing network security measures or authentication systems

2.4 Harassment and Harmful Content

You may not use NovaLink services to harass, threaten, or harm others:

Harassment and Threats: Sending threatening, harassing, or abusive messages
Stalking and Doxxing: Cyberstalking or publishing private information without consent (doxxing)
Hate Speech: Promoting violence, discrimination, or hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
Defamation: Knowingly publishing false and damaging statements about individuals or entities
Revenge Porn: Distributing intimate images without consent

2.5 Fraud and Deceptive Practices

Phishing: Creating fake websites or emails to steal credentials or financial information
Scams: Operating pyramid schemes, Ponzi schemes, or other fraudulent business models
Impersonation: Impersonating another person, entity, or NovaLink representative
Fake Reviews: Creating fake product reviews, testimonials, or ratings for commercial gain

2.6 Misuse of Resources

Server Hosting: Operating servers, websites, or services on residential plans (business plans required for hosting)
Reselling Service: Reselling or redistributing internet access without NovaLink authorization
Public Hotspots: Operating public WiFi hotspots on residential service plans
Cryptocurrency Mining: Running large-scale cryptocurrency mining operations that consume excessive bandwidth or electricity (commercial plans required)

2.7 Privacy Violations

Unauthorized Monitoring: Intercepting, monitoring, or recording communications without all parties’ consent
Data Theft: Stealing, accessing, or exfiltrating data without authorization
Privacy Circumvention: Using VPNs, proxies, or other tools to circumvent geographic restrictions, access controls, or content filters imposed by content providers (while VPN use itself is permitted)

3. Network Management

NovaLink reserves the right to manage its network to ensure optimal performance, security, and service quality for all customers.

3.1 Traffic Management

NovaLink may implement reasonable network management practices, including:

Congestion Management:

During periods of network congestion, we may temporarily prioritize time-sensitive traffic (VoIP, video conferencing) over less time-sensitive traffic (file downloads, software updates)
Customers engaging in sustained high-bandwidth activities during peak hours may experience temporary speed reductions to ensure fair access for all users
Network management is applied equally across all service tiers and is not based on content, application, or service being accessed

Excessive Use Mitigation:

While NovaLink offers unlimited data, we may contact customers engaging in sustained abnormally high usage (top 1% of users) to discuss their needs and recommend appropriate service plans
Residential plans are intended for typical household use; consistently operating servers, running commercial operations, or generating sustained multi-terabyte monthly usage may require upgrading to a business plan

Security Measures:

We may temporarily block or rate-limit traffic associated with active security threats (malware, DDoS attacks, botnet activity)
Infected devices may be temporarily quarantined and customers notified to remediate the issue
We may block ports commonly used for malicious activity (port 25 for spam, etc.) while providing alternative solutions for legitimate uses

3.2 Monitoring and Inspection

NovaLink does not routinely monitor or inspect the content of customer communications. However, we reserve the right to:

Monitor network traffic patterns and performance metrics in aggregate
Inspect traffic metadata (source, destination, protocol) for network management and security purposes
Investigate specific traffic when we have reasonable suspicion of AUP violations or illegal activity
Comply with lawful requests from law enforcement and regulatory agencies

We do not sell or monetize your browsing data. See our Privacy Policy for details on data collection and use.

3.3 Device and Connection Limits

Residential plans support a reasonable number of connected devices for typical household use (generally 20-30 devices)
Operating a large number of IoT devices, servers, or smart home systems may require a business plan
We may limit the number of simultaneous connections if usage patterns indicate commercial activity or network abuse

4. Enforcement and Consequences

4.1 Violation Reports

NovaLink investigates AUP violations through:

Customer Reports: Reports from other customers or internet users
Automated Detection: Network monitoring systems detecting unusual patterns
Third-Party Notices: DMCA takedown notices, abuse reports from other ISPs, law enforcement notifications
Security Alerts: Detection of malware, compromised devices, or participation in attacks

To Report AUP Violations:

Email: abuse@novalinkfiber.com
Include: Date/time of incident, source IP address (if known), description of violation, supporting evidence

4.2 Investigation Process

When NovaLink receives an AUP violation report:

Initial Review: We assess the credibility and severity of the report
Investigation: We review relevant logs, traffic data, and evidence (while respecting customer privacy)
Customer Contact: For non-emergency violations, we contact the customer to discuss the issue and provide an opportunity to respond
Resolution: We determine appropriate action based on severity, customer history, and cooperation

4.3 Enforcement Actions

Depending on the nature and severity of the violation, NovaLink may take the following actions:

Warning:

First-time minor violations (accidental policy breach, compromised device)
Customer receives written notice and guidance on remediation
No service interruption if issue is promptly resolved

Temporary Suspension:

Repeated violations after warning
Moderate violations that pose ongoing risk (malware infection, moderate spam)
Service suspended until customer confirms remediation and compliance
Reconnection may require verification steps or security deposit

Immediate Suspension:

Severe violations posing imminent harm (active DDoS participation, child exploitation, serious security threat)
Service suspended immediately without prior notice
Restoration contingent on full investigation and remediation

Permanent Termination:

Repeated violations after multiple warnings and suspensions
Severe illegal activity (child exploitation, terrorism, major fraud)
Refusal to cooperate with investigations or remediation
Service permanently disconnected with no refund of prepaid fees
Customer may be banned from future service

Legal Action:

NovaLink reserves the right to pursue civil remedies for damages caused by AUP violations
We cooperate fully with law enforcement investigations and may provide customer information pursuant to lawful requests
Customers may be held liable for costs associated with AUP violation remediation (DDoS mitigation, legal fees, etc.)

4.4 Appeals Process

If you believe an enforcement action was taken in error:

Submit Appeal: Email appeals@novalinkfiber.com within 10 business days of the enforcement action
Provide Evidence: Include your account number, description of the situation, and any supporting evidence
Review: A senior technical or legal representative will review the appeal within 5 business days
Decision: You will receive a written decision. Appeal decisions are final.

5. Customer Responsibilities

5.1 Account Security

You are responsible for:

Password Security: Maintaining strong, unique passwords for your NovaLink account and customer portal
Unauthorized Use: Preventing unauthorized use of your service by securing your WiFi network with strong encryption (WPA2 or WPA3)
Device Security: Keeping devices connected to your network secure with up-to-date software, antivirus protection, and security patches
Monitoring Activity: Being aware of how your internet connection is being used and investigating unusual activity

You are responsible for all activity conducted through your account, whether authorized or unauthorized. If you suspect unauthorized use or account compromise, contact NovaLink immediately.

5.2 WiFi Network Security

To prevent unauthorized use of your service:

Use WPA2 or WPA3 encryption (never use WEP or open networks)
Set a strong WiFi password (minimum 12 characters, mix of letters, numbers, symbols)
Change default router passwords and admin credentials
Disable WPS (WiFi Protected Setup) if not needed
Regularly review connected devices and remove unknown devices
Enable guest network for visitors (separate from main network)

Open or poorly secured WiFi networks may allow unauthorized users to conduct illegal activities using your connection, for which you may be held responsible.

5.3 Compromised Device Remediation

If NovaLink notifies you that a device on your network is compromised (infected with malware, participating in botnet, etc.):

Immediate Action: Disconnect the affected device from the internet
Scan and Clean: Run comprehensive antivirus/anti-malware scans and remove infections
Update Software: Install all available operating system and application updates
Change Passwords: Change passwords for accounts accessed from the compromised device
Notify NovaLink: Confirm remediation steps taken and request service restoration

Failure to remediate compromised devices may result in continued service suspension.

5.4 Reporting Obligations

You must promptly report to NovaLink:

Any suspected security breach or unauthorized access to your account
Receipt of legal notices, subpoenas, or law enforcement inquiries related to your service
Discovery of AUP violations by other users of your connection (family members, guests, etc.)

6. Residential vs. Business Use

6.1 Residential Service Plans

Residential plans are designed for typical household internet use, including:

Web browsing and email
Streaming video and music
Online gaming
Video conferencing and remote work (personal use)
Smart home devices and IoT
Cloud storage and file synchronization
Social media and personal websites/blogs

6.2 Business Service Plans Required For

The following activities require a business service plan:

Web Hosting: Operating publicly accessible web servers, game servers, or application servers
Email Servers: Running mail servers for commercial email distribution
Commercial Operations: Operating a business that relies on the internet connection as primary infrastructure
Reselling Service: Providing internet access to third parties (co-working spaces, rental properties, etc.)
Public Hotspots: Operating WiFi hotspots open to the public
High-Capacity Usage: Sustained multi-terabyte monthly usage for commercial purposes
Multiple Business Locations: Connecting multiple office locations or branch offices

Business plans offer enhanced SLAs, static IP addresses, higher usage thresholds, and commercial hosting rights. Contact sales@novalinkfiber.com for business plan details.

7. DMCA Policy (Copyright Compliance)

NovaLink complies with the Digital Millennium Copyright Act (DMCA) and responds to valid copyright infringement notices.

7.1 DMCA Takedown Process

Copyright Holders: If you believe your copyrighted work has been infringed by a NovaLink customer, submit a DMCA takedown notice to:

DMCA Agent:
APEX Business Consultants LLC
Attn: DMCA Agent
101-4 Chrissa Dr, Pottsboro, TX 75076
Email: dmca@novalinkfiber.com

Required Information:

Identification of the copyrighted work claimed to have been infringed
Identification of the infringing material and its location (URL, IP address, timestamp)
Your contact information (name, address, phone, email)
Statement of good faith belief that the use is not authorized
Statement that the information in the notice is accurate
Your physical or electronic signature

7.2 Customer Notification and Response

Upon receiving a valid DMCA notice:

Notification: We will forward the notice to the accused customer and remove or disable access to the allegedly infringing material
Counter-Notice: The customer may file a DMCA counter-notice if they believe the takedown was in error
Restoration: If a valid counter-notice is received and the copyright holder does not file a lawsuit within 10-14 business days, the material may be restored

7.3 Repeat Infringer Policy

NovaLink maintains a three-strike policy for copyright infringement:

First Notice: Warning sent to customer; educational information provided about copyright law
Second Notice: Temporary service suspension (24-72 hours); customer must acknowledge receipt and commit to compliance
Third Notice: Permanent service termination

Strikes expire after 12 months of no additional infringement notices. Particularly egregious violations may result in immediate termination.

8. Cooperation with Law Enforcement

NovaLink cooperates with law enforcement investigations in accordance with applicable law:

Legal Requests: We respond to valid subpoenas, court orders, search warrants, and other lawful requests
Emergency Disclosures: We may disclose customer information without a legal order when necessary to prevent imminent harm, protect life or safety, or address an emergency
Transparency: When legally permitted, we notify customers of legal requests for their information

We do not proactively monitor customer activity for law enforcement purposes but will assist investigations when legally required.

9. Changes to This AUP

NovaLink reserves the right to modify this AUP at any time. Changes will be effective upon posting to our website at www.novalinkfiber.com/acceptable-use-policy.

Notice of Changes:

Material changes will be communicated via email to your account address
Continued use of service after changes take effect constitutes acceptance
If you do not agree to the changes, you may cancel service in accordance with the Terms of Service

10. Contact Information

For AUP Questions or Violation Reports:

Abuse Reports:
Email: abuse@novalinkfiber.com

DMCA Notices:
Email: dmca@novalinkfiber.com
Mail: APEX Business Consultants LLC, Attn: DMCA Agent, 101-4 Chrissa Dr, Pottsboro, TX 75076

General Questions:
Email: support@novalinkfiber.com
Phone: (979) 256-5155

Mailing Address:
APEX Business Consultants LLC (DBA NovaLink Fiber)
101-4 Chrissa Dr, Pottsboro, TX 75076

By using NovaLink services, you agree to comply with this Acceptable Use Policy. Violations may result in service suspension, termination, or legal action.

Document Version 1.0 – January 1, 2026