FIBER BROADBAND ASSOCIATION RIGHT TO USE POLICY
Effective Date: March 2026
This Right to Use Policy (the “Policy”) governs the ownership, use and distribution of materials created, developed, or contributed to in connection with any committee, working group, task force, message board, or similar collaborative space sponsored or organized by the Fiber Broadband Association (“FBA”), or information in any medium, including but not limited to documents, data, know-how, ideas, specifications, software code, audio, visual, and audiovisual materials, including illustrations, graphics, photographic images, narration, text, film, video, animation, characters, educational courses, training and interface layouts and designs included on the FBA website or otherwise made available to Members (collectively, the “FBA Content”). FBA Content is inclusive of all materials provided in the “FBA Education Library” which includes the FBA Content Distribution Platform and Learning Management Systems, and any other resources made available on the website.
By participating in FBA-sponsored committees or collaborative efforts and submitting to or accessing FBA Content on the FBA Education Library, FBA member companies (and their employees that participate in and access FBA Content on their behalf) (collectively, “Members”) agree to this Policy.
I. FBA Content
FBA Content, including all materials, information, works of authorship, and other content in any form or medium, whether now known or later developed that are created, submitted, posted, shared, published, promoted or otherwise made available through or in connection with FBA, including but not limited to 1) documents, reports, white papers, guidelines, policies, templates, emails, notes, messages, and other written materials; 2) presentations, slides, webinars, recordings, videos, and similar audiovisual materials; 3) resources, tools, data compilations, and reference materials; 4) materials created or contributed to through any FBA committee, working group, or task force; 5) content posted on the FBA member portal or message board; and 6) any updates, revisions, adaptations, derivatives, or modifications of the foregoing, is the sole property of the FBA, including all associated intellectual property rights. FBA will enforce its intellectual property rights to the fullest extent of the law.
FBA Members may not claim ownership of, represent, promote or hold out FBA Content as their own work, remove or alter any proprietary notices or marks from the FBA Content, or attribute authorship of the FBA Content to themselves or any third party. All rights not expressly granted to FBA Members are reserved by FBA.
FBA Content is provided for FBA Members’ informational and educational purposes only and does not constitute legal, regulatory, financial or professional advice. FBA makes no warranty regarding the accuracy, completeness, or timeliness of the FBA Content, and FBA Members assume all risk arising from reliance on FBA Content.
II. Member Obligations
a. Creating or Submitting FBA Content
FBA Members may participate in FBA-sponsored committees, working groups, task forces, or other collaborative activities, and may have the opportunity to contribute to or submit content to the FBA Education Library (“Member-Submitted Content”).
All Member-Submitted Content must comply with FBA’s applicable policies. Specifically, Member-Submitted Content: 1) will promote the deployment of fiber broadband networks and the mission of the FBA; 2) will not contain derogatory, libelous, denigrating, demeaning or untrue statements about any person, firm, company or organization; 3) will not contain any customer proprietary network information or personal identifiable information about any person, or confidential, proprietary, or trade secret information for any firm, company, or organization; and 4) will not directly or indirectly take, support, encourage, or participate in, any action or attempted action which in any way would be reasonably likely to damage the reputation, business relationships, or present or future business of FBA or the broader FBA membership.
As described in Section 3 (III), Member-Submitted Content accepted as part of the FBA Education Library becomes FBA Content and the sole property of FBA. FBA may use, exploit, copy, publish online, or otherwise, reformat, adapt, translate, excerpt in whole or in part, and distribute in any form, medium or technology, for any purpose relating to the Member-Submitted Content provided by the FBA Member for inclusion on the FBA Education Library. The FBA Member further grants to FBA all rights to edit, publish, reproduce, reprint, distribute, sell, and otherwise make use of the Member-Submitted Content, and authorizes FBA to use: 1) the FBA Member’s name and logo in connection with FBA’s use and promotion of the Member-Submitted Content on the FBA Education Library, and 2) the FBA’s name and logo on and in the Member-Submitted Content for inclusion on the FBA Education Library.
FBA Members warrant: that all Member-Submitted Content is original work; that the FBA Member is the sole owner of the work and all of the rights herein granted; that the FBA Member has the full right and power to assign the rights of the Member-Submitted Content to the FBA; that the work does not violate any copyright, proprietary or personal rights of others; that the work is factually accurate and contains no matter libelous or otherwise unlawful, and adheres to the specifications for Member-Submitted Content described in this Section 2 (II); that the FBA Member has not previously in any manner disposed of any of the rights herein granted to FBA nor previously granted any rights adverse thereto or inconsistent therewith; and that there are no rights outstanding which would diminish, encumber or impair the full enjoyment or exercise of the rights herein granted to FBA.
Member-Submitted Content may be posted on the FBA Education Library and made available to FBA Members, as well as visitors to the FBA Education Library who may be unaffiliated with the FBA or FBA Members. The FBA shall not be responsible for verifying the identity of any party accessing the FBA Education Library, and the FBA Education Library acts merely as a passive conduit for any and all communication and/or distribution of the FBA Content on the FBA Education Library to FBA Members.
b. Using and Accessing FBA Content
Subject to continued membership and compliance with this Policy and any applicable terms, and depending on applicable membership tier, FBA Members may be granted a limited, non-exclusive, non-sublicensable, non-transferable, fully-paid-up, royalty-free, perpetual, exclusive, worldwide limited license and release revocable license to access and use certain FBA Content (including Member-Submitted Content), with the exception of FBA Academy content, solely for internal organizational purposes and where permitted, external informational or educational purposes provided attribution to FBA is clear and conspicuous, or as otherwise expressly authorized by the FBA (the “FBA Member License”).
The FBA Member License does not grant FBA Members any rights to reformat, adapt, translate, and excerpt in whole or in part, FBA Content. Without limiting the generality of the foregoing, FBA Members may not publish, share, use, distribute, or sell any FBA Content, in whole or in part, to any person, firm, company or organization that is not an employee or agent of FBA or an FBA Member without prior consent from FBA. An FBA Member’s FBA License shall be immediately revoked if the FBA Member no longer qualifies to view the FBA Content on the FBA Education Library or violates terms and conditions of this Policy.
III. Content Moderation
Upon obtaining Member-Submitted Content for inclusion in the FBA Education Library, FBA will determine in its sole and absolute discretion: 1) whether to include the Member-Submitted Content (in whole or in part) as part of the FBA Education Library; and 2) if included as part of the FBA Education Library, whether to amend Member-Submitted Content before including it as part of the FBA Education Library. If FBA determines that it will include a specific piece of Member-Submitted Content as part of the FBA Education Library, it becomes FBA Content, and the sole property of FBA.
FBA cannot and will not be responsible for the accuracy, reliability, completeness, veracity or suitability of any FBA Content on the FBA Education Library. While FBA will endeavor to monitor FBA Content (including Member-Submitted Content) on the FBA Education Library and flag and/or remove FBA Content which is found to be unsuitable for the FBA Education Library (as determined by FBA in its sole and absolute discretion), FBA shall be under no obligation to do so. THE CONTENT ON THE FBA EDUCATION LIBRARY IS PROVIDED “AS-IS” AND IS NOT INTENDED FOR A PARTICULAR PURPOSE OR USAGE. FBA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE CONTENT AND THE FBA EDUCATION LIBRARY.
IV. Limitation of Liability and Indemnification
FBA Members agree to release, indemnify and hold harmless FBA and its officers, directors, members, employees, and agents, from and against any and all claims, actions, losses, demands, costs, attorneys’ fees, and all other expenses relating or incidental to, or arising directly or indirectly from or out of the FBA Content on the FBA Education Library, including but
not limited to, the Content’s accuracy, use of Content and use of the FBA Education Library (whether by an FBA Member or by any third-party person, firm, company or organization), a breach of any of the aforementioned warranties and representations, and any and all claims involving Member-Submitted Content that infringes the intellectual property rights of a third party.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THIS POLICY OR THE SUBJECT MATTERS OF THIS POLICY, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL OF THE AMOUNTS PAID TO FBA BY THE FBA MEMBER TO ACCESS THE FBA EDUCATION LIBRARY.