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1.0. Introduction to Policy. This Acceptable Use Policy ("AUP") was created by Sterling Network Services, LLC (“Sterling”) to protect its network, including, without limitation, the 120 Connect Network, the products and services which Sterling offers and the related Internet Data Center Services (as defined in the Master Services Agreement) it provides (collectively, the “Sterling Network”). Sterling reserves the right, in its sole discretion, to interpret and apply this AUP. Sterling reserves the right to modify this AUP at any time, effective upon posting at www.sterlingnetwork.com/aup.asp. Any use of the Sterling Network or other services after a modification shall be deemed an irrevocable acceptance of such modified AUP.
2.0. Purpose of Policy. The purpose of this AUP is to help protect Sterling, the Sterling Network, each Sterling customer and third-party users of the Internet, generally from harassing, deceptive, irresponsible and/or illegal activities.
3.0. Scope of Policy. This AUP governs the usage of the Sterling Network by any person (regardless of whether that person is a Customer). Each person utilizing the Sterling Network in any manner is responsible for complying with this AUP, and for providing assistance to Sterling in furtherance of the objectives hereof, as Sterling may request from time to time. Sterling Customers will be held solely responsible for the actions (or inactions) of any of their customers, downstream users, or third-party agents that use the Sterling Network.
4.0. Prohibited Actions. It shall be prohibited by this AUP to utilize the Sterling Network in any manner which, in the sole discretion of Sterling, is (A) illegal, disruptive, harassing or deceptive, or (B) a risk to the Sterling Network, its stability or security, or (C) inconsistent with this AUP and/or Sterling’ Rules and Regulations and/or any rules or policies of upstream Sterling network service providers.
Set forth below, is a non-exclusive list of certain actions, omissions, etc., which are expressly prohibited under this AUP:
4.01. Transmitting, distributing or storing any material in violation of applicable law, code or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, protective order, contract, or other intellectual property right used without proper authorization. Also prohibited is material that is obscene, libelous, defamatory, constitutes an illegal threat, or violates export control laws.
4.02. Sending unsolicited bulk email messages and/or other advertising material to individuals who did not specifically request such material. This includes, but is not limited to, messages sent as email, “Spam,” ICQ traffic, instant message traffic, GSM/GPRS data, or posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). Sterling accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this AUP or the policy of the other provider. Sterling reserves the right, in its sole discretion, to determine whether commercial email on the Sterling Network complies with this AUP.
4.03. Utilizing the STERLING Network (or any relay, proxy or other network element in conjunction with the Sterling Network) to (A) forge the signature, IP address or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the user, including system identification information.
4.04. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “hacking” or "cracking"). This includes providing, or assisting in the provision of names, passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code
4.05. Obtaining or attempting to obtain service by any means or device with intent to avoid payment, violate policies or violate law. If a user is restricted or terminated from the Sterling Network, it is prohibited for a Customer to make such services available to such user in an indirect manner.
4.06. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of Sterling or any Sterling Customer or end-user by any means or device. This includes any deliberate or other attempt or activity to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Sterling Network or the network of a third-party;
4.07. Knowingly engaging in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to users whether on the Sterling Network or on another provider's network.
4.08. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
4.09. Using the Sterling Network in any manner which interferes with the use of the Sterling Network by other Customers or authorized users.
4.10. Utilize the Sterling Network in any manner that might subject Sterling to unfavorable regulatory action, subject Sterling to any liability for any reason, or adversely affect Sterling’ public image, reputation or goodwill, including, without limitation, sending or distributing obscene, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Sterling in its sole discretion.
4.11. Using the Sterling Network to host, access, promote or otherwise distribute any child pornography or obscenity.
4.12. Causing or allowing the Sterling Network and/or the Customer, its IP space or other elements of identification to be placed on so-called “SPAM Block Lists,” “Spam Early Warning Systems,” or other directories of spam or unsolicited bulk email originators and/or network abusers. It shall be incumbent upon each Sterling Customer to monitor and conform their usage, and that of their users and customers, to insure compliance with this AUP generally, and also of this provision specifically.
5.0. Enforcement. Sterling reserves the right, with or without notice, to restrict, block, modify or terminate services to any Customer or user upon the threat or occurrence of a violation to this AUP. Sterling reserves the right to cooperate with any court, law enforcement agency, investigator or network service provider in the investigation of threats to the integrity, stability, reliability and/or legality of the products and services offered by Sterling and of any violations to this AUP.
6.0. Customer Duties. Each Customer is obligated to assist Sterling in the investigation of any threatened, alleged or actual violation of this AUP. Customer shall cooperate with designees of Sterling in this regard. Customers of Sterling are responsible for immediately reporting to Sterling any issue which could compromise the stability, service or security of any user or system connected to the Sterling Network.
7.0. Reports and Complaints. Any reports or complaints about the use or misuse of Sterling products or services should be directed to: abuse@sterlingnetwork.net.
8.0. DMCA. Sterling maintains a separate policy on the handling of complaints under the Digital Millennium Copyright Act, which is incorporated into this AUP hereby and which may viewed at www.sterlingnetwork.com/copyright.
9.0 Handling Charges. Sterling reserves the right to assess a handling fee, at its usual emergency project labor rate, to respond to abuse complaints incurred by Sterling relating to a Customer and/or to handle, address, clean up and/or correct damage done to the operation of the Sterling Network and business operations supported thereby. Such fees to be billed in one (1) hour minimum increments. Sterling hereby agrees to waive such fee for the first instance per Customer of any such complaint, but shall impose the fee from and after the second such complaint.
STERLING AUP v. 2.0, Revised July 1, 2003
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