Acceptable Use Policy

 

I. Introduction

 

Sunesys, LLC , on behalf of itself and its affiliates (collectively, the “Company”), has prepared this Acceptable Use Policy ("AUP") in an effort to promote responsible use of Company’s network, systems, web site, and facilities provided by Company, and IP Services provided by Sunesys Enterprise LLC or other Company affiliate (the “Facilities”), by each Company licensee (“Licensee”) and such Licensee’s affiliates, customers, and/or other end users (each an "End-User" and collectively with Licensee, “Users”) from fraud, abuse of resources and irresponsible or illegal activities. By using the Facilities, Users consent to be bound by the terms of this AUP as modified from time to time.

 

A. Use of Services

 

Company makes no guarantee regarding, and assumes no liability for, the security and integrity of content, data or information Users transmit, upload or download via the Facilities or over the Internet. Company is only the provider of the Facilities, and shall not be liable for any statements, representations, or content provided by or encountered by Users in any online source, including any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity that any User may encounter. Company does not undertake to monitor, exercise control over, or accept responsibility for the content of information passing through its network. Provided, however, Company may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests or to protect Company, its network and/or Users.

 

Licensee understands and acknowledges that in some instances, the Facilities may be used to link into other networks worldwide. Licensee agrees, on behalf of itself and its End Users, to conform to the acceptable use policies of these networks and to conform to the respective Internet protocols and standards. Any application that could or does overload Company’s network by whatever means is not permitted. Users who violate systems or network security may incur criminal or civil liability. Each User, including any affiliated persons or entities of such User, who posts, hosts, downloads/uploads, creates, accesses, transmits, or publishes information through the Facilities (“User Content”) is responsible for such User Content and for complying with all applicable law.

 

The Facilities may only be used for lawful and appropriate purposes, and not in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. Company reserves the right to cooperate with legal authorities in the investigation of suspected criminal or civil violations.

 

B. Licensee Responsibilities

 

Each Licensee is responsible for the activities of its End Users and, by accepting Facilities from Company, agrees to inform its End Users of this AUP. By using the Facilities, each Licensee agrees to indemnify, defend and hold harmless, Company, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this AUP by such Licensee , including its officers, directors, managers, members, employees, contractors, customers, agents, licensors, and/or End Users,.

 

Each User remains solely and fully responsible for its User Content. Each User recognizes and agrees that Company has no responsibility for any material, including User Content, created on Company network or accessible using the Facilities, including content provided on third-party websites or networks, even if those websites or networks are accessed through the Facilities. Each Licensee is responsible for taking prompt corrective action to remedy any violation of this AUP by it or its End Users, and to help prevent similar future violations.

 

II. Prohibited Conduct

 

Users may not transmit, retransmit, redirect, or store material in violation of federal or state laws or regulations, industry or community standards, including, but not limited to, obscenity, indecency, defamatory or material infringing trademarks or copyrights. Users may not abuse or fraudulently use the Facilities. The following illustrate some, but not all, uses that are prohibited under this AUP:

 

A. Security of System and Network

 

Users are responsible for ensuring and maintaining security of their systems and equipment that connect to the Company’s network and/or use IP Services provided by Sunesys Enterprise LLC (or another Company affiliate), including implementation of necessary patches and operating system updates. Violations of any security protocol and/or measure and or device for the Company’s systems or fiber network, are prohibited, and may result in criminal and civil liability. Company reserves the right to investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Without limiting the generality of the foregoing, the following are examples of such security violations:

 

·         Unauthorized Access : Unauthorized access includes the illegal or unauthorized access to other computers, accounts, or networks; using any Facilities not included in Licensee's agreements with Company; using any Facilities in a manner that encumbers disk space, processors or other system resources beyond amounts allowed by the type of Facility; unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network and/or interfering with a service; hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access or control device, software or data without express authorization of the owner of the system or network.

·         Unlawful Acts : Use of the Facilities to violate the law or in aid of any unlawful act, including uses which constitute an illegal threat or violate export control laws.

·         Denial of Service : Engaging in activity that may or is intended to interfere with the service of another user, host or network on the Internet.

·         Misleading Messages : Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.); forging or misrepresenting a message header

of an electronic transmission; soliciting mail for any other address other than that User, except with full consent of the owner of the referred address.

·         Distribution of Harmful Messages/Viruses : Distribution of software, programs or messages that may cause damage or annoyance to persons, data, and/or computer system (such as viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software) or any program, file, script, command or transmission of any message or content of any kind, designed to hi-jack or interfere with the access to or use of the Facilities or any communication. Hosts not timely secured or removed by Users may be blocked by Company from accessing the network.

·         Network Sabotage : Use of the Facilities in a manner that interferes with others' use of the Internet or Company's network, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations).

 

B. Inappropriate Content

 

Users may not use the Facilities to transmit illegal or inappropriate content such as:

 

·         Spam/E-mail/Usenet Abuse : Messages sent in violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. The transmitting of unsolicited email to multiple recipients, sending large amounts of email repeatedly that annoys, harasses or threatens another person or entity or sending unsolicited electronic messages directed primarily at the advertising or promotion of products or services, petitions for signatures, requests for charitable donations, or sending any chain mail related materials.

·         Child Pornography : It is illegal under federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving persons under the age of 18. The Facilities shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Users must comply with all applicable laws pertaining to the protection of minors

·         Inappropriate Content : Using the Facilities or any portion of Company’s network to transmit, distribute, redirect, or store material that, as reasonably determined by Company to be inappropriate, obscene, defamatory, libelous, threatening, abusive, malicious, indecent, treasonous, excessively violent or hateful or which contains or incites violence.

·         Threatening Material or Content : The Facilities shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others.

·         Violation of Intellectual Property Rights : The Facilities shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of the Company or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

·         Fraudulent Activities : Fraudulent activities includes, but is not limited to, intentional misrepresentations or misleading statements, writings or activities made with the intent that the person receiving it will act upon it; obtaining services with the intent to avoid payment; hosting of phishing websites and pyramid schemes.

·         Non-email Based Spamming : Posting of messages to newsgroups/blogs/services that are irrelevant, blanket posting of messages to multiple newsgroups/blogs/services, and the posting of annoying, harassing and/or threatening messages. Violation of any rules, policies or charters posted online by any search engine, subscription web service, chat area, bulletin board, webpage, or any other service accessed through the Facilities, including any portion of the Company network, is prohibited.

·         Facilitating a Violation of this AUP : Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to allow a user to violate this AUP, including, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

 

III. Violations and Enforcement

 

Any User’s failure to observe the guidelines set forth in this AUP may result in Company taking actions which range from a warning to a suspension or termination of use of the Facilities by such Users. When feasible, Company may provide the violating User with a notice of an AUP violation via e-mail, or otherwise allow the violating User to promptly correct such violation. Company reserves the right, however, to act immediately and without notice to suspend or terminate use by such violating User(s) of affected Facilities(s) in response to a court order or government notice that certain conduct must be stopped or when Company determines, in its sole discretion, that the conduct may: (1) expose Company to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Company or its network or networks, (3) interfere with another party’s use of the Facilities or the Internet, (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Company, other users of the Facilities, or the public. Indirect or attempted violations of this AUP, and any actual attempted violations by a third party on behalf of a User shall be considered violations of this AUP by such User.

 

Licensee’s, or its End Users’, dealings with any third party arising in connection with the Facilities are solely between such Users and such third parties, and Company takes no responsibility for any damages or costs of any type arising out of or in any way connected with such dealings with third parties. Company shall not be liable for damages of any nature suffered by any User or any third party resulting in whole or in part from Company exercising its rights under this AUP. Company does not assume liability for others' violations of this AUP or failures to terminate those violations. Company reserves the right to assess time and materials charges to resolve Licensee issues that are not resolved by such Licensee in a timely manner.

 

IV. Other Provisions

 

A. Contact Information

 

To report a violation of this AUP, including any misuse of the Facilities, please contact us at:

 

Sunesys, LLC

c/o Crown Castle

ATTN: Legal Department

1500 Corporate Drive

Canonsburg, PA 15317

Email: privacy@sunesys.com

 

If you believe that your work has been copied and posted, stored or transmitted using the Facilities in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") directed to the designated agent listed below:

 

Sunesys, LLC

c/o Crown Castle

ATTN: Legal Department

1500 Corporate Drive

Canonsburg, PA 15317

Email: privacy@sunesys.com

 

B. Notices

 

Except as explicitly stated otherwise, legal notices to Company shall be sent by U.S. Mail, overnight courier, or email to Company’s address specified below. Notice shall be deemed given to Company when received by it. Legal notices from Company to Users shall be sent to the email address Users provide to Company. Notice to Users shall be deemed given twenty-four (24) hours after email is sent.

 

Sunesys, LLC

c/o Crown Castle

ATTN: Legal Department

1500 Corporate Drive

Canonsburg, PA 15317

Email: privacy@sunesys.com

 

C. Modification

 

Company reserves the right to modify this AUP in its sole discretion, at any time. Modifications will be effective upon posting. Any use of the Facilities after such modification shall constitute acceptance of the modifications in question.

 

Technology changes rapidly, and any activity not specifically prohibited herein but determined by Company in its sole discretion to be harmful to other customers or the general operations of the system or network may be halted by Company. In no event shall Company be liable for failing to halt any activity, whether or not specifically proscribed hereunder.

 

D. Applicable Law

 

This AUP agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. If any provision of this AUP shall be found to be unlawful, void, or for any reason unenforceable, then the remainder of this AUP agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

 

Copyright © 2015 Sunesys, LLC All rights reserved.

VERSION: 12/2/15