Acceptable Use Policy
Introduction
to the use of Sterling services (the "Service") by customers of Sterling (“Customers”)
and by users that have gained access to the Service through Customer accounts (“Users”).
By using the Service, you acknowledge that you and your Users are responsible for
compliance with the Policy. You are responsible for violations of this Policy by
any User that accesses the Services through your account.
The Policy applies to all aspects of the Service. "Sterling Network" includes, without
limitation, Sterling leased transmission network, including all equipment, systems,
facilities, services and products incorporated or used in such transmission network.
As used in this Policy, “you” refers to Customers, and any reference to “Users”
is intended to encompass, as applicable, both Customers and their Users.
This Policy is designed to assist in protecting the Sterling Network, the Service, our
Users and the Internet community as a whole from improper and/or illegal activity
over the Internet, to improve Service and to improve Service offerings. In situations
where data communications are carried across networks of other Internet Service
Providers (ISPs), Users of the Sterling Network must also conform to the applicable
acceptable use policies of such other ISPs.
Suspension or Termination of Service
If Users engage in conduct or a pattern of conduct, including without limitation
repeated violations by a User whereby correction of individual violations does not
in Sterling is sole discretion correct a pattern of the same or similar violations, while
using the Service that violates the Policy, or is otherwise illegal or improper,
Sterling reserves the right to suspend and/or terminate the Service or the User's access
to the Service. Sterling will generally attempt to notify you of any activity in violation
of the Policy and request that the User cease such activity; however, in cases where
the operation of the Sterling Network is threatened or cases involving unsolicited commercial
email/SPAM, a pattern of violations, mail relaying, alteration of your source IP
address information, denial of service attacks, illegal activities, suspected fraud
in connection with the use of Service, harassment or copyright infringement, we
reserve the right to suspend or terminate your Service or the User's access to the
Service without notification. In addition, we may take any other appropriate action
against you or a User for violations of the Policy, including repeated violations
wherein correction of individual violations does not in Sterling is sole discretion correct
a pattern of the same or similar violations. We do not make any promise, nor do
we have any obligation, to monitor or police activity occurring using the Service
and will have no liability to any party, including you, for any violation of the
Policy.
Cooperation with Investigations
Sterling will cooperate with appropriate law enforcement agencies and other parties
involved in investigating claims of illegal or inappropriate activity. Sterling reserves
the right to disclose customer information to the extent authorized by federal or
state law.
Modifications to Policy
Sterling reserves the right to modify this Policy at any time without notice. We will
attempt to notify Customers of any such modifications either via e-mail or by posting
a revised version of the Policy on our Web site. Any such modifications shall be
effective and applied prospectively from the date of posting.
Filters and Service Information
We reserve the right to install and use, or to have you install and use, any appropriate
devices to prevent violations of this Policy, including devices designed to filter
or terminate access to the Service. By accepting and using the Service, you consent
to allowing us to collect service information and routing information in the normal
course of our business, and to use such information for general business purposes.
Illegal Activity
The Service shall not be used for any unlawful activities or in connection with
any criminal or civil violation and the Services shall in all cases be used in compliance
with applicable law. Use of the Service for transmission, distribution, retrieval,
or storage of any information, data or other material in violation of any applicable
law or regulation (including, where applicable, any tariff or treaty) is prohibited.
This includes, without limitation, the use or transmission of any data or material
protected by copyright, trademark, trade secret, patent or other intellectual property
right without proper authorization and the transmission of any material that constitutes
an illegal threat, violates export control laws, or is obscene, defamatory or otherwise
unlawful.
Unauthorized Access/Interference
A User may not attempt to gain unauthorized access to, or attempt to interfere with
or compromise the normal functioning, operation or security of, any portion of the
Sterling Network. A User may not use the Service to engage in any activities that may
interfere with the ability of others to access or use the Service or the Internet.
A User may not use the Service to monitor any data, information or communications
on any network or system without authorization. A User may not attempt to gain unauthorized
access to the user accounts or passwords of other Users.
Unsolicited Commercial Email/Spamming/Mailbombing
A User may not use the Service to transmit unsolicited commercial e-mail messages
or deliberately send excessively large attachments to one recipient. Any unsolicited
commercial e-mail messages or a series of unsolicited commercial e-mail messages
or large attachments sent to one recipient is prohibited. In addition, "spamming"
or "mailbombing" is prohibited. Use of the service of another provider to send unsolicited
commercial email, spam or mailbombs, to promote a site hosted on or connected to
the Sterling Network, is similarly prohibited. Likewise, a User may not use the Service
to collect responses from mass unsolicited e-mail messages. Sterling may in its sole
discretion rely upon information obtained from anti-spamming organizations (including
for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net)
as evidence that a User is an active “spam operation” for purposes of taking remedial
action under this Policy.
Spoofing/Fraud
Users are prohibited from intentionally or negligently injecting false data into
the Internet, for instance in the form of bad routing information (including but
not limited to the announcing of networks owned by someone else or reserved by the
Internet Assigned Numbers Authority) or incorrect DNS information.
A User may not attempt to send e-mail messages or transmit any electronic communications
using a name or address of someone other than the User for purposes of deception.
Any attempt to impersonate someone else by altering source IP address information
or by using forged headers or other identifying information is prohibited. Any attempt
to fraudulently conceal, forge or otherwise falsify a User's identity in connection
with use of the Service is prohibited.
The following activities are also prohibited:
- Intentionally transmitting files containing a computer virus or corrupted data.
- If we have specified bandwidth limitations for your user account, use of the Service
shall not be in excess of those limitations. If a User is accessing the Service
via a dial-up connection, we may terminate the user session if the User is connected
for more than 7 days in order to protect Sterling Network resources and maintain Service
availability for others.
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth
utilization, or other methods to document use of Sterling services.
- Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which includes the facilitation
of the means to deliver unsolicited commercial email.
- Any activity that disrupts, degrades, harms or threatens to harm the Sterling Network
or the Service.
- Any use of another party’s electronic mail server to relay email without express
permission from such other party is prohibited.
- Any other inappropriate activity or abuse of the Service (as determined by us in
our sole discretion), whether or not specifically listed in this Policy, may result
in suspension or termination of the User’s access to or use of the Service.
This listing of prohibited activities is not exhaustive and Sterling reserves the right
to determine that any conduct that is or could be harmful to the Sterling Network, Sterling is
Customers or Internet users is in violation of this Policy and to exercise any or
all of the remedies contained in this Policy.
Responsibilities of Customers
Users are entirely responsible for maintaining the confidentiality of password and
account information, as well as the security of their network. You agree immediately
to notify Sterling of any unauthorized use of your account or any other breach of security
known to you. If you become aware of any violation of this Policy by any person,
including Users that have accessed the Service through your account, you are required
to notify us.
Impending Security Event Notification
All Users of the Sterling Network are responsible for notifying Sterling immediately if
they become aware of an impending event that may negatively affect the Sterling Network.
This includes extortion threats that involve threat of “denial of service” attacks,
unauthorized access, or other security events.
Complaints
In most cases, we will notify our Customer(s) of complaints received by us regarding
an alleged violation of this Policy. You agree to promptly investigate all such
complaints and take all necessary actions to remedy any violations of this Policy.
We may inform the complainant that you are investigating the complaint and may provide
the complainant with the necessary information to contact you directly to resolve
the complaint. You shall identify a representative for the purposes of receiving
such communications.
Privacy
Because the Internet is an inherently open and insecure means of communication,
any data or information a User transmits over the Internet may be susceptible to
interception and alteration. Subject to our Online Privacy Policy, we make no guarantee
regarding, and assume no liability for, the security and integrity of any data or
information a User transmits via the Service or over the Internet, including any
data or information transmitted via any server designated as "secure."
Additional Terms and Conditions
The use of the Sterling Network by a Customer of Sterling is subject to the terms and conditions
of any agreements entered into by such Customer and Sterling. This Policy is incorporated
into such agreements by reference.
Complaints and Contact Information
Any complaints regarding prohibited use or other abuse of the Sterling Network, including
violations of this Policy, should be sent to Sterling. Please include all applicable
information that will assist Sterling in investigating the complaint, including all
applicable headers of forwarded messages. Customers should call 1.888.889.5248 (U.S. & Canada toll-free) or 1.646.829.3382 (International) to
submit a complaint as quickly as possible. If you are unsure whether any contemplated
use or action is permitted, please submit questions or comments to Sterling at
client.support@sterlingts.com.