All St. Joe Valley Metronet, Inc. Acceptable Use Policy
All SJVM, Inc. ("SJVM") Subscribers are responsible for reviewing and complying with this Acceptable Use Policy ("AUP"). "Subscriber" is defined in Article 1 of the Dark Fiber Network Subscription Agreement and includes any entity or person Subscriber permits, lawfully or unlawfully, to use the SJVM Dark Fiber Network. A Subscriber, who as part of its regular course of business provides broadband services to third-parties (“Subscriber’s Customers” or “Customers”) must affirmatively and contractually pass on the restrictions of this AUP to such Customers, and at their own expense employ commercially reasonable endeavors to ensure compliance by such Customers with the AUP including, without limitation, termination of services to any such Customer who violates this AUP. A violation of the AUP by any of a Subscriber's Customers shall be deemed a violation by the Subscriber, and subjects Subscriber to a termination of the Subscription Agreement.
This AUP is subject to change with notice by publication on the website accessible at http://www.metronetzing.org. Subscribers are responsible for monitoring this website for notice of such changes and reviewing and complying with the most recent version of the AUP.
SJVM reserves the right to deny or terminate access to SJVM's network by a Subscriber based upon the results of a security/abuse risk evaluation of the Subscriber by SJVM based upon publicly available information regarding Subscriber’s history in relation to its prior or current use of a network similar to that being provided by SJVM and the Subscriber’s relationship with previous network providers.
The actions described below are strictly prohibited under this AUP. The actions described below are not exhaustive but are only examples provided for guidance to Subscribers. If any Subscriber is unsure of whether a contemplated use or action is permitted, it is the Subscriber's responsibility to determine whether the use is permitted by contacting SJVM via electronic mail. The actions described below are expressly prohibited, and SJVM expressly reserves the right, at its sole discretion, to pursue remedies which may include terminating the Dark Fiber Network Subscription Agreement between SJVM and the Subscriber, and bringing legal action to enjoin violations and to collect damages, if any, caused by the Subscriber's violations. Subscribers must, at their own expense, employ commercially reasonable endeavors to ensure that they neither use nor allow others to use SJVM's network in any manner that:
a. violates any applicable law, regulation, rule, ordinance, order, guideline or directive of any federal, state, regional, county, town, city, municipal, territorial, or tribal government, whether domestic or foreign, or any department, agency, bureau, or other administrative, regulatory or judicial body of any such government, including any multinational body obtaining authority from any of the foregoing; or
b. violates the acceptable use policies of any network, machine, or service which the Subscriber accesses through SJVM's network; or
c. infringes the intellectual property rights of SJVM or others; or
d. violates the privacy of others; or
e. engages in deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes; or
f. violates any specific instructions given by SJVM for reasons of health, safety, or quality of network performance provided by SJVM or by reason of the need for technical compatibility of equipment attached to SJVM's network; or
g. interrupts, impairs, or materially degrades the quality of network performance provided by SJVM; or
h. provides, at either no charge or for a fee, bandwidth to a third party utilizing the Subscriber Fibers granted to Subscriber under the Dark Fiber Network Subscription Agreement and Segment Agreement in violation of Article 19 of the Dark Fiber Subscription Agreement.
Determination of Violations
SJVM has absolute discretion in determining whether a Subscriber’s use of SJVM’s Network violates this AUP.