Acceptable Use Policy
This Acceptable Use Policy (“AUP”) applies to all persons and entities (collectively, “Customers”) using the products and services of Sonora Network Solutions LLC ("Sonora"). The policy is designed to protect the security, integrity, reliability, and privacy of both the Sonora Network Solutions network and the products and services Sonora Network Solutions offers to its Customers. By using Sonora Network Solutions’s products and services, you agree to comply with this AUP. Sonora Network Solutions reserves the right to change or modify the terms of the AUP at any time. Your use of Sonora Network Solutions’s products and services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Sonora Network Solutions prohibits use of its products and services in any manner that is unlawful, harmful to or interferes with its network or systems, or the network of any ISP, infringes or offensive material, a security risk or violation of property. Such unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Sonora Network Solutions’s products or services, if in the sole judgment of Sonora Network Solutions such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Actions that restrict or inhibit anyone – whether a customer of Sonora Network Solutions or otherwise – in his or her use or enjoyment of Sonora Network Solutions’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Knowingly uploading or distributing files that contain malicious programs into the Sonora Network Solutions network or servers or other products and services of Sonora Network Solutions such as viruses, trojan horses, worms that contain time bombs, cancel bots, spyware or any other similar software that may damage the operation of another’s computer, network system or be used to engage in modem of system hijacking.
- Causing or attempting to cause security breaches or disruptions of Internet communications.
- Executing any form of network monitoring aimed at unauthorized interception of data or harvesting of email addresses.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Failing to comply with Sonora Network Solutions’s procedures relating to the activities of customers on Sonora Network Solutions-owned facilities.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of Sonora Network Solutions’s products or services.
- Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail “spam”); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- Harassment, whether through language, frequency, size or otherwise.
- Using products and services to publish, host, transmit, upload/download, distribute or store child pornography.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
- Engaging in the transmission of pirated software.
- Use of unsolicited E-mail originating from within the Sonora Network Solutions network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Sonora Network Solutions or connected via the Sonora Network Solutions network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
- Using, distributing, advertising, transmitting or otherwise making available any software program, product, or service designed to violate this AUP or the AUP of any ISP, including, but not limited to, the facilitation of the means to spam.
Enforcement of Sonora Network Solutions AUP
Customer’s failure to observe the guidelines set forth in this AUP may result in Sonora Network Solutions taking actions anywhere from a warning to a suspension or termination of Customer’s services. When feasible, Sonora Network Solutions may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
Sonora Network Solutions reserves the right, however, to act immediately and without notice to suspend or terminate affected services in response to a court order or government notice that certain conduct must be stopped or when Sonora Network Solutions reasonably determines, that the conduct may: (1) expose Sonora Network Solutions to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Sonora Network Solutions’s network or networks with which Sonora Network Solutions is interconnected, (3) interfere with another Sonora Network Solutions Customer’s use of services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Sonora Network Solutions or Sonora Network Solutions Customers.
Sonora Network Solutions has no obligation to monitor content of any materials distributed or accessed using the services or Internet. However, Sonora Network Solutions may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Sonora Network Solutions network and its Customers.
Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the services. Sonora Network Solutions has no responsibility for any material created on the Sonora Network Solutions’s network or accessible using services. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
This service agreement is non-assignable without the express written consent of Sonora Network Solutions.
Sonora Network Solutions shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but not limited to, acts of God; fire, earthquake, flood, water, the elements or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies, including cable, fiber, switching and other network equipment of third parties; unavailability of transportation; acts or omissions of third parties; or any other cause beyond Sonora’s reasonable control.
Sonora Network Solutions Makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or noninfringement usage of trade, course of dealing or course of performance or any warranty that the service or the equipment will meet customer’s requirements. The Service and the Equipment are provided to you on an “as is” basis. The Service is not fail-safe and may be disrupted. The service is not designed or intended for use in situations in which an error or interruption could lead to injury to business, persons, property or the environment. Without limiting the foregoing, Sonora Network Solutions does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither Sonora Network Solutions nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms & Conditions or the Service will be liable for unauthorized access to facilities, premises or equipment or for unauthorized access to, or alteration, theft or destruction of customer’s data or information regardless of whether such damage occurs as a result of negligence by Sonora Network Solutions, its contractors or service providers. Statements and descriptions concerning the Service or Equipment, if any, by Sonora Network Solutions or by Sonora Network Solutions’s authorized representatives are informational and are not given as a warranty of any kind.
Limitation of Liability
IN NO EVENT SHALL SONORA BE LIABLE TO CUSTOMER OR TO ANY USER OF CUSTOMER’S SERVICE FOR LOSS OF PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THE AGREEMENT, EVEN IF SONORA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, SONORA SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM OTHERS ACCESSING CUSTOMER’S COMPUTERS AND EQUIPMENT, SECURITY BREACHES, VIRUSES, EASVESDROPPING, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES, OR ANY USE OF THE EQUIPMENT OR SERVICES OF SONORA THAT INFRINGES UPON ANY PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR INTELLECTUAL PROPERTY OR CONTRACTUAL OR OTHER RIGHTS OF ONE OR MORE THIRD PARTIES. It is expressly understood that Sonora Network Solutions shall have no liability for any damage to you or any other person claimed to have resulted from your use of the Service(s).