All SJVM, Inc. ("SJVM") Customers are responsible for reviewing and complying with this Acceptable Use Policy ("AUP").  For the purposes of this AUP, "Customer" is defined to mean an SJVM Customer (that is, an entity which is a party to a Dark Fiber Network Subscription Agreement or a Dark Fiber IRU Agreement with SJVM) and also include the Customer's own users.  Customers who provide services to third-party users must affirmatively and contractually pass on the restrictions of this AUP to such users, and at their own expense employ commercially reasonable endeavors to ensure compliance by such users with this AUP including, without limitation, termination of services to any such user who violates this AUP.  A violation of the AUP by any of a Customer's third-party users shall be deemed a violation by the Customer.

This AUP is subject to change with notice by publication on the website accessible at http://www.stjoevalleymetronet.org.  Customers 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 party based upon the results of a security/abuse risk evaluation of the party by SJVM based upon publicly available information regarding the party's history in relation to its prior or current use of a network similar to that being provided by SJVM and the party'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 Customers.  If any Customer is unsure of whether a contemplated use or action is permitted, it is the Customer'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 or the Dark Fiber IRU Agreement between SJVM and the Customer, and bringing legal action to enjoin violations and to collect damages, if any, caused by the Customer's violations.  Customers 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 Customer 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.

SJVM has absolute discretion in determining whether a Customer's use of SJVM's Network violates this AUP.