All Clients of Phoenix NAP, LLC (PNAP) agree to abide by the following acceptable use policies. PNAP may change these policies at any time and updates will be posted at https://phoenixnap.com/cs/legal. Client is responsible for reviewing the AUP frequently to ensure compliance with the latest version of this AUP. Client’s continued use after changes are posted constitute Client’s acceptance of the modifications posted. Complaints about any Client’s violation of these AUPs should be sent to [email protected].
These Acceptable Use Policies demonstrate what PNAP considers to be acceptable conduct when using its service and actions that PNAP may take, with or without notice, when the service is misused. These AUPs are drawn from applicable law and generally accepted Internet conduct standards and are used to ensure the protection of PNAP’s technical resources, ability to continue providing high quality service to Clients, and its reputation. Clients are expected to conform to the following AUPs:
- Client’s use of the service is at Client’s own risk.
- Client takes full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PNAP’s infrastructure.
- Client is responsible for all use of its own account(s) and keeping all passwords safe and confidential, and setting file protections correctly.
- If a password is lost, stolen, or otherwise compromised, PNAP will suspend access or change Client account access immediately following notification by Client.
- PNAP is not responsible for any usage or charges prior to the notification and account alteration.
- PNAP makes email as safe as it possibly can, but no computer network can ever be considered completely safe from intrusion. Knowing this and that all email may pass through many computer networks it should not be considered a secure communication unless encrypted, and even then it is only as secure as the encryption method used.
- Non-Transferability of Account
The right to use PNAP’s accounts is expressly limited to the Client whose name appears on the SOF and is not transferrable.
- Unacceptable Conduct
The following types of conduct by Client are grounds for immediate suspension of service pending investigation by PNAP and may result in termination without refund for any and all accounts held by the Client (individual, corporation, or Website) found to be in violation. Client’s business relationships (referrers, associates, etc.) impacting PNAP are also Client’s responsibility, and client will make sure that they immediately cease non-compliant actions or Client discontinues its association with them. Continuing violations by Client's business relationships may result in PNAP, at its discretion, having to terminate the Client relationship without refund.
The following behaviors are unacceptable conduct:
- Spamming or Harassment: Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate). Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
- Engaging in either (A.) from a provider other than Phoenix NAP to draw attention to a Web site housed within Phoenix NAP’S networks or covered by Phoenix NAP’S agreement with Client.
- Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Phoenix NAP.
- Email bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts. Likewise, the sending of UBE (unsolicited bulk email) from another service provider advertising a web site, email address or utilizing any resource hosted on Phoenix NAP's servers, is prohibited.
- Impersonating another user or otherwise falsifying one's user name in E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous retailer services.)
- Intellectual property right infringement: Using any means to transmit, publish, submit, copy, reproduce, steal, infringe on or distribute any information, software or other material that is protected by copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any third party, including, but not limited to, the unauthorized use and/or copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, unless you own or control the rights thereto or have received all necessary consents to do the same.
- Network Unfriendly or Illegal Activity
- Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
- Attempts to interfere with the regular workings of Phoenix NAP’S systems or network connections or which adversely affect the ability of other people or systems to use Phoenix NAP’S services or the Internet.
- Any unauthorized attempts by a Client to gain access to any account not belonging to that Client on any of Phoenix NAP’S systems.
- Any activity, which violates any local, state, U.S., or international law or regulation.
- Repeated submissions of transactions to Phoenix NAP utilizing the same or similar IPs with varying identification information.
- Export Control Violations
Exporting encryption software, over the Internet or otherwise, to locations outside of the U.S. is prohibited.
- Violation of PNAP Policy
- Any attempt to bypass or remove Phoenix NAP’S name, logo, or customer support link from any page from Phoenix NAP’S servers.
- The posting or display of any image or wording related to any Web site running, participating, or advertising acts allowing the subscriber to bet or gamble on an uncertain outcome, or to play a game of chance for stakes.
- Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous, or threatening.
- Reproduction, storage, advertising, or transmission of any software, program, product, or service in violation of any local, state, U.S., or international law or regulation is prohibited. Phoenix NAP makes every attempt in such cases to work with both U.S. and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database, located at www.spamhaus.org/rokso.
- Compliance with Rules of Other Networks
Any access to other networks connected to PNAP’s Internet service must comply with the rules for that network as well as with PNAP’s rules.
PNAP reserves the right to monitor any and all communications through or with its facilities, as well as all Client’s sites, for compliance with this AUP and PNAP’s Terms and Conditions. PNAP is not a secure communication medium for purposes of the Electronic Communications Privacy Act, and no expectation of privacy is afforded. PNAP employees may be required to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
- Cooperation with Authorities
PNAP cooperates with law enforcement and other authorities investigating claims of illegal activity, including without limit illegal transfer or availability of copyrighted material, trademarks, child pornography, postings, or email containing threats of violence, or other illegal activity.
- Confidentiality of Personal Subscriber Information
PNAP will not release any Client or customer PII to any third party except upon presentation of a valid court order or other request PNAP is legally required to respond to. Client agrees that PNAP’s judgement of the validity of any court order, subpoena, or request shall be considered proper and final.