|
|
Systems Continuity Acceptable Use Policy
Last Modified: November 2009
A.
General
Systems Continuity and its affiliates (“Systems Continuity”) provide
a variety of information, Internet, network-, and technology-related
services (“Services”). Systems Continuity has formulated this
Acceptable Use Policy (“AUP”) in order to ensure the appropriate use
of the Services and the Systems Continuity network, systems, and
facilities (“Infrastructure”) by our customers, our customers’
customers, members or end-users, and any other parties who use or
access the Services or the Infrastructure (collectively, “Users”).
All Users must comply with this AUP. Systems Continuity reserves the
right to change this AUP from time to time and will notify Users by
posting a revised copy of the AUP on the Systems Continuity Web
site. By using or accessing the Systems Continuity Services or
Infrastructure, Users agree to be bound by the terms of this AUP.
Any indirect or attempted violation of this policy by or on behalf
of a User, and any actual or attempted violation by a third party on
behalf of a User, shall be considered a violation of the policy by
the User and the User shall be held directly accountable therefore.
B.
Acceptable Use
Users shall not use the Systems Continuity Services or
Infrastructure to transmit, distribute, or store material: (a) in
violation of any applicable law, regulation, or judicial order; (b)
that violates the terms of this AUP, the terms of any applicable
agreement with Systems Continuity, or any other Systems Continuity
policy applicable through the Agreement; (c) that interferes with or
adversely affects the Services or Infrastructure or use of the
Services or Infrastructure by other Systems Continuity customers; or
(d) that may expose Systems Continuity to criminal or civil
liability. Users shall cooperate with Systems Continuity in
investigating and correcting any apparent breach of this AUP. Users
shall be solely responsible for any material that they maintain,
transmit, download, view, post, distribute, or otherwise access or
make available using the Services or Infrastructure.
In particular, but without limiting the more general prohibitions in
this AUP, Users shall not use the Services or Infrastructure, or
assist anyone else to:
-
Transmit, distribute or store information or
material that, as reasonably determined by Systems
Continuity, is (a) inappropriate, obscene (including
child pornography), defamatory, threatening,
abusive, advocating violence, or which violates a
law, regulation, or public policy; (b) harmful to or
interferes with Systems Continuity’ provision of
Services, the Infrastructure, or any third party's
networks, equipment, applications, services, or Web
sites (e.g., viruses, worms, Trojan horses, etc.);
(c) would infringe, dilute, misappropriate, or
otherwise violate any privacy, intellectual
property, publicity or other personal rights
including, without limitation, copyrights, patents,
trademarks, trade secrets, or other proprietary
information (including unauthorized use of domain
names); (d) fraudulent or contains false, deceptive,
or misleading statements, claims, or representations
(such as “phishing”); or (e) violates generally
accepted standards of Internet usage;
-
Attempt to disrupt, degrade, impair, or violate the
integrity or security of the Services or
Infrastructure or the computers, services, accounts,
or networks of any other party (e.g., “hacking,”
“denial of service” attacks, etc.), including any
activity that typically precedes attempts to breach
security such as scanning, probing, or other testing
or vulnerability assessment activity, or engaging in
or permitting any network or hosting activity that
results in the blacklisting or other blockage of
Systems Continuity IP space;
-
Avoid incurring charges or otherwise being required
to pay for Services;
-
Transmit unsolicited bulk e-mail messages (“Spam”);
having third parties send out Spam on any user's
behalf; receiving replies from unsolicited e-mails
(commonly referred to as "drop-box" accounts) or
configuring any e-mail server in such a way that it
will accept third party e-mails for forwarding
(e.g., "open mail relay"). Bulk e-mail may only be
sent to recipients who have expressly requested
receipt of such e-mail messages via a "verified
opt-in" process, which must be adhered to in its
entirety for any bulk e-mail to be considered
"solicited" by Systems Continuity. Users that send
bulk e-mail must maintain complete and accurate
records of all e-mail subscription requests
(verified opt-ins), specifically including the
e-mail and associated headers sent by every
subscriber, and to immediately provide Systems
Continuity with such records upon request of Systems
Continuity. If a site has roaming users who wish to
use a common mail server, the mail server must be
configured to require user identification and
authorization. Users are also prohibited from using
the service of another provider to send Spam in
order to promote a site hosted on or connected to
the Services or Infrastructure, and Users shall not
use the Services or Infrastructure in order to (a)
send e-mail messages that are excessive and/or
intended to harass or annoy others, (b) continue to
send e-mail messages to a recipient that has
indicated that he/she does not wish to receive them,
(c) send e-mail with forged TCP/IP packet header
information, or (d) send malicious e-mail,
including, without limitation, "mailbombing";
-
Violate any charters, policies, rules or agreements
promulgated by any search engines, subscription Web
services, chat areas, bulletin boards, Web pages,
USENET, or other services accessed via the Services
or Infrastructure (“Usenet Rules”), including,
without limitation, any cross postings to unrelated
news groups, continued posting of off-topic
messages, and disrupting newsgroups with materials,
postings, or activities that are inappropriate (as
determined by Systems Continuity in its sole
discretion), unless such materials or activities are
expressly allowed or encouraged under the Usenet
Rules;
-
Violate the applicable acceptable use policies of
other ISPs when data, content, or other
communications are carried across the networks of
such ISPs.
C.
Systems Continuity’s Rights and Remedies
Systems Continuity has no responsibility for any material or
information created, stored, maintained, transmitted, or accessible
on or through the Services or Infrastructure and is not obligated to
monitor or exercise any editorial control over such material. In the
event that Systems Continuity becomes aware that any such material
may violate this AUP and/or expose Systems Continuity to civil or
criminal liability, Systems Continuity reserves the right to
investigate such material, block access to such material, and
suspend or terminate any Services without liability. Systems
Continuity further reserves the right to cooperate with legal
authorities and third parties in investigating any alleged
violations of this AUP, including disclosing the identity of any
User that Systems Continuity believes is responsible for such
violation. Systems Continuity also reserves the right to implement
technical mechanisms to prevent AUP violations. Nothing in this AUP
shall limit in any way Systems Continuity’ rights and remedies at
law or in equity that may otherwise be available.
D.
Additional Provisions for Internet Data Center
Users. In addition to the above provisions, the following additional
provisions shall apply to those customers and its authorized
representatives that have access to Systems Continuity’ Internet
Data Centers (“IDC”) as a part of Services. The below provisions are
in addition to, and to the extent not in conflict with, the rules of
the individual IDC or Systems Continuity security or related
policies.
-
Access to the IDCs. Only those individuals properly
authorized by our Network Operations Center in
accordance with Systems Continuity’ security
policies shall be permitted access the IDCs.
Customer shall deliver prior written notice to
Systems Continuity of any personnel for which they
desire to provide IDC access (“Authorized
Personnel”) in accordance with Systems Continuity’
security policies. Customer and its Authorized
Personnel shall not allow any unauthorized persons
to have access to or enter any IDC, such as by
“tailgating” or any other means. Customer and its
Authorized Personnel may only access that portion of
an IDC made available by Systems Continuity to
Customer for the placement of Customer's equipment
and use of the IDC Services (the “Customer Area”),
and common areas of the IDC (e.g., entryways and
bathrooms) unless otherwise approved and accompanied
by an authorized Systems Continuity representative.
-
Conduct at IDCs. Customer and its Authorized
Personnel shall adhere to and abide by all security
and safety measures established by Systems
Continuity from time to time and set forth in the
Customer Guide provided by Systems Continuity to
Customer or posted at the IDC. Customer and its
Authorized Personnel shall not: (a) touch, inspect,
interface, or interfere with, use, misuse, or abuse
any Systems Continuity or third party’s property or
equipment; (b) harass or interfere with the normal
activities of any individual, including Systems
Continuity or other customers’ employees or
authorized representatives; or (c) engage in or
assist another in engaging in any activity that is
in violation of the law or this AUP.
-
Prohibited Items. Customer and its Authorized
Personnel shall keep each Customer Area clean, free,
and clear of debris and refuse. Customer shall not,
except as otherwise agreed to in writing by Systems
Continuity: (a) place any computer hardware or other
equipment in the Customer Area that is not required
for the use or implementation of Services or which
contains any combustible or hazardous material; (b)
store any paper products or other combustible
materials of any kind in the Customer Area (other
than equipment manuals); or (c) bring any Prohibited
Materials (as defined below) into any IDC.
“Prohibited Materials” include, without limitation,
the following and any other similar items: food and
drink; tobacco products; explosives and weapons;
hazardous materials of chemicals; alcohol, illegal
drugs, and other intoxicants; magnets or
electro-magnetic devices; radioactive materials; or
photographic or recording equipment of any kind
(other than tape or digital backup equipment used
exclusively for the customers own equipment).
-
Customer Equipment and Connections. Each piece of
equipment installed in a Customer Area (the
“Customer Equipment”) must be clearly labeled with
Customer’s name (or code name provided in writing to
Systems Continuity) and individual component
identification. All Customer Equipment shall be
identified in writing by Customer and each
connection to and from a piece of Customer Equipment
shall be clearly labeled with Customer’s name (or
code name provided in writing to Systems Continuity)
and the starting and ending point of the connection.
Customer Equipment must be configured and run at all
times in compliance with the manufacturer's
specifications, including power outlet, power
consumption, and clearance requirements. Customer
must provide Systems Continuity with at least 48
hours prior notice any time Customer intends to
connect or disconnect any Customer Equipment or
other equipment.
|
