Terms of Use
Last Modified: 08/23/2008
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 website.
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:
1. 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;
2. 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;
3. avoid incurring charges or otherwise being required to pay for
Services;
4. transmit unsolicited bulk e-mail messages (“Spam”); having third
parties send out Spam on any user's behalf; receiving replies from
unsolicited emails (commonly referred to as "drop-box" accounts) or
configuring any email server in such a way that it will accept third
party emails for forwarding (e.g., "open mail relay"). Bulk email
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 email to be considered
"solicited" by SYSTEMS CONTINUITY. Users that send bulk email must
maintain complete and accurate records of all e-mail subscription
requests (verified opt-ins), specifically including the email 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";
5. 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;
6. 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’ 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.
1. 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.
2. 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.
3. 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). 4. 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. |