This AUP applies to each user (“Customers”) that subscribes for our products and services, all users of our products and services and all users that access or utilize our website, our Network or our physical infrastructure, whether or not such users are our customers, including the customers of our customers (“Third Party Users”), and every account, server or network device that is under each Users control and attached to our Network or physical infrastructure as a part of our Services. The term “User” as used in this AUP means both Customers and Third Party Users.
This AUP is incorporated by this reference into each Customers Terms of Service and Service Level Agreement. This AUP should be read in conjunction with our Terms of Service, Network Computers Service Level Agreement and Network Computers Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Customers’ use of Network Computers website, The Network, the Products and Services is also subject to Customers acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of Network Computers Terms of Service, SLA and Privacy Policy may be reviewed or printed by Customer. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE TERMS OF SERVICE, THE SLA AND THIS AUP.
Network Computers reserve the right to amend or modify this AUP from time to time as may be required. Customers’ use of the Network Computers Products and/or Services, network and physical infrastructure after changes to the AUP will constitute the Users acceptance of any such amendments or modifications.
Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Network Computers. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate Network Computers to monitor, review, or police the data and content residing on The Network Computers Network / Servers or (b) create any obligation or duty of Network Computers to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Network Computers is not likely to be aware of any violations of this AUP or any violations of law. Network Computers expects all Users to notify us of any violations of law or violations of this AUP.
NETWORK COMPUTERS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON NETWORK COMPUTERS’ NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
PROHIBITED CONTENT
Users shall not allow the posting, transmission, or storage of data or content on or through Network Computers Services, Network Computers Network or its physical infrastructure which, in Network Computers sole determination, constitutes a violation of any central, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Law”). Users shall be responsible for determining which Applicable Laws are applicable to their use of Network Computers Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) “harvested” addresses or information, (c) “phishing” websites, or (d) “spamvertising” sites.
A User shall not knowingly host on its Servers, use Network Computers Network or transmit over Network Computers Network, any material believed by Network Computers to constitute pornography / offensive / objectionable. In addition to any other actions it may take under this AUP, Network Computers reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged pornography or an alleged violation of Applicable Law.
USERS SECURITY OBLIGATION
Users must use reasonable care to ensure the security of each Server, Network Computers Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Network Computers reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Network Computers Network or any hardware objects on the network as a result of a security compromise. |
 |
Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses and key loggers. |
|
Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information. |
|
Executing any form of network activity that will intercept data not intended for the Customers server. |
|
Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks. |
|
Interfering with or denying service to any user, host, or network other than the Customers host, such as a denial of service attack or distributed denial of service attack. |
|
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information. |
|
Soliciting the performance of any illegal activity, even if the activity is not performed. |
|
Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session. |
|
