Internap Network Services Corporation and its subsidiaries (“Internap”) provide IT infrastructure services (the “Services”) through Internap’s networks, systems and facilities (the “Infrastructure”). You acknowledge that through your use of the above, you have read, understand and agree to be bound by this Acceptable Use Policy (“AUP”). Internap reserves the right, in its sole discretion, to make changes or updates to this AUP at any time. If any changes or updates are made, Internap will post a revised version of this AUP on its website, at which time such changes or updates shall become effective. These updates and changes will not apply to any dispute of which Internap had actual notice prior to the posting of these update and changes. Your continued use of the Services or Infrastructure after any such changes or updates constitutes your acceptance of these changes and updates. If you do not agree to abide by this AUP, do not use or access the Services or Infrastructure. Further, you confirm you have the authority to bind your company to the terms and conditions in this AUP.
You shall use the Services in accordance with all applicable laws, rules, regulations and court orders. You are solely responsible for any and all content, material and data that you maintain, transmit, download, view, post, distribute or make available using the Services or Infrastructure, and any third party claims arising out of such activities. You shall not use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of any applicable law, rule, regulation or judicial order (including without limitation, export laws and encryption regulations); (b) in violation of this AUP, the terms of any applicable agreement with Internap or any other Internap policy applicable to you; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by others; or (d) in a manner that exposes Internap to criminal or civil liability. You shall cooperate with Internap in investigating and correcting any breach of this AUP.
Further, and without limiting the more general prohibitions of this AUP, you shall not use the Services or Infrastructure, or assist anyone else, to:
- Publish, transmit, distribute or store content, material, information or data that (a) is illegal (including child pornography), obscene, defamatory, libelous, threatening, harassing, abusive or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with Internap’s provision of Services, the Infrastructure or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or otherwise violates 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); or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”).
- 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 (including, without limitation, “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 Internap internet protocol space;
- Avoid incurring charges or otherwise being required to pay for Services;
- Transmit unsolicited bulk e-mail messages (“Spam”); have third parties send out Spam on any user’s behalf; receive 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-mails may only be sent to recipients who have expressly requested receipt of such e-mail messages via a “verified opt-in” process. If you send bulk e-mail, you 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 immediately provide Internap with such records upon Internap’s request. 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. You 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 you shall not use the Services or Infrastructure 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 Internap in its discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules; or
- Violate the applicable acceptable use policies of other ISPs when data, content or other communications are carried across the networks of such ISPs.
Internap’s Rights and Remedies
Your failure to comply with this AUP may result in Internap taking actions ranging from a warning to a suspension or termination of your use of the Services and Infrastructure.
Internap reserves the right, however, to act immediately and without notice to suspend or terminate affected Services and your access to the Services and Infrastructure in response to a court order or governmental notice that certain conduct must be stopped or in the event Internap determines, that your conduct or breach may (1) expose Internap to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with Internap’s Infrastructure or networks connected with the Infrastructure or Services; (3) interfere with another customer’s use of the Services or Infrastructure; (4) violate any applicable law, rule, regulation or court order; or (5) otherwise present an imminent risk of harm to Internap or its customers.
Internap has no obligation to monitor content or material published, transmitted, accessed, received, distributed or stored using the Services or Infrastructure, but reserves the right to do so. Internap further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity and IP address of any user that Internap believes is responsible for such violation. Internap also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way Internap’s rights and remedies at law or in equity that may otherwise be available. If you resell or provide the Services to your customers, you must contractually pass on the restrictions of this AUP to your customers and take steps to ensure compliance by your customers with this AUP.
Digital Millennium Copyright Act
In accordance with all applicable laws, Internap respects the intellectual property rights of its customers, suppliers, partners, end users and third parties. Without limiting its rights and remedies hereunder, Internap complies with all aspects of the Digital Millennium Copyright Act (42 USC 512, et. seq.) (“DMCA”) and maintains and enforces a policy whereby it will terminate the Services to any end user guilty of infringement. Internap’s DMCA policies and procedures can be found here: http://www.internap.com/digital-millennium-copyright-act-policy.
Any failure to insist upon or enforce performance of any provision in this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this AUP. Internap may assign its rights and duties under these terms to any party at any time without further notice. If any provision of this AUP is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Questions, Complaints and Contact Information
You should send any questions or complaints regarding prohibited use or other abuse of the Services and Infrastructure, including violations of this AUP, to firstname.lastname@example.org. Please include all applicable information that will assist Internap in investigating the complaint.