Internap Network Services Corporation and its subsidiaries (“Internap”) provide IT Infrastructure services (the “Services”). By using the Services and Internap’s network, systems and facilities (the “Infrastructure”), you acknowledge that you have read, understand and agree to be bound by this Acceptable Use Policy (“AUP”). Internap reserves the right, at its sole discretion, to make changes or updates to this AUP at any time without further notice. If any changes or updates are made, Internap will post a revised version of this AUP on its website. Your continued use of the Services or Infrastructure after any such changes or updates constitutes your acceptance of the new AUP. If you do not agree to abide by this or any future AUP, please 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.
Acceptable Use
You shall not use the 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 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 other Internap customers; or (d) that may expose Internap to criminal or civil liability. You shall cooperate with Internap in investigating and correcting any breach of this AUP. You shall be solely responsible for any material that you 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, you shall not use the Services or Infrastructure, or assist anyone else, to:
- Transmit, distribute or store information or material that, as reasonably determined by Internap, (a) is inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence or which violates a law, regulation or public policy; (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) 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) is 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 Internap internet protocol 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 Internap. 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 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 Internap in its sole 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
Internap 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 Internap becomes aware that any such material may violate this AUP and/or expose Internap to civil or criminal liability, Internap reserves the right to investigate such material, block access to such material and suspend or terminate any Services and/or access to the Infrastructure without liability. 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 or 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.
Other Terms
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 abuse@internap.com. Please include all applicable information that will assist Internap in investigating the complaint.
