General Statement: The purpose of this AUP is to inform all Customers of the acceptable uses of the Services. NewCloud Networks (“NCN”) is committed to encouraging the use of the internet through its Services, but such use must be consistent with the laws and regulations governing use of the internet and must protect the right of its other Customers to use its Services. NCN aims at maintaining a valuable service that meets the needs of the Customer and the AUP is designed to achieve this goal. Through its use of the Services, Customer agrees to comply with the AUP and is responsible for the use of the Services by all entities and individuals whom Customer permits to use the Services. NCN has the right to change or modify the terms of the AUP at any time, effective when posted to its website. Customer’s use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms. NCN will not, as an ordinary practice, monitor the communications of Customers to ensure that they comply with NCN’s AUP or applicable law. However, NCN reserves the right, where feasible, to implement technical mechanisms to prevent any violations of this AUP. NCN shall have the sole right to interpret the meaning of any provision of this AUP or whether a Customer, or an individual or entity which Customer permits to use the Services, violates this AUP.
Prohibited Uses: The following list provides a number of general prohibited uses of the Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses.
1. Unlawful Activities The following list provides a number of general prohibited uses of the Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses. a) Child pornography b) Unlawful gambling activities c) Threats, harassment and abuse of any individual, organization or business d) Fraudulent activities e) Terrorist websites or other sites advocating human violence and hate crimes based upon religion, ethnicity or country of origin f) Unlawful high yield investment plans, Ponzi schemes or linking to and or advertising such schemes.
2. Unsolicited Email: The use of the Services to send or receive mass unsolicited email (“SPAM”). This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends.
3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services.
4. Proxy Email: The use of the Services as a proxy email server to forward email to unrelated Third Parties.
5. Hacking: The use of the Services for hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network.
6. Threatening Material or Content: The Services shall not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, NCN reserves the right to decline to provide Services if the content is determined by NCN to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
7. Violation of Intellectual Property Rights: The Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of NCN or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
8. Distribution of Malware: The storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity is prohibited. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by NCN on a case by case basis.
9. Phishing: Any activity designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any activity related to phishing activities may result in the immediate suspension of Customer’s account.
10. Violation of Agreements relating for Third Party Services: Any activity which violates any Third Party Service Agreement.
11. Denial of Service: Any activity to implement or assist in the implementation of denial of service attack. NCN absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks (“DoS”) or distributed denial of service attacks (“DDoS”). Customers may not utilize the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of this AUP.
12. Other Activities: Other activities, whether lawful or unlawful, that NCN, in its sole discretion, determines to be harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other Customer from using the Services.
Reporting Violation of the Acceptable Use Policy: NCN accepts reports of alleged violations of this AUP via email sent to firstname.lastname@example.org. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, NCN owes no duty to Third Parties reporting alleged violations. NCN will review all verified Third Party reports and will take such actions as it deems appropriate in its sole discretion. NCN will comply with and respond to valid (as NCN determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, NCN will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, NCN reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order.
Methods of Resolution for Violations of NCN’s Acceptable use Policy. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. The Methods of Resolution is provided for informational purposes only and forms the framework and guidance with respect to resolving potential violations, but in the event of any conflicts between the Acceptable Use Policy (in particular its enforcement) and the Master Services Agreement or Service Schedule, the Master Services Agreement or Service Schedule shall control. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors.
Step 1: First alleged violation of AUP: NCN shall issue a Notice of Potential Violation to the Customer with information regarding the potential violation of NCN’s AUP. This is often a fact-finding email or letter requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: NCN shall provide the Customer with a Notice of Violation, including information specific to the violation. The Notice of Violation will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation. NCN has the sole discretion to determine which action is appropriate under the circumstances.
Step 3: Failure to address and resole violation: if Customer fails to address the violation AND fails to resolve the violation, a suspension of services may occur. This is a last resort for NCN and only results when the Customer completely fails to participate in NCN’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer’s data. NCN may take action immediately without regard to any cure periods that may be set forth in the applicable Service Schedule or Master Services Agreement.
Disclaimer: NCN retains the right, at its sole discretion, to refuse new Service to any individual, group, or business. NCN also retains the right to discontinue Service to Customers with excessive and/or multiple repeated violations.