CO-LOCATION, FLXCLOUD, AND BANDWIDTH SERVICES AGREEMENTS, Revised February 2013
Acceptable Uses Policy
This Acceptable Uses Policy is incorporated into all Co-location and Bandwidth Services Agreements and FlxCloud Services Agreements (the “Agreements”) between Brush Mountain Data Center, LLC (“BMDC”) and its customer (“Customer”) that references this version of these Terms and Conditions.
ACCEPTABLE USES POLICY
1. Lawful Purposes. Customer may use Colocation and Bandwidth Services and Cloud Services only for lawful purposes, in compliance with all applicable laws, rules and regulations. Specific activities that are prohibited include, but are not limited to:
- Threatening harm to persons or property or otherwise harassing behavior.
- Violating United States or any other applicable export control laws for software or technical information. Misrepresenting or fraudulently representing products/services using Customer’s account. Transmission, distribution or storage of any material in violation of any applicable law, rule or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal. Facilitating, aiding, or encouraging any of the above activities, whether using BMDC’s network or service by itself or via a third party’s network or service.
- Interference with a third party’s use of BMDC’s network or service, or ability to connect to the Internet or provide services to Internet users.
- Transmission, distribution or storage of any material that is slanderous or libelous or that otherwise infringes the rights of any third person.
- Transmission, distribution or storage of any material that is considered child pornography or otherwise prohibited by Federal Law of the United States of America or any other applicable laws, rules and regulations.
2. Email. Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Customer will not use another site’s mail server to relay email without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside BMDC network. It is also strictly forbidden to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE). A Customer’s connectivity may be terminated without delay if the Customer has been documented on a recognized SPAM abuse list or if the Customer has previously been denied access from another provider due to Acceptable Uses Policy (AUP) violations.
3. System and Network Security. Customer is prohibited from utilizing BMDC services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site. Specific activities that are prohibited include, but are not limited to:
- Use or distribution of tools designed for compromising security.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Intentionally or recklessly transmitting files containing a computer virus or corrupted data.
4. Violation. Subject to the terms of this Agreement, BMDC may, in its sole discretion, determine what action will be taken in response to a violation on a case-by-case basis, including, but is not limited to, blocking access at the router level to Customer’s Equipment and/or FlxCloud, temporary or permanent blocking of access to the equipment and/or FLxCloud, and the suspension or termination of Customer’s Services under the Agreements. BMDC may involve and will also fully cooperate with law enforcement authorities (including compliance with court orders) in investigating suspected lawbreakers. Violation of this AUP may also subject Customer to criminal or civil liability.
5. Reporting Copyright Violations. BMDC complies with the Digital Millennium Copyright Act (“DMCA”). BMDC encourages customers to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to:
Attention: BMDC Dedicated Hosting.
3035 Moffat Road Toledo, Ohio 43615
BMDC reserves the right to suspend or terminate any customer pursuant to any valid DMCA complaint. Furthermore, BMDC, in its sole discretion, may suspend or terminate, without notice, any customer that BMDC determines is a repeat copyright infringer.
6. Modification of AUP. BMDC reserves the right to modify this AUP at any time without notice. Any modifications to BMDC’s AUP not reflected on the version of the policy contained in this Agreement will not be binding on Customer until 15 days from the date BMDC has provided Customer with a written copy of such modified AUP.
Customer is responsible for all use of the Co-location Space, FlxCloud Services, and Bandwidth Services by itself, its employees, agents, contractors, invitees and clients, whether such use is with or without the consent of Customer.