Acceptable Use Policy This Acceptable Use Policy (“AUP”) describes activities that are not allowed on the ExaServer Inc network. The AUP is incorporated by reference in your Agreement with ExaServer Inc. Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.
Inquiries regarding this policy should be directed to Legal@ExaServer.com.
You may not use ExaServer Inc’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
You may not publish, transmit or store on or via the Services any content or links to any content that ExaServer Inc reasonably believes:
You may not use your ExaServer Inc services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP.
No High Risk Use
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
These policies apply to messages sent using ExaServer Inc’s Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via ExaServer Inc’s Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
You may not attempt to probe, scan, penetrate or test the vulnerability of an ExaServer Inc system or network, or to breach the ExaServer Inc security or authentication measures, whether by passive or intrusive techniques. Additionally, you may not perform such testing of your own Hosted System without ExaServer Inc’s prior written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, and prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using your ExaServer Inc Services.
The Services may not be used in violation of export laws, controls, regulations or sanction policies of Canada or your applicable jurisdiction. ExaServer Inc Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.
Intellectual Property and Other Proprietary Rights
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
In addition, you may not use ExaServer Inc Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is ExaServer Inc’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
Cooperation with Investigations and Legal Proceedings
If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Excessive Use of Shared System Resources
You may not use any shared system provided by ExaServer Inc in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
Third Party Conduct
You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of ExaServer Inc Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
Changes to the AUP
The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our services by publishing a revised version of the AUP at https://oldsite.exaserver.com/legal-acceptable-use-policy , or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.
The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement for all or part of your Hosted System that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP.
If your compliance with the revised AUP would adversely affect your use of the Hosting Services, you may elect to terminate the Agreement by giving ExaServer Inc written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.
Consequences of Violation of AUP
If you breach the AUP we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP.