General

provides a variety of information, Internet, network- and technology-related services (the “Services”). has formulated these Terms of Service (“TOS”) to ensure the appropriate use of the Services and of the network, systems and facilities (the “Infrastructure”) by our customers, our customers’ customers, members or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, “Users”).

All Users must comply with this TOS. reserves the right to change this TOS from time to time and will notify Users by posting a revised copy on the website. By using or accessing the Services or Infrastructure, Users agree to be bound by the terms of this TOS. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User, and the User shall be held directly accountable therefor.

Acceptable Use

Users shall not use the Services or Infrastructure to transmit, distribute or store material:

  • in violation of any applicable law, regulation or judicial order;
  • that violates the terms of this TOS or of any applicable agreement with ;
  • that interferes with or adversely affects the Services or Infrastructure, or their use by other customers; or
  • that may expose to criminal or civil liability.

Users shall cooperate with in investigating and correcting any apparent breach of this TOS. Users shall be solely responsible for any material that they 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 TOS, Users shall not use the Services or Infrastructure, or assist anyone else, to:

  1. Transmit, distribute or store information or material that is inappropriate, obscene, defamatory, threatening or abusive; that is harmful to or interferes with the provision of Services, the Infrastructure or any third party’s networks, equipment, applications, services or websites (e.g. viruses, worms, Trojan horses); that infringes any privacy, intellectual property, publicity or other personal rights; that is fraudulent or contains false, deceptive or misleading statements (such as “phishing”); or that violates generally accepted standards of Internet usage.
  2. 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” or “denial of service” attacks), including scanning, probing or other vulnerability-assessment activity.
  3. Avoid incurring charges or otherwise being required to pay for Services.
  4. Transmit unsolicited bulk e-mail (“Spam”), operate open mail relays or drop-box accounts, or send e-mail with forged header information or malicious content such as “mailbombing”. Bulk e-mail may only be sent to recipients who have expressly requested it through a verified opt-in process.
  5. Violate any charters, policies, rules or agreements of search engines, subscription web services, chat areas or bulletin boards, including cross-posting to unrelated news groups or disrupting news groups with inappropriate material.
  6. Violate the applicable acceptable-use policies of other ISPs when data, content or other communications are carried across their networks.

Rights and Remedies

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 becomes aware that any such material may violate this TOS and/or expose to civil or criminal liability, reserves the right to investigate such material, block access to it, and suspend or terminate any Services without liability.

further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this TOS, including disclosing the identity of any User believed to be responsible for a violation, and to implement technical mechanisms to prevent TOS violations. Nothing in this TOS shall limit in any way ’s rights and remedies at law or in equity that may otherwise be available.

Additional Provisions for Internet Data Centers

In addition to the above, the following provisions apply to customers and their authorized representatives that have access to Internet Data Centers (“IDC”) as part of the Services. These provisions are in addition to, and to the extent not in conflict with, the rules of the individual IDC and security or related policies.

  1. Access to the IDCs. Only individuals properly authorized in accordance with security policies may access the IDCs. Customers must deliver prior written notice of any personnel for whom they request access (“Authorized Personnel”) and must not allow unauthorized persons to enter any IDC, such as by “tailgating”. Customers may access only the area made available for the placement of their equipment (the “Customer Area”) unless otherwise approved and accompanied by an authorized representative.
  2. Conduct at IDCs. Customers and Authorized Personnel shall abide by all security and safety measures established by and set forth in the Customer Guide. They shall not touch, interfere with, misuse or abuse any or third-party property or equipment; harass or interfere with the normal activities of any individual; or engage in any activity in violation of the law or this TOS.
  3. Prohibited Items. Customers shall keep each Customer Area clean and free of debris and shall not place non-essential or hazardous equipment, store combustible materials, or bring prohibited materials into any IDC. Prohibited materials include food and drink, tobacco, explosives and weapons, hazardous chemicals, intoxicants, magnets or electro-magnetic devices, radioactive materials, and photographic or recording equipment (other than backup equipment used exclusively for the customer’s own equipment).
  4. Customer Equipment and Connections. Each piece of equipment must be clearly labeled with the customer’s name and component identification, and each connection must be labeled with its starting and ending points. Equipment must be configured and run at all times in compliance with the manufacturer’s specifications. Customers must give at least 48 hours’ prior notice before connecting or disconnecting any equipment.