Acceptable Use Policy

INTRODUCTION

Packet Host, Inc. (“Packet”) has adopted this Acceptable Use Policy (the "Policy") to define the scope of prohibited activities relating to the use of Packet's services (the "Services") by customers of Packet (“Customers”) and by users that have gained access to the Services through Customer accounts or who have been granted access to Customer Services via their own accounts (“Users”).

ARTICLE 1 - INTRODUCTION

1.1 Introduction

By using the Services, you acknowledge that you and your Users are responsible for compliance with the Policy. Accordingly, you are responsible for violations of the Policy by any User that accesses the Services through your account. Although Packet does not intend to control or monitor any User’s online experience or the content of their online communications, Packet reserves the right to edit or remove content that violates (or may violate) the Policy or that otherwise appears to be unlawful, harmful or offensive. The Policy applies to all aspects of the Services. For purposes of the Policy, Packet includes Packet and all of its affiliates (including direct and indirect subsidiaries and parents). "Packet Network" includes, without limitation, Packet's constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. As used in this Policy, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. This Policy is designed to assist in protecting the Packet Network, the Service, Users and the Internet community as a whole from improper and/or illegal activity over the Internet, to improve Services and to improve Services offerings. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the Packet Network must also conform to the applicable acceptable use policies of such other ISPs.

ARTICLE 2 - PROHIBITED USES

2.1 Illegal Activity

Packet’s Services shall at all times be used in compliance with all applicable laws. Accordingly, Packet strictly prohibits the use of Services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.

2.2 Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Packet Network. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A User may not use the Services to monitor any data, information or communications on any network or system without appropriate authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.

2.3 Unsolicited Commercial Email/Spamming/Mailbombing

Packet’s Services may not be used to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. In addition, Packet prohibits the use of the Services for any "spamming" or "mailbombing" activities. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the Packet Network, is similarly prohibited. Likewise, a User may not use the Services to collect responses from mass unsolicited e-mail messages. Packet may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.

2.4 Spoofing/Fraud

Packet prohibits Users from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection with use of the Service is also prohibited.

2.5 Miscellaneous Prohibited Activities

Packet also prohibits Customers and Users from using the Packet network for any of the following activities:

2.5.1  Intentionally transmitting files containing a computer virus or corrupted data;

2.5.2  Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of Packet's services;

2.5.3  Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to deliver unsolicited commercial email;

2.5.4  Any activity that disrupts, degrades, harms or threatens to harm the Packet Network or the Service;

2.5.5  Any use of another party’s electronic mail server to relay email without express permission from such other party;

2.5.6  Any other inappropriate activity or abuse of the Services (as determined by Packet in its sole discretion), whether or not specifically listed in this Policy.

2.6 Non-Exhaustive

The prohibited activities set forth above are not an exhaustive list and Packet reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this Policy or otherwise may be harmful to Packet’s Network, its Customers, or Internet users.

ARTICLE 3 - PACKET'S RIGHTS

3.1 Suspension or Termination of Services

Packet reserves the right to suspend and/or terminate a Customer’s Services or a User's access to the Services in the event that a User engages in conduct which Packet, in its sole discretion, determines is in violation of the Policy or is otherwise illegal or improper. Packet generally will attempt to notify you of any activity which it deems to be in violation of the Policy and will request that you take whatever steps necessary to get the User to cease such activity; however, in cases where the operation of the Packet Network is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, Packet reserves the right to suspend or terminate your Services or the User's access to the Services without notification. In addition, Packet may take any other appropriate action against you or a User for any violation of the Policy. Packet also reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. Packet does not have any liability to any party, including you, for any violation of the Policy.

3.2 Cooperation with Investigations

Packet will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity on the Packet Network. Packet reserves the right to disclose customer information to the extent authorized or required by federal or state law. In those instances involving child pornography, Packet complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

3.3 Filters and Service Information

Packet reserves the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Services. By accepting and using the Services, you consent to allowing us to collect bandwidth statistics, traffic headers and payloads, and routing information in the normal course of our business, and to use such information for general business purposes, including billing, monitoring, network security, and customer service.

3.4 Modifications to Policy

Packet reserves the right to modify this Policy at any time with or without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications shall be effective and applied prospectively from the date of posting.  

ARTICLE 4 - CUSTOMER RESPONSIBILITIES

4.1 Notice of Network Security Issues

Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You agree immediately to notify Packet of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us. In addition, all Users of the Packet Network are responsible for notifying Packet immediately if they become aware of any other event that may negatively affect the Packet Network, including but not limited to, any threatened “denial of service” attack, unauthorized access, or other security events.  Customers are financially responsible for all traffic to and from their Packet servers, at previously agreed upon rates, including in cases of Denial of Service (DoS) and unauthorized access.

4.2 Configuration

All Users of the Packet Network are responsible for configuring their own systems to provide the maximum possible accountability. Packet shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Packet. For example, Users should configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users of the Packet Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User's site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.

4.3 Complaints

In most cases, we will notify our Customer(s) of complaints we receive regarding an alleged violation of this Policy. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.

ARTICLE 5 - PRIVACY

5. Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

ARTICLE 6 - ADDITIONAL Ts & Cs

6. Additional Terms and Conditions

The use of the Packet Network by a Customer of Packet is subject to the terms and conditions of any agreements entered into by such Customer and Packet. This Policy is incorporated into such agreements by reference.

ARTICLE 7 - COMPLAINTS & CONTACT

7. Complaints and Contact Information

Any complaints, questions, or comments regarding this Policy, prohibited use or other abuse of the Packet Network, should be sent to [email protected]. Please include all applicable information that will assist Packet in investigating the complaint, including all applicable headers of forwarded messages. Sites experiencing live attacks from Packet Customers should call 212-933-9785 to submit a complaint as quickly as possible. Please state the urgency of the situation should you need immediate attention.