Acceptable Use Policy (AUP)

 

Effective Date:

 

Introduction

 

USi hosts, implements, integrates, manages, and supports third-party software applications at USi data centers. We offer these web-based services to clients who, in turn, may make them available to their own customers or employees (collectively, "Users"). This Acceptable Use Policy (the "AUP") governs the use of USi services and networks, including data within those networks (collectively, the "USi Network"). USi retains the right to modify this AUP at any time, upon posting the modified AUP to http://www.usi.com/acceptable-use-policy.aspx. Each User is responsible for compliance with the AUP.

 

Network Security

 

No User will breach or try to breach the security of the USi Network. Violation of the policy will subject the User to civil damages and criminal penalties. Accordingly, USi will investigate and, where appropriate, cooperate with law enforcement to prosecute all efforts to circumvent USi security. Examples of prohibited practices include, without limitation: accessing data not intended for the User Logging into a server or account for which the User has not expressly been given authorized access; attempting to probe, scan, or test the vulnerability of the USi Network; breaching security or authentication measures without authorization; attempting to interfere with service to any other User, or to any host or network including, without limitation, by means of "overloading," "flooding," "mailbombing," or "crashing;" taking any action in order to obtain services to which the user is not entitled.

 

Illegal Use

 

Use of the USi Network will be for lawful purposes only. For example, no User, directly or indirectly, will use the USi Network to create, transmit, distribute, or store material that:

 

  • Violates a trademark, copyright, trade secret, or other intellectual property right
  • Violates the privacy, publicity, or other personal right of any person
  • Impairs the privacy of communications
  • Contains obscene or pornographic content
  • Could be deemed as threatening, abusive, or hateful
  • Violates export control laws or regulations
  • Encourages conduct constituting a criminal offense or giving rise to civil liability
  • Causes technical disturbances by introducing destructive mechanisms such as viruses or worms
  • Violates reasonable network rules of USi or other service providers
  • Constitutes deceptive online marketing or business practices
  • Assists or permits any persons in engaging in any of the activities described above

 

A User who becomes aware of such activity will immediately notify USi and take all appropriate action to cause such activity to cease.

 

Unsolicited Communications ("Spam")

 

Posting the same or similar unsolicited email messages, bulk commercial advertising, or informal announcements to one or more groups (practices commonly referred to as "Spam") is prohibited, as are each of the following:

 

  • Sending or posting email messages that are excessive or intended to harass or annoy others
  • Continuing to send email messages to a recipient who has indicated a desire not to receive them
  • Sending email with forged TCP/IP packet header information
  • Omitting, deleting, forging, misrepresenting, or disguising transmission information
  • Taking any action intended to cloak or disguise the User's identity or contact information

 

Content

 

Users are responsible for all content that they transmit through, and/or have hosted on, the USi Network. USi exercises no control over, and accepts no responsibility for, the content passing through the USi Network, including content provided on third-party websites linked to the USi Network. Third-party website links are provided as Internet navigation tools for informational purposes only, and are not an endorsement by USi of the contents of such sites. USi does not adopt, nor warrant the accuracy of, the content of any linked website, and undertakes no responsibility to update the content. Use of information obtained via the USi Network is solely and exclusively at the User's risk. USi has no obligation to screen or monitor the use of content by Users.

 

Data Privacy

 

From time to time, Users may transmit information through the USi Network that pertains to an individual, and which is, accordingly, subject to certain foreign, federal, state or local laws that regulate the processing and transmission of personal data. Responsibility for legal compliance with data privacy laws rests with Users.

 

Consequences of AUP Violations

 

USi reserves the right to suspend or terminate access to the USi Network on notice to the User of an AUP violation. If, in USi's opinion, a violation has the potential to result in USi liability of any kind, USi will have the right to suspend or terminate access immediately, with notice to the User after the fact. A User's indirect or attempted violation of this AUP, and actual or attempted violations by a third party at the behest or for the benefit of a User, equate to violations of the AUP. Further, it is a violation of this AUP to use the services of another provider for the purpose of facilitating activity prohibited by this AUP, if use of another provider's service can reasonably be expected to affect the USi Network.

 

Questions, Comments, Complaints

 

USi reserves the right to modify this AUP at any time without prior notice. Users who are uncertain whether a contemplated use is permitted, or who have questions or comments about the AUP, or who have information regarding a prohibited use of the USi Network are encouraged to contact:

USinternetworking, Inc.

Attention: Legal Department
2500 Riva Road

Annapolis, MD 21401-7478