This acceptable use policy (the “Policy”) defines acceptable practices for the use of DATA FIRST Data Centers services (the “Service”). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (“Users”) are responsible for compliance with the Policy. You are responsible for violations of this Policy by any User that accesses the Services through your account. While it is not our intent to control or monitor online experience or the content of online communications, we may edit or remove content that we deem to be in violation of the Policy or that we otherwise deem unlawful, harmful or offensive. The Policy applies to all aspects of the Service. “DATA FIRST Data Centers” means DATA FIRST Data Centers, and all of its affiliates (including direct and indirect subsidiaries and parents). “DATA FIRST Data Centers Network” includes, without limitation, DATA FIRST Data Centers’ constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network.
This Policy is designed to assist in protecting the DATA FIRST Data Centers Network, the Service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the DATA FIRST Data Centers Network must also conform to the applicable acceptable use policies of such other ISPs.
RIGHTS OF DATA FIRST DATA CENTERS:-
Suspension or Termination of Service If Users engage in conduct while using the Service that violates the Policy, or is otherwise illegal or improper, DATA FIRST Data Centers reserves the right to suspend and/or terminate the Service or the User’s access to the Service.
DATA FIRST Data Centers will generally attempt to notify you of any activity in violation of the Policy and request that the User cease such activity; however, in cases where the operation of the DATA FIRST Data Centers Network is threatened or cases involving unsolicited commercial email/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend or terminate your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action against a User for violations of the Policy.
We do not make any promise, nor do we have any obligation, to monitor or police activity occurring using the Service and will have no liability to any party, including you, for any violation of the Policy. Cooperation with Investigations DATA FIRST Data Centers will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.
DATA FIRST Data Centers reserves the right to disclose customer information to the extent authorized by federal or state law. In those instances, involving child pornography, DATA FIRST Data Centers 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.
Modifications to Policy DATA FIRST Data Centers reserves the right to modify this Policy at any time without notice. We will attempt to notify our customer of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site.
We reserve 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 Service.
PROHIBITED USES / ACTIONS:-
Illegal Activity The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service for 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) is prohibited. This 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; inappropriate and/or offensive communications or interactions with DATA FIRST Data Centers staff.
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 DATA FIRST Data Centers Network. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
UNSOLICITED COMMERCIAL EMAIL / SPAMMING / MAIL BOMBING:-
A User may not use the Service to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient is prohibited. In addition, “spamming” or “mail bombing” is prohibited. Use of the service of another provider to send unsolicited commercial email, spam or mail bombs, to promote a site hosted on or connected to the DATA FIRST Data Centers Network, is similarly prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited e-mail messages.
SPOOFING / FRAUD:-
Users are prohibited 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 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 prohibited.
All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited) is prohibited. Disrupting newsgroups with materials, postings or activities that are (as determined by DATA FIRST Data Centers in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ or charter.