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phoenixNAP Legal Documents
 * Main Site

 * Privacy Center
 * Do not sell or share my personal information
 * Contact Us

 * Master Services Agreement
    * Hardware as a Service Addendum
    * Colo Services Addendum
    * Cloud and Enterprise Services Addendum
    * Managed Services Addendum
    * Security Services Addendum
    * Bare Metal Addendum
    * Contracting Party Addendum
    * PCI DSS Addendum

 * Privacy Shield-Compliant Privacy Policy
 * Service Level Agreements
 * Acceptable Use Policy
 * DMCA
 * 


ACCEPTABLE USE POLICY

All Clients of Phoenix NAP, LLC (PNAP) agree to abide by the following
acceptable use policies. PNAP may change these policies at any time and updates
will be posted at https://phoenixnap.com/cs/legal. Client is responsible for
reviewing the AUP frequently to ensure compliance with the latest version of
this AUP. Client’s continued use after changes are posted constitute Client’s
acceptance of the modifications posted. Complaints about any Client’s violation
of these AUPs should be sent to abuse@phoenixnap.com.


INTRODUCTION

These Acceptable Use Policies demonstrate what PNAP considers to be acceptable
conduct when using its service and actions that PNAP may take, with or without
notice, when the service is misused. These AUPs are drawn from applicable law
and generally accepted Internet conduct standards and are used to ensure the
protection of PNAP’s technical resources, ability to continue providing high
quality service to Clients, and its reputation. Clients are expected to conform
to the following AUPs:

 1.  Security
     A. Client’s use of the service is at Client’s own risk.
     B. Client takes full responsibility for files and data transferred and to
        maintain all appropriate backup of files and data stored on PNAP’s
        infrastructure.
     C. Client is responsible for all use of its own account(s) and keeping all
        passwords safe and confidential, and setting file protections correctly.
     D. If a password is lost, stolen, or otherwise compromised, PNAP will
        suspend access or change Client account access immediately following
        notification by Client.
     E. PNAP is not responsible for any usage or charges prior to the
        notification and account alteration.
     F. PNAP makes email as safe as it possibly can, but no computer network can
        ever be considered completely safe from intrusion. Knowing this and that
        all email may pass through many computer networks it should not be
        considered a secure communication unless encrypted, and even then it is
        only as secure as the encryption method used.
 2.  Non-Transferability of Account
     
     The right to use PNAP’s accounts is expressly limited to the Client whose
     name appears on the SOF and is not transferrable.

 3.  Unacceptable Conduct
     
     The following types of conduct by Client are grounds for immediate
     suspension of service pending investigation by PNAP and may result in
     termination without refund for any and all accounts held by the Client
     (individual, corporation, or Website) found to be in violation. Client’s
     business relationships (referrers, associates, etc.) impacting PNAP are
     also Client’s responsibility, and client will make sure that they
     immediately cease non-compliant actions or Client discontinues its
     association with them. Continuing violations by Client's business
     relationships may result in PNAP, at its discretion, having to terminate
     the Client relationship without refund.
     
     The following behaviors are unacceptable conduct:
     
     A. Spamming or Harassment: Posting a single article or substantially
        similar articles to an excessive number of newsgroups (i.e., more than
        20) or continued posting of articles which are off-topic according to
        the newsgroup charter, or which provoke complaints from the regular
        readers of the newsgroup for being inappropriate). Sending unsolicited
        mass E-mailings (i.e., to more than 25 users) that provoke complaints
        from the recipients.
     B. Engaging in either (A.) from a provider other than Phoenix NAP to draw
        attention to a Web site housed within Phoenix NAP’S networks or covered
        by Phoenix NAP’S agreement with Client.
     C. Engaging in abuse or harassment of other individuals on the Internet
        after being asked to stop by those individuals and/or by Phoenix NAP.
     D. Email bombing, i.e., sending large volumes of unsolicited E-mail to
        individuals or to individual business accounts. Likewise, the sending of
        UBE (unsolicited bulk email) from another service provider advertising a
        web site, email address or utilizing any resource hosted on Phoenix
        NAP's servers, is prohibited.
     E. Impersonating another user or otherwise falsifying one's user name in
        E-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other
        Internet service. (This does not preclude the use of nicknames in IRC or
        the use of anonymous retailer services.)
     F. Intellectual property right infringement: Using any means to transmit,
        publish, submit, copy, reproduce, steal, infringe on or distribute any
        information, software or other material that is protected by copyright,
        trademark, patent, trade secret, or other proprietary or intellectual
        property rights of any third party, including, but not limited to, the
        unauthorized use and/or copying of copyrighted material, the
        digitization and distribution of photographs from magazines, books, or
        other copyrighted sources, and the unauthorized transmittal of
        copyrighted software, unless you own or control the rights thereto or
        have received all necessary consents to do the same.
 4.  Network Unfriendly or Illegal Activity
     a. Attempts, whether successful or not, to gain access to any other system
        or users' private data without express consent of the user.
     b. Attempts to interfere with the regular workings of Phoenix NAP’S systems
        or network connections or which adversely affect the ability of other
        people or systems to use Phoenix NAP’S services or the Internet.
     c. Any unauthorized attempts by a Client to gain access to any account not
        belonging to that Client on any of Phoenix NAP’S systems.
     d. Any activity, which violates any local, state, U.S., or international
        law or regulation.
     e. Repeated submissions of transactions to Phoenix NAP utilizing the same
        or similar IPs with varying identification information.
 5.  Export Control Violations
     
     Exporting encryption software, over the Internet or otherwise, to locations
     outside of the U.S. is prohibited.

 6.  Violation of PNAP Policy
     a. Any attempt to bypass or remove Phoenix NAP’S name, logo, or customer
        support link from any page from Phoenix NAP’S servers.
     b. The posting or display of any image or wording related to any Web site
        running, participating, or advertising acts allowing the subscriber to
        bet or gamble on an uncertain outcome, or to play a game of chance for
        stakes.
     c. Any attempt to display, sell, or transfer materials that violate or
        infringe any copyright, trademark, right of publicity, patent,
        statutory, common law or proprietary rights of others, or contain
        anything obscene, libelous, or threatening.
     d. Reproduction, storage, advertising, or transmission of any software,
        program, product, or service in violation of any local, state, U.S., or
        international law or regulation is prohibited. Phoenix NAP makes every
        attempt in such cases to work with both U.S. and foreign law enforcement
        agencies to provide information about the providers and purchasers of
        such material. This includes the posting or display of any image or
        wording instructing users how to make or perform devices or situations
        that may violate any state, federal, or international law.
     e. Operating an account on behalf of, or in connection with, or reselling
        any service to, persons or firms listed in the Spamhaus Register of
        Known Spam Operations (ROKSO) database, located at
        www.spamhaus.org/rokso.
 7.  Compliance with Rules of Other Networks
     
     Any access to other networks connected to PNAP’s Internet service must
     comply with the rules for that network as well as with PNAP’s rules.

 8.  Monitoring/Privacy
     
     PNAP reserves the right to monitor any and all communications through or
     with its facilities, as well as all Client’s sites, for compliance with
     this AUP and PNAP’s Terms and Conditions. PNAP is not a secure
     communication medium for purposes of the Electronic Communications Privacy
     Act, and no expectation of privacy is afforded. PNAP employees may be
     required to examine system accounting logs and other records to determine
     if privacy violations or other network unfriendly activities have occurred.

 9.  Cooperation with Authorities
     
     PNAP cooperates with law enforcement and other authorities investigating
     claims of illegal activity, including without limit illegal transfer or
     availability of copyrighted material, trademarks, child pornography,
     postings, or email containing threats of violence, or other illegal
     activity.

 10. Confidentiality of Personal Subscriber Information
     
     PNAP will not release any Client or customer PII to any third party except
     upon presentation of a valid court order or other request PNAP is legally
     required to respond to. Client agrees that PNAP’s judgement of the validity
     of any court order, subpoena, or request shall be considered proper and
     final.


v.2; 01152016

Privacy Center

Do not sell my personal information