OVERVIEW
By accessing or using the Service, Client consents to the terms of this AUP. Assured may modify this AUP from time to time upon notice to Client.
SUSPENSION, TERMINATION
If Assured determines that Client has violated this AUP, Assured may terminate or suspend its provision of the Service through the Hosting Services to Client. Assured will suspend Hosting Services for violation of the AUP on the most limited basis that Assured determines is reasonably practical under the circumstances to address the underlying violation. Assured will attempt to notify Client prior to suspending the Hosting Services for violation of the AUP (which may be via email or any other notification); provided, however, Assured may suspend Hosting Services without notice if Assured becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that may expose Assured or Hosting Service Provider to criminal or civil liability or that may expose the Hosting Environment or any third party property to harm. Assured shall not be liable for any damages of any nature suffered by any Client resulting in whole or in part from Assured’s lawful exercise of its rights under this AUP.
PROHIBITED CONDUCT
General
The Hosting Services must be used in a manner that is consistent with the intended purpose of the Hosting Services and shall only be used for lawful purposes. Client shall not use the Hosting Services to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Hosting Services, Service or other Assured customers; or (c) that may expose Assured to criminal or civil liability.
Inappropriate Content
Client shall not use the Hosting Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Assured, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. Notwithstanding the foregoing or anything else to the contrary, no pornographic content of any kind shall be stored (either permanently or temporarily), processed by or transmitted through the Hosting Services.
Intellectual Property
Client shall not use the Hosting Services in any manner that would infringe, dilute, misappropriate, breach or otherwise violate any third-party intellectual property rights or any applicable laws. Client is responsible for ensuring that all applications, software, programs, and content which are submitted to or utilized with the Hosting Services are properly licensed from the applicable third parties. Client shall indemnify Assured in accordance with the Agreement for any claims by third parties brought against Assured based on an allegation that Client failed to comply with the obligations set out in this paragraph.
Harmful Content
Client shall not use the Hosting Services to transmit, distribute or store material that may be harmful to or interfere with the Service or any third party’s networks, systems, services, or web sites, such as, but not limited to, viruses, worms, and Trojan horses.
Fraudulent/Misleading Content
Client shall not use the Hosting Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations or which do not comply with any applicable advertising laws, rules or regulations.
Collecting Information
Client shall not use the Hosting Services to store or collect, or attempt to store or collect, personal data without their prior knowledge and consent or in violation of any applicable law.
Email and Unsolicited Messages
Client shall not use the Hosting Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”). Further, Client shall not use the service of another provider to send spam to promote a website hosted on or connected to the Service or to send e-mail messages which are excessive and/or intended to harass others.
Other Improper Actions
Client shall not use the Hosting Services Service to conduct activities that may be harmful to or interfere with the Service or any third party’s networks, systems, services or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Client shall not violate or attempt to violate the security of the Hosting Services Service or the computers, accounts, or networks of another party. Client shall not engage in any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Assured may investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Client involved in such activity.
Responsibility for Content
Assured takes no responsibility for any content created or accessible on or through the Service. Assured shall not monitor such content nor exercise any editorial control over such content. If Assured becomes aware that any such content may violate this AUP and/or expose Assured to civil or criminal liability, Assured reserves the right to block access to such material and suspend or terminate its provision of the Service to Client. Assured further reserves the right to cooperate with legal authorities and third parties in any investigation of alleged wrongdoing.