Acceptable Use Policy

As a provider of hosting related services, CloudNX offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. CloudNX respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, CloudNX reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, CloudNX has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using CloudNX’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that CloudNX cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because CloudNX cannot monitor or censor the Internet, and will not attempt to do so, CloudNX cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that CloudNX does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over CloudNX’ network and may reach a large number of people, including both subscribers and non-subscribers of CloudNX, subscribers’ postings to the Internet may affect other subscribers and may affect CloudNX’ goodwill, business, reputation or operations. For these reasons, subscribers violate CloudNX policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward CloudNX, but also because it can overload CloudNX’ network and disrupt service to CloudNX’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CloudNX will investigate and shutdown the account that is SPAMing. Furthermore CloudNX reserves the right to prosecute for this violation.

IRC/Bittorrent/P2P

IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with CloudNX' services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client's IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then CloudNX may null-route, filter, suspend, or terminate that client's service. CloudNX allows the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

Adult-Oriented Content:

CloudNX does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials

Using CloudNX’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. CloudNX is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Usenet Groups:

CloudNX reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that CloudNX determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.