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ACCEPTABLE USE POLICY (“AUP”)

The purpose of this AUP is to inform the Customer of acceptable use of the Services. Customer agrees to comply with the AUP and is responsible for the use of the Services by all entities and individuals whom Customer permits to use the Services. Due to the numerous possibilities in maintaining a network comprised of thousands of services, this AUP is intended to act as a guideline to acceptable use and not be all encompassing.

Nexcess reserves the right, in its sole discretion, to prohibit transmission of materials it determines are not acceptable within the spirit of this policy. This includes but is not limited to content that is unlawful, obscene, threatening, abusive, defamatory, libelous or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state or federal laws.

The Customer is responsible for keeping their billing data with Nexcess.net up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers is grounds for immediate termination and may subject the offender to civil or criminal liability.

Server Content.

Nexcess does not actively monitor content on its servers. Nexcess believes in the free dissemination of information via our services. However, server content may be reviewed upon receipt of a complaint from a third party. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Content deemed to be in violation of this policy will be addressed pursuant to the Resolution Procedures as outline in this AUP. Nexcess reserves the right to review all of Customer’s server content at any time and for any reason that Nexcess determines, in its sole discretion, to be appropriate.

RESOURCE USAGE FOR SHARED SERVICES.

Each Customer using Nexcess’ Shared Services must abide by the limits for resource usage specified in this paragraph. Excessive consumption of these resources can interfere with or completely prevent Nexcess’ ability to offer Shared Services to its other customers.

The following shall be the enforced resource usage limits for Nexcess’ Shared Services: a. 10% CPU Usage; b. 3 GB Memory Usage; c. 50 Running Processes; d. 30 Minute Maximum Execution Time; e. 100,000 Total Files/Inodes; f. 1,000 outgoing email messages per sixty (60) minute period (all excess messages will be discarded and not delivered).

Nexcess expressly reserves the right to review any account utilizing a Shared Service for violations of the use guidelines specified in this paragraph. Nexcess may, in its sole discretion, suspend or terminate access to the Services (with or without notice) or remove and delete server content if Customer’s account is found to be in violation of this paragraph. Shared Services may not be used to resell any of Nexcess’ services.

Network.

The purpose of the Nexcess network is to transmit information packet to and from Customer servers and the Internet. Proper use of the network is to utilize the network in a manner that does not violate any local, state or federal laws or generate harm to the network or interfere with the use of services of other users on the same network. Violation, misuse or interference of the network shall be considered a violation of the AUP and trigger Resolution Procedures as outlined in this AUP.

Server and Application Security.

The primary purpose of the Nexcess’s security services is to assist the Customer in the protection, management, update and overall stability of the Customer’s IT environment hosted on Nexcess infrastructure. Nexcess monitors all aggregate network traffic via netflow/sflow statistics for traffic analysis. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The Customer is ultimately responsible for individual server security. In no event is Nexcess liable for the security of any software, application or script hosted on a server. The Customer must ensure software, applications or scripts are up to date and have no security flaws. Nexcess is not responsible for security flaws or issues with any software, application or script.

Domain Name Service.

Nexcess supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. Nexcess expressly reserves the right to change, at any time and in Nexcess’ sole discretion, both the authoritative name server used for public resolution of domain names and any DNS records for any Customer utilizing Nexcess' domain name services. The DNS services are fully managed and maintained by Nexcess with Customer specific domain name management through the online Customer Portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Nexcess will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP.

Network and Performance.

Any activity that results in interference of service, malicious network activity, increased demand on network security services, or performance issues on shared servers are in direct violations of this AUP. Violation of this policy shall trigger the Methods of Resolution under this AUP.

Disclosure of Customer Information.

Occasionally, Nexcess is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Nexcess will notify Customer of the information request as, and if, allowed by the subpoena or order.

Refusal of Service.

Nexcess retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Nexcess also retains the right to discontinue service without notice for any reason.

The following list represents per se direct violations of this AUP and will be subject to immediate action under the Resolution Procedures outlined in this AUP:

  1. Copyright and Trademark Infringement. Direct copyright infringement under Title 17, Section 512 of the United States Code and trademark infringement are direct violations of this AUP.
  2. Unsolicited E-mail (SPAM). The sending or receiving of mass unsolicited e-mail is a direct violation of this AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
  3. Illegal Use. Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Nexcess’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
  4. Child Pornography. Nexcess.net has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Nexcess’s AUP.
  5. Threats and Harassment. The Nexcess network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Nexcess seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
  6. Fraudulent Activities. Nexcess.net prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Nexcess’s AUP.
  7. Denial of Service. Nexcess.net absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Nexcess’s AUP.
  8. Terrorist Websites. Nexcess’s prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
  9. Distribution of Malware. Nexcess prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Nexcess analyzes the latest root kit for new security analysis/software.
  10. Phishing. Nexcess.net strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

Reporting Violations of the AUP.

Nexcess accepts reports of alleged violations of this AUP via e-mail sent to . Reports of alleged violations must be verified and include the name and contact information of the complaining party, information reasonably sufficient for Nexcess to locate the server in question, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, Nexcess owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Nexcess will review all verified third party reports and will take appropriate actions as described within the Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of Nexcess’s Acceptable Use Policy (“Methods of Resolution”).

Nexcess understands the challenges of businesses that operate on the Internet. The goal of our Methods of Resolution is to prevent service interruptions while resolving violations under this AUP. In general, Nexcess requires action on an abuse complaint within twenty-four hours of a ticket being generated. This time frame may be shortened or lengthened depending on the severity of the complaint. Overall, Nexcess is committed to working with Customers in resolving all potential violations prior to service interruption.

  1. First Alleged Violation of AUP. A ticket will be created in the Customer’s account with information related to the potential violation of the AUP.
  2. Acknowledgement of violation of AUP. The Customer must acknowledge the abuse complaint and advise Nexcess of how Customer will resolve the complaint.
  3. Violation of AUP not properly addressed repeated or continued violation. In the event the Customer does not adequately address the abuse complaint, repeats its violation or disregards the complaint, Nexcess will disconnect services. The Customer will be required to contact Nexcess to resolve the issue.
  4. Failure to address violation or resolve violation. If Customer fails to address the violation and fails to resolve the violation in a timely manner, Nexcess will terminate services.

Last Updated: 08.26.2013