This Acceptable User Policy (“AUP”) governs the usage of Services. This Policy is incorporated by reference into each contract EnterpriseCloudHosting.com enters into with customers for the provision of Services. In addition, this AUP is incorporated by reference into the Master.
This AUP is to help and protect the customers of EnterpriseCloudHosting.com and customers’ use of Services constitute acceptance of this AUP. The purpose of this AUP is to inform the Customer ofthe acceptable uses of the Services. The use of Services must be consistent with applicable laws and must not conflict with the right of EnterpriseCloudHosting.com’s other customers. The Customer agrees to comply with this AUP. EnterpriseCloudHosting.com has the right to change or modify the terms of the AUP at any time, with intimation to the Customer. Customer’s use of the Services after changes to the AUP shall constitute acceptance of any changed or additional terms.
All Services provided by EnterpriseCloudHosting.com shall be used by the Customer for lawful purposes only and as per applicable laws (including but not limited to privacy laws). Transmission,usage, storage, or presentation of any information, data or material in violation of theapplicable laws including the ‘prohibited contents’ are strictly prohibited. This includes, but is not limited to copyrighted material, trade secret, material in EnterpriseCloudHosting.com’s opinion isobscene, not in public interest, opposed to public policy or is an invasion of privacy of any person or entity.
The following list provides a number of general prohibited uses of the Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses. The prohibited uses include but are not limited to:
Illegal Material: Includes illegally exploited copyrighted works, commercial audio,video or music files, and any material that violates any applicable law or regulation of any country, and any material that is perceived to be misleading in any manner.
Unlawful Activities: The Services shall not be used in violation of applicable laws. This includes, but is not limited to:
EnterpriseCloudHosting.com will be the sole arbiter in determining violations of this provision.Also prohibited are sites that promote any illegal activity or present content that may bedamaging to EnterpriseCloudHosting.com servers or any other server on the internet. Links to such materialsare also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites.
Threatening Material or Content: The Services shall not be used to host, post,transmit or retransmit any content or material that harasses others or threatens the health or safety of others. In addition, EnterpriseCloudHosting.com reserves the right to decline to provide Services if the content of then Customer is determined by EnterpriseCloudHosting.com to be obscene, indecent,hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Violation of Intellectual Property Rights: The Services shall not be used to publish,submit/receive,upload/download, post, use, copy or otherwise reproduce, transmit,retransmit, distribute or store any content/material or to engage in any activity that infringes or otherwise violates the intellectual property rights or privacy or publicity rights of EnterpriseCloudHosting.com, any Member or third party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret or other intellectual property right now known or later recognized under applicable law.
Distribution of Malware and Phishing: The distribution, fabrication, or use of malware, including virus software, root kits, password crackers, adware, key strokecapture programs and other programs normally used in malicious activity is prohibited.
Any activity designed to collect personal information (name, account numbers,usernames, passwords, etc.) under false pretense is prohibited.
Spamming, or the sending of unsolicited email, from a EnterpriseCloudHosting.com hosting server or using an email address or domain that is maintained on a EnterpriseCloudHosting.com machine as reference is STRICTLY prohibited. Misuse of System Resources: Any attempt to undermine or cause harm to a server, or Customer, of EnterpriseCloudHosting.com is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services.
The Customer agrees and undertakes that
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