All Clients of Phoenix NAP, LLC (“PNAP”) agree to abide by the following policies. PNAP reserves the right to change and update these policies as it sees necessary.

Introduction

Most Service Providers have specific guidelines pertaining to general use of the Internet. As the Internet expands, it is increasingly common for an Internet Service Provider, such as PNAP, to be blocked from use of another organization's systems due to violations of that system's AUP. Because PNAP runs multi-user systems, client actions can have a severe impact on other clients' ability to use the system(s). This is unfair to all PNAP users. To this end, PNAP has developed these Acceptable Use Policies. They are intended to inform Client of what PNAP considers to be acceptable conduct in relation to the Internet, and of what actions we may take, with or without notice, in the event that PNAP becomes aware of inappropriate use of its service. This AUP will be used to help PNAP’S system administrators deal with complaints from users of PNAP or other Internet-connected systems, and to determine when action should be taken. It is expected that Client will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of PNAP’S technical resources, its ability to continue to provide high quality service to Client, and to protect PNAP’S reputation as a service provider.

Access to Phoenix NAP’s Service is Provided Subject to the Following:

Security

Client is responsible for all use of Client’s account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. PNAP will suspend or change access to Client’s account(s) immediately upon notification by Client that Client’s password has been lost, stolen or otherwise compromised. PNAP is not liable for any usage and or charges prior to PNAP making the necessary account alteration. Electronic mail on this system is as private as PNAP can make it. Client is reminded that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

Non-Transferability of Account

The right to use PNAP’S services is not transferable. Use of PNAP’S accounts is expressly limited to the Client whose name appears on the contract

Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by PNAP and may result in termination of any and all accounts held by the individual, corporation, or Web site associated with these violations.
Client will also be held responsible for the actions of Client’s business relationships (Referrers, Associates, etc.) that impact PNAP. Client’s cooperation is necessary to ensure that those involved in these relationships comply with PNAP’S AUP and those of PNAP’S providers. If they violate any of the following policies, PNAP expects Client to make certain that they immediately cease the non-compliant action or that Client discontinues Client’s association with them. Continuing violations by Client’s business relationships may result in PNAP at its discretion having to terminate PNAP’S agreement with Client.

1. Spamming or Harassment

   1. 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).
   2. Sending unsolicited mass E-mailings (i.e., to more than 25 users) that provoke complaints from the recipients.
   3. Engaging in either (A.) or (B.) from a provider other than PNAP to draw attention to a Web site housed within PNAP’S networks or covered by PNAP’S agreement with Client.
   4. Engaging in abuse or harassment of other individuals on the Internet after being asked to stop by those individuals and/or by PNAP.
   5. Mail bombing, i.e., sending large volumes of unsolicited E-mail to individuals or to individual business accounts.
   6. 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.)
   
   
2. Network Unfriendly or Illegal Activity
   
   
   1. Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
   2. Attempts to interfere with the regular workings of PNAP’S systems or network connections or which adversely affect the ability of other people or systems to use PNAP’S services or the Internet.
   3. Any unauthorized attempts by a client to gain access to any account not belonging to that client on any of PNAP’S systems.
   4. Any activity, which violates any local, state, U.S., or international law or regulation.
   5. Repeated submissions of transactions to PNAP utilizing the same or similar IPs with varying identification information.


3. Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

4. Violation of Phoenix NAP Policy

   1. Any attempt to bypass or remove PNAP’S name, logo, or customer support link from any page from PNAP’S servers.
   2. 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.
   3. 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.
   4. Reproduction, storage, or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. PNAP 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.
   
   
5. 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.

6. Monitoring/Privacy

PNAP reserves the right without Client’s permission to monitor any and all communications through or with its facilities as well as all Clients’ sites for compliance with this AUP and PNAP’S Terms and Conditions. Client agrees that PNAP is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for PNAP’S employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.

7. Cooperation with Authorities

PNAP reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.

8. Confidentiality of Personal Subscriber Information

PNAP will not release any client or customer personal information, to any third party except upon presentation of a valid court order or other request to which PNAP is legally required to respond. Client agrees that PNAP’S judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.

9. Phoenix NAP’S Right to Modify These Acceptable Use Policies

PNAP may modify these Acceptable Use Policies on its Web site http://www.phoenixnap.com/docs/html/aup.html in any way, at any time. It is Client’s responsibility to review the AUP on the Web site on a regular basis to ensure compliance with the latest version of this AUP. Client’s use of PNAP’S services after such changes have been posted shall constitute Client’s acceptance of the modifications to these policies.

Any complaints about a client's violation of the AUP should be sent to abuse@phoenixnap.com.