Cloud Acceptable Use Policy


Effective as of September 1, 2013.



This Acceptable Use Policy (“AUP”) is incorporated in and forms an integral part of Link’s Cloud Services Terms of Service (“TOS”).  All capitalized terms used in this AUP shall have the meaning set forth in the TOS unless otherwise expressly provided.

 

Introduction

This sets forth the principles, guidelines and requirements of LinkBermuda Ltd. and its affiliates (collectively, “LinkBermuda” We”, “Our” or “Us”) governing the access and use by customers (collectively, “You”, “Your”, or “Customer”) of LinkBermuda Cloud Services.  The purpose of this AUP is to comply with all applicable laws as well as protect the network security, network availability, physical security, Customer privacy and other factors affecting Our services.  We reserve the right to impose reasonable rules and regulations regarding the use of Our services provided to all Customers.  The rules and regulations comprising the current AUP are located on the Internet at http://www.LinkBermuda.com/cloudAUP.aspx.  This AUP is not an all-inclusive list or exhaustive list and We reserve the right to modify the AUP at any time as needed, effective upon Our posting of the modified AUP.

By accessing or using the services, You agree to the terms of this AUP.  Violation of this AUP is strictly prohibited and may result in the immediate termination or suspension of the LinkBermuda Cloud Services You receive from Us.

Any questions or comments regarding the AUP should be directed to CloudLegal@LinkBermuda.com.  All breaches or security or other violations of Our AUP should be immediately reported by telephone to LinkBermuda: +1(441) 497-7000.

 

Compliance with Law

You may only use LinkBermuda Cloud Services for lawful purposes, and You shall bear responsibility for ensuring that Your use complies with all applicable laws and regulations.  You shall not post, transmit, re-transmit or store any material on or through any LinkBermuda Cloud Service which in Our sole judgment (1) is in violation of any applicable law or regulation, (2) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively “Persons”), or (3) violates the rights of any Person, including (a) rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by You; and (b) rights to privacy or the export of personal data.  You shall not, through action or inaction, allow others to use the hosted environment for illegal or inappropriate activities.

You acknowledge and accept responsibility and liability for materials posted by You and Your employees and users.  We have no obligation to monitor, review, or edit Your materials and do not endorse or guarantee the accuracy or completeness of the information contained in Your materials.  We reserve the right to refuse access or edit or remove Your materials that violate this AUP.

You are responsible for ensuring that Your application is configured in a secure manner.  You must use reasonable care in keeping software You run on Our servers up-to-date and patched with the latest security updates.  Failure to use reasonable care to protect Your account may result in a security compromise by outside sources.  A compromised server creating network interference will result in immediate Customer notification and You will be disconnected from the network immediately so as to not directly affect Our other customers.  No service credits will be issued to You for outages resulting from disconnection due to breached server security.  You are solely responsible for any breaches of security under Your control affecting servers.  If You intentionally create a security breach, the cost to resolve any damage to Your server or other servers will be charged directly to You.

Violations of system or network security are strictly prohibited and may result in criminal and civil liability.  We reserve the right to investigate all incidents involving violations and will cooperate with law enforcement if criminal violation is suspected.  We will determine, in Our sole judgment, what actions will be taken in response to a violation of this AUP.

Examples of system or network security violations include, without limitation, the following:

  1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
  2. Effecting security breaches or disruptions of Internet communication and/or connectivity.  Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access.  For purposes of this example, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
  3. Executing any form of network activity that will intercept data not intended for Your server.
  4. Circumventing user authentication or security of any host, network or account.
  5. Interfering with or denying service to any user other than Your host (example: denial of service attack or distributed denial of service attack).
  6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
  7. Failing to comply with Our procedures relating to the activities of customers on Our premises.  Violators of the procedures are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network.  Network interference by You that may cause or is currently causing network interference with another customer will be disconnected immediately.  No service credits or refunds will be issued to a Customer disconnected for network violations.
  8. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.  This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  9. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through Our servers is prohibited.  In addition, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Our servers is prohibited. Our accounts or Services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this AUP or that of the other provider.
  10. Running Unconfirmed Mailing Lists.  Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited.  All mailing lists run by LinkBermuda  customers must be Closed-loop (“Confirmed Opt-in”).  The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.  Purchasing lists of email addresses from 3rd parties for mailing to from any LinkBermuda-hosted domain, or referencing any LinkBermuda account, is prohibited.
  11. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  12. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  13. Unauthorized attempts by You to gain access to any account or computer resource not belonging to You user (e.g., “cracking”).
  14. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  15. Accessing or attempting to access your account or other LinkBermuda services after Your account with Us has been cancelled or terminated.
  16. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any LinkBermuda customer or end-user by any means or device, including the use of ‘sudo’ or other privileged operating system commands.
  17. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the LinkBermuda network or on another provider’s network.
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