SVcolo provides its customers ("Users") Internet services, including Internet connectivity and transit, colocation management tools and Domain name service (the "Service(s)").
Use of the Services is subject to the SVcolo Acceptable Use Policy (AUP), as described herein. Use of SVcolo networks and the Services constitutes agreement with, and adherence to, this AUP. By using SVcolo Services, you acknowledge that you agree to abide by this Acceptable Use Policy.
These Acceptable Use Policies are designed to assist in protecting our Service, our Users, and the Internet community as a whole from improper or illegal activity. The activities listed in this document are examples of activity prohibited by SVcolo and are not intended to be a definitive list of prohibited activities. SVcolo customers are expected to behave in a fashion consistent with the commonly accepted practices of the Internet community. For the most part, exercising good judgment and common sense while using the Services will constitute acceptable conduct in conformance with these policies.
Any prohibited activity participated in (either directly or indirectly) by a third party on behalf of a User using a Service will be considered a prohibited activity by that User. Each SVcolo customer is responsible for violations of the AUP by any third party using that customer's Service.
2.1 Unsolicited E-mail/SPAM A User may not transmit unsolicited commercial e-mail (UCE or SPAM). Specifically prohibited is the sending of an unsolicited electronic mail which is an e-mail message sent to a recipient with whom the initiator does not have an existing business or personal relationship and which is not sent at the request of or with the express consent of the recipient.
2.1.1 A User may not use the Services to collect responses from mass unsolicited e-mail messages by e-mail or web query, or any other use of Services.
2.2 Open Relay A User may not provide an unrestricted (open) relay service which can be used to violate the SVcolo AUP or the AUP of the destination or source network.
2.2.1 A User may not use the Service to relay e-mail via another party's electronic mail server without express permission from such other party.
2.3 Mailbombing A User may not use the Service to transmit excessively large, or excessive amounts of, e-mail messages repeatedly to any one recipient.
2.4 Spoofing/Identity Fraud A User may not attempt to send e-mail messages or transmit any electronic communications using a name or ID of someone other than the legitimate User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged RFC-822 headers or other identifying information is specifically prohibited. Any attempt to fraudulently conceal or otherwise falsify identity in connection with use of the Service is prohibited.
2.5 Redirection Service A User may not provide a redirection service that allows activities that would violate the AUP to be performed on other networks or services.
2.6 Unauthorized Access/Hacking A User may not attempt to gain unauthorized access to, or attempt to disrupt or compromise any network, or computing facility without prior permission. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not intentionally use the Service for any activity which threatens the integrity of any network or another computer system (such as transmission of worms, viruses and other malicious code);
2.7 USENET/Mailing-List/Chat SPAM A User may not use the Service to post messages substantially similar in content to 10 or more newsgroups, mailing lists, listservs, chat servers or other e-mail groups or lists. All postings to USENET groups and mailing lists must comply with that group's charter and other policies. Users are prohibited from repeated cross posting to unrelated news groups or to news groups where the post does not meet that group's charter.
2.8 Backscatter E-mail A User must prevent his system from sending backscatter e-mail, or mail sent to innocent victims of forgery. Messages for whom the sender cannot be confirmed (ie spam messages) should not be replied to.
Since 2002 a large proportion of malignant email is sent with a forged sender address. If your mail server accepts mail and then later bounces or sends a status or challenge message to the purported sender the message goes to an innocent victim. Since these messages were not solicited by the recipients, they qualify as unsolicited email.
2.9 Other Activities Any other inappropriate activity or abuse of the Service (as determined by SVcolo at our sole discretion) may constitute violation of this AUP, subject to the notification procedures outlined below.
Users agree to use the Services only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates US export control laws, or is obscene, defamatory, or otherwise unlawful.
Activity in violation of this policy or which is otherwise illegal or improper may, at the sole discretion of SVcolo, result in the suspension or termination of Services. In any such an event we will attempt to notify a User of activity in violation of the AUP and request that the User cease such activity.
SVcolo reserves the right to use any appropriate devices to prevent violations of this AUP including devices designed to filter or terminate access to the Services provided by us.
We will notify you, our customer, of complaints received by us regarding each incident of alleged violation of this AUP by any Users of your Services. We may identify to a complainant that we are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve a complaint.
You agree to notify SVcolo as soon as practicable (at support @svcolo.com) of any unauthorized use of your account or any other breach of security known to you.
If a User becomes aware of any violation of the AUP by any person they should notify us as soon as practicable at abuse-support @svcolo.com
If notified by SVcolo of a violation of the AUP by User or by 3rd party using User's services, User must:
SVcolo reserves the right to modify this AUP from time-to-time at our sole discretion. We will notify our customers of any such modifications by posting a revised copy of the Acceptable Use Policy on our Web site at http://support.svcolo.com/aup.html
This Acceptable Use Policy does not limit SVcolo's rights and remedies in Law in any way with respect to any prohibited activity, and SVcolo may take any additional actions it may deem appropriate with respect to such activity.
You agree to indemnify, defend, and hold Silicon Valley Colocation, Inc., its affiliates, directors, employees, agents, and suppliers harmless from and against all claims, actions, liabilities, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement of any intellectual property or other right of any person or entity.
Version 3.2a, 2009
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