THIS ACCCEPTABLE USE POLICY (“AUP”) sets forth certain guidelines and restrictions on the use of products and services (collectively, “Services”) of Viking Host, B.V. (including any parent, subsidiary and/or affiliate) (individually and collectively, “VH”) by customers of VH (“Customers”) and/or such Customers’ end-users (“Users”). By using the Services, Customers agree to comply with this AUP and to be and remain liable for the actions and omissions of Users including, without limitation, the violation of this AUP by Users (whether or not Customer is acting as a reseller of VH Services. By using the Services, Users also agree to comply with this AUP. VH reserves the right to change or modify the terms and conditions of this AUP at any time, which change(s) shall be effective upon all Customers and Users when posted on VH’s web site at: www.vikinghost.com. The earlier of VH’s notice or Customers’/Users’ use of Services after any such change(s) are posted shall constitute acceptance of any such added or modified terms and conditions. The terms and conditions of this AUP shall be incorporated, by reference, into any relevant agreement(s) with VH.
This AUP is intended to foster compliance with laws, rules and regulations governing the Internet and to protect VH, its networks, and its ability to render Services to Customers and Users. This AUP shall govern the contents of any online communication and/or materials created, copied, edited, hosted, posted, uploaded, downloaded, accessed, distributed, published, transmitted, stored, linked or otherwise used by or for Customers and/or Users in connection with the Services (“Content”) for which Customer shall remain solely liable. VH prohibits any use of Services which is unlawful, infringes intellectual property rights, or is detrimental to VH or its (or its service providers’) networks, or otherwise interferes with VH’s ability to render Services and/or Customers’ use of such Services. Where VH’s Services are rendered through third party service providers, Customers and Users must also comply with any applicable acceptable use policies of such service providers. Failure to adhere to the specific terms and conditions of this AUP shall be deemed a material breach of this AUP and any other agreements with VH to which Customer and/or User is/are a party. While VH may edit or remove any Content for any reason, including that which VH, in its sole discretion determines to be in violation of this AUP, VH shall have no affirmative obligation to police or otherwise review or monitor such Content. No refund, offset or other credit will be available pursuant to the VH Service Level Agreement for interruptions of Services resulting from any violation of this AUP.
Services shall not be used to:
a. Intentionally or unintentionally violate (criminally, civilly or administratively) any applicable local, state, national, federal, provincial or international law, rule, regulation, ordinance, treaty or court order (“Laws”) including use of the Services for creation, storage, copying, transmission, publication, linking or other use of Content or other materials which violates applicable Laws or that constitutes an illegal threat, violates export control laws, CAN-SPAM Act of 2003 (or any other law regulating email services) or is obscene or defamatory or otherwise promotes any of the foregoing;
b. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials or undertake any action or omission that infringes, misappropriates or otherwise violates any patent, trademark, service mark, trade secret, copyright or other proprietary or intellectual property rights, privacy rights, publicity rights or moral rights of any person or entity, or contributing to inducing or facilitating such infringement, misappropriation or violation;
c. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials that Customer/User does not have a right to transmit under any Laws or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials that constitute child pornography. VH will report violations of this provision to the National Center for Missing and Exploited Children and take steps to remove child pornography and/or block access to same from its servers and fully cooperate with relevant authorities in relation thereto;
e. Upload, post, e-mail, otherwise transmit or post links to any Content or other materials that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age nor;
f. Harm minors in any other way including by making any sexual request on behalf of a minor or make any sexual request of a minor;
g. “Stalk” or otherwise harass another;
h. Impersonate any person or entity, including, but not limited to, a VH official or employee, or falsely state or otherwise misrepresent affiliation with a person or entity or otherwise attempt to gain unauthorized access to or interfere with the security, functionality and normal operation of the network of VH (or its service providers), in whole or in part nor interfere with the ability of others to access or use the Services;
i. Employ misleading source IP, e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the network of VH (and/or its service providers) or otherwise introduce false routing, DNS or other data or information to the Internet;
j. Directly or indirectly engage in, use, or otherwise promote or facilitate torrent sites, usenet abuse, hacking, password trading, unsolicited or unauthorized advertising, marketing or solicitation (including, without limitation junk mail, mail bombing, spam, pyramid schemes, etc.);
k. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials that contain software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of VH’s (and/or its service providers’) network(s) or otherwise engage in or facilitate hacking;
l. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials, or select any member or user name or e-mail address or domain name, that is (as determined in the sole and exclusive discretion of VH to be) unlawful, harmful, threatening, abusive, harassing, tortious, treasonous, defamatory, libelous, vulgar, obscene, fraudulent, indecent, invasive of privacy or publicity rights, hateful, malicious, or racially, sexually, ethnically or otherwise objectionable including that which threatens the health or safety of others;
m. Collect or store personally identifying information about other Users for commercial or unlawful purposes or attempt to gain unauthorized access to accounts/passwords of Customers and/or Users and/or monitor, scan or probe any communications, data or other information on any network of VH (or its service providers) without proper authorization;
n. Circumvent limitations or restrictions placed on any account or any hardware, software or processes used to measure bandwidth usage, time or other data whatsoever, including that which VH uses to document use of VH Services;
o. Take any action designed to interrupt, disrupt, degrade, destroy, harm, limit or impair the functionality and/or security of Services and/or VH’s (and/or its service providers’) network(s) or to threaten any of the foregoing;
p. Take any action or omission which would hold VH up to public scorn or ridicule or would in any way damage or impair VH’s reputation or goodwill; or
q. Create, copy, edit, host, post, upload, download, access, distribute, publish, transmit, store, link or otherwise use Content or other materials, or act in any manner that is or threatens to be in violation of these conditions of acceptable use; orAs determined by VH, in its sole and absolute discretion, any other inappropriate activity or abuse of Services and/or the network of VH (and/or its service providers), whether or not specifically set forth above, may result in suspension or termination of the Customer’s access to or use of the Services. VH reserves the right to determine that any action or omission that is or could be harmful to the network of VH (and/or its service providers), VH’s other Customers or Users, or generally is in violation of this AUP and to exercise any or all of the remedies contained herein.
RESPONSIBILITY OF CUSTOMERS
Customers are liable and responsible for the acts and omissions of itself and its Users including or relating to creation, copying, editing, hosting, posting, uploading, downloading, accessing, distribution, publication, transmission, storage, linking or otherwise using Content or other materials and/or the Services. Customers are further liable and responsible for taking immediate corrective measures to remedy any violation(s) of this AUP and to prevent similar violations of the AUP (whether or not by Customer or the same or another of the Users) in the future. Customers are liable and responsible for maintaining the confidentiality of account and password information as well as the security and operation of its networks. In furtherance of the foregoing, Customer agrees to immediately notify VH in writing of any unauthorized access or use of Customer’s network or other breach, threatened breach or attempted breach of security or breach, threatened breach or attempted breach of this AUP by Customer and/or any one or more Users. Such notice shall contain all information necessary for VH to fully investigate, evaluate and respond to same. Any notification sent by VH pursuant to this AUP shall be via mail or e-mail to the address or e-mail address, if any, provided by each of the relevant Customers, who shall further be responsible for advising VH of any change of such contact information.
RIGHTS OF VH
VH shall have the right to take actions it deems necessary, in its sole and exclusive discretion, to enforce the terms and conditions of this AUP, to preserve its ability to render Services, and preserve the quality, security and integrity of those Services and the Network of VH (and/or its service providers) as well as protecting its rights and interests. Any failure by Customers and/or Users to observe and abide by the terms and conditions of this AUP may result in VH taking such actions it deems appropriate in its sole and exclusive discretion, including without limitation, immediate suspension or termination of the relevant Customer’s Services, in whole or in part, with or without notice. VH may, but is not obligated to provide Customers with notice and opportunity to cure any one or more violations of this AUP, any of which may be deemed a material breach of this AUP and any relevant agreement(s) to which this AUP is incorporated by reference. VH shall have no liability to Customers and/or Users and/or any other person or entity for a violation of this AUP or for VH’s delay or failure to provide notice of any violation of this AUP or for VH’s refusal to allow a cure of any violation of this AUP.
VH further reserves the right to act immediately and without notice to suspend, modify or terminate Services (in whole or in part): a) in response to a court order or notice from relevant governmental agency, or b) if VH determines in its sole and exclusive discretion that the continuation of Services may subject VH (and/or its service providers) to criminal or civil action, sanctions, prosecution or other liability or damages, or would/could otherwise violate any Laws, or c) if VH determines in its sole and exclusive discretion that the continuation of Services may interfere with the security, functionality and normal operation of the network of VH (or its service providers), in whole or in part or interfere with the ability of others to access or use the Services, or d) if VH determines in its sole and exclusive discretion that the continuation of Services may be harmful or damaging to VH and/or Customers and/or Users.
VH has no obligation to monitor Content, communications or any other materials used in connection with the Services. However, VH cooperates with relevant law enforcement and governmental agencies in investigating claims of inappropriate or illegal activity. VH may monitor Content, communications or any other materials and/or disclose Customer information to comply with applicable Laws or if VH determines, in its sole and exclusive discretion that doing so is beneficial to the network of VH (and/or its service providers). VH reserves its right to avail itself of safe harbor provisions of the Digital Millennium Copyright Act.
INCIDENT REPORTING AND COMPLAINTS
Complaint(s) of non-copyright related AUP violation should be directed to: firstname.lastname@example.org. Such complaints should include all relevant details relating to the complaint. Customers acknowledge that VH may receive complaints from Customers, Users, Internet organizations or other third parties, and Customer hereby agrees to immediately investigate all such complaints and take actions necessary to fully remedy any AUP violation. VH reserves the right to notify any complainant that Customer is investigating its complaint and VH may provide such complainant with Customer’s contact information to directly resolve the complaint.
Complaint(s) of copyright infringement (and counter-notices, as applicable) should be submitted pursuant to our DMCA policy.
BY UTILIZING VH’S SERVICES, CUSTOMERS AND/OR USERS AGREE TO HAVE READ THIS ENTIRE AUP CAREFULLY, HAVING FULLY UNDERSTOOD ALL OF THE TERMS AND CONDITIONS HEREIN, AND FURTHER AGREE TO BE BOUND BY THIS AUP (AS AMENDED FROM TIME TO TIME AS PROVIDED HEREIN) IN ITS ENTIRETY AND THAT THIS AUP CONSTITUTES A BINDING AND ENFORCEABLE OBLIGATION. THE USE OF VH SERVICES IS FURTHER SUBJECT TO THE TERMS AND CONDITIONS OF ANY AGREEMENT(S) ENTERED INTO BY AND BETWEEN THE RELEVANT CUSTOMER AND VH. THIS AUP IS INCORPORATED INTO SUCH AGREEMENTS BY REFERENCE.
Effective Date: January 26, 2015