Additional Terms Exhibit: CloudHelm Acceptable Use Policy
Terms and Conditions
1. This Acceptable Use Policy (AUP) is incorporated by reference in Subscriber’s Terms for CloudHelm or other hosted Services provided by nCloud, LLC or its affiliated companies (“Services”). References to CloudHelm shall include any affiliate of or licensor to CloudHelm that provides Services to Subscriber. Services may be suspended or terminated for violation of this AUP by Subscriber or its customers. Capitalized terms used in this AUP shall have the meaning given in the Terms or as defined below. For purposes of this AUP, “Subscriber” shall mean all persons using Subscriber’s access to any hosted Services.
2. Abuse: Subscriber may not use the Services or nCloud’s network to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
a. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
b. Monitoring or interference with data or traffic on any network or system without the express authorization of the owner of the system or network;
c. Interference with service to any user of Subscription Services or other nCloud network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d. Use of an Internet account or computer without the owner’s authorization;
e. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
f. Collecting or using information without the consent of the owner of the information;
g. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
h. Use of the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
i. Resale of the Subscription Services, unless expressly authorized in a separate written agreement with CloudHelm or an affiliated company;
j. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the services;
k. Use of the Service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “add/remove” tool); or
l. Any conduct that is likely to expose nCloud to civil or criminal liability, or likely to result in retaliation against the nCloud network or website, or nCloud’s employees, officers, members, affiliates or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
3. Bulk Email: Subscriber may not use a CloudHelm mail service to send bulk mail. Subscriber may use a dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
4. Mail Requirements: Subscriber must comply with the CAN-SPAM Act of 2003 and other US and foreign laws and regulations applicable to bulk or commercial email. In addition, Subscriber bulk and commercial email must meet the following requirements:
a. Subscriber’s intended recipients have given their consent to receive email from Subscriber via some affirmative means, such as an opt-in procedure;
b. Subscriber’s procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
c. Subscriber shall retain evidence of each recipient’s consent in a form that can be promptly produced on request, and Subscriber honor recipient’s and nCloud’s requests to produce consent evidence within 72 hours of receipt of the request;
d. Subscriber shall have procedures in place that allow a recipient to revoke their consent; Subscriber honor revocations of consent within 48 hours, and Subscriber notify recipients that the revocation of their consent will be implemented in 48 hours;
e. Subscriber must post an email address for complaints (such as abuse@Subscriberdoman.com) in a conspicuous place on any website associated with the email, Subscriber must register that address at abuse.net, and Subscriber must promptly respond to messages sent to that address;
g. Subscriber must clearly identify the message as an advertisement, and must include a valid physical postal address within the text of the message;
h. Subscriber shall have the means to track anonymous complaints;
i. Subscriber may not obscure the source of Subscriber email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Subscriber email must include the recipients email address in the body of the message or in the “TO” line of the email;
j. The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
k. Subscriber must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
l. These policies apply to messages sent using the Services, and to messages sent from any network by Subscriber or any person on Subscriber’s behalf that directly or indirectly refer the recipient to a site or an email address hosted via an nCloud or CloudHelm Service. In addition, Subscriber may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by Subscriber.
5. nCloud may test and otherwise monitor Subscriber’s compliance with its requirements. nCloud may block the transmission of email that violates these provisions. nCloud may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.
6. Unsolicited Communications: Subscriber may not use the Services to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then Subscriber will not be in violation of this section if Subscriber comply with the 48 hour removal requirement described above.
7. Vulnerability Testing: Subscriber may not attempt to probe, scan, penetrate or test the vulnerability of nCloud’s or its licensors’ or suppliers’ systems or networks, or to breach any security or authentication measures related to the same, whether by passive or intrusive techniques, without nCloud’s express written consent.
8. Newsgroup, Chat Forums, Other Networks: Subscriber must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which Subscriber participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
9. Subscriber must comply with the rules of any other network Subscriber accesses or participates in using Subscriber CloudHelm services.
10. Offensive or Illegal Content: Subscriber may not publish, transmit or store on or via nCloud’s network and equipment any content or links to any content that nCloud reasonably believes:
a. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
b. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
c. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
d. is defamatory or violates a person’s privacy;
e. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
f. may be harmful to or interfere with nCloud’s or any third party’s networks, systems, services, or web sites, which may include, but is not limited to, viruses, worms, password-cracking programs or Trojan horses;
g. improperly exposes trade secrets or other confidential or proprietary information of another person;
h. is intended to assist others in defeating technical copyright protections;
i. infringes on another person’s copyright, trade or service mark, patent, or other property right;
j. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k. is otherwise illegal or solicits conduct that is illegal under laws applicable to Subscriber or to CloudHelm; or
l. is otherwise malicious, fraudulent, or may result in retaliation against CloudHelm by offended viewers or recipients, or is intended to harass or threaten.
11. Content “published or transmitted” via CloudHelm’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
12. Live Events: Subscriber may not use the Services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. CloudHelm may prohibit Subscriber from streaming other live events where there is a special risk, in CloudHelm’s reasonable discretion, that the event may violate the Offensive Content section above.
13. Copyrighted Material: Subscriber may not use CloudHelm’s network or any Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
a. Subscriber have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
b. Subscriber are otherwise permitted by established copyright law to copy the work in that manner.
c. It is CloudHelm’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
14. Shared Systems: Subscriber may not use any shared system provided by CloudHelm in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of CloudHelm Mail Services if it has a negative impact on the mail system, or we may require Subscriber to repair coding abnormalities in Subscriber Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. Subscriber agrees that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data.
15. Other: Subscriber must have valid and current information on file with Subscriber’s domain name registrar for any domain hosted on the nCloud network. Subscriber may only use IP addresses assigned to Subscriber by nCloud in connection with Subscriber CloudHelm services. Subscriber agree that if the nCloud IP numbers assigned to Subscriber account are listed on an abuse database like Spamhaus, Subscriber will be in violation of this AUP, and nCloud may take reasonable action to protect its IP numbers, including suspension and/or termination of Subscriber service, regardless of whether the IP numbers were listed as a result of Subscriber actions. Subscriber is responsible for maintaining the confidentiality of its password and account information, as well as the security of its own systems and networks.
16. Subscriber will comply with the provisions of any acceptable use policy provided by nCloud’s upstream providers (including, without limitation, telecommunications providers) which is notified to Subscriber.
17. Legal Action: nCloud will comply with all legal actions, including but not limited to subpoenas, court orders and search warrants, and such compliance shall not be a breach by nCloud of any agreements between CloudHelm and Subscriber or any other party.
18. No credit will be available under a service level guaranty or agreement for interruptions of service resulting from AUP violations. This AUP may be changed at any time without notice and changes are effective when posted.