Acceptable Use Policy

This Acceptable Use Policy (AUP) describes prohibited uses of the services offered by NephoScale and its affiliates. Your services may be suspended or terminated for violation of this AUP. Together with the Terms of Service, this AUP forms a binding agreement between NephoScale and Customer hereafter considered “The Service Agreement”. If the individual who submits an order does so on behalf of a company, or other legal entity, the individual represents that he or she has the authority to bind the entity to the Agreement. All users of NephoScale’s services: those who access some of our Services, or Websites, but do not have accounts, as well as those who pay a service fee to subscribe to NephoScale Services, must comply with this AUP (Acceptable Use Policy) and our TOS (Terms of Service). Use of NephoScale Service constitutes acceptance and agreement to NephoScale AUP and TOS.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use a NephoScale service in any manner that which NephoScale determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a NephoScale account is used to violate our AUP or TOS, we reserve the right to terminate the associated service(s) without notice. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

If you have any questions regarding this policy, please contact us at abuse@NephoScale.com
This AUP will be revised from time to time. A Customer’s (hereafter known as “Subscribers”), or users, use of NephoScale’s services after changes to the AUP are posted on the NephoScale web site, www.NephoScale.com, will constitute the Subscriber’s acceptance of any new or additional terms of the AUP resulting from those changes.
As the Subscriber, or operator, of a service located on the NephoScale network, all activity that is a result of using our services, or takes place within a Compute service (i.e. dedicated server or cloud server) or cloud storage node, is your responsibility. NephoScale reserves the right to refuse and terminate services for any reason, without notice.
Because NephoScale cannot monitor or censor content on the Internet, and will not attempt to do so, NephoScale cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

Service Security: All Compute (i.e. dedicated server or cloud server) and Cloud Storage security is maintained by the Subscriber, or operator, and it is his or her responsibility to maintain all software, security rules, and access lists to ensure all aspects of compute and storage security are properly maintained. Compute or Storage resources that are compromised in any extent are considered to be in direct violation of this AUP.
DDOS Attacks: In the event that a compute or storage service is attacked and causes connectivity issues to the overall network, the following actions can take place:

A.) All network addresses associated with the compute or storage service can be null routed and blocked at the routing perimeter of the affected network for an indefinite amount of time- ‘semi-permanent’ null routes is a practice here as well, when necessary.
B.) Compute or storage services can be disabled for a “timeout” period set forth by the network administrators. Timeout periods disable the service and stop the flow of traffic to and from the service. The period for timeout down is determined by our network administrators, based upon the severity of the attack taking place.
C.) Compute or storage services cancellation can take place if it is determined the overall operations of this Compute or Storage service will likely cause perpetual network disruption that is unknown or determined as harmful to other clients on the NephoScale network.

Bulk Email: or, the sending of unsolicited bulk and/or commercial information over the Internet. This is not only harmful because of its negative impact on consumer attitudes toward NephoScale, but also because it can overload NephoScale’s network and disrupt service to NephoScale’s subscribers.

In the event that bulk transmissions of unsolicited mail are sent either by the Subscriber, via the Subscriber’s Compute or Storage services, and/or advertising products or services provided by the Subscriber or by one of the Subscriber’s accounts, NephoScale reserves the right to have the offending account, source engine of transmission, or entire Compute or Storage service itself, removed from our network.

If your services, one of the accounts located on one your services, or IP range(s) associated with any of your services are found to have been listed on any of the RBL lists provided by SPAM blocking organizations, we will take action in having these listings removed, which may include having accounts and/or Compute or Storage services deactivated or cancelled, as to be determined by our Abuse Department. Full cooperation is expected from the Subscriber in having these listings removed, as to prevent any of the abovementioned actions.

The CAN SPAM law of 2003 will not be used as a guideline in determining the legitimacy of mailing practices. Instead, our internal policies will be used in regards to this issue, so that our network is protected against being blocked by RBL listings. If you would like further information concerning this, or would like to inquire as to the legitimacy of your mailing list, please contact abuse@NephoScale.com.

IRC/Shell Servers: Use of the NephoScale service for IRC/Shell/Bot related activities is unacceptable. Compute or Storage services continuously running a risk of supporting IRC daemons or eggdrops will be disabled and cancelled from our network.

Bit Torrents/P2P Protocols: Bit Torrent software and P2P protocol software are not permitted on our network. Compute or Storage services continuously running a risk of supporting these types of services will be disabled and cancelled from our network.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities is strictly prohibited. Also, engaging in activity that violates privacy, publicity or other personal rights of others is prohibited. NephoScale is required by law to remove or block access to Subscriber content, upon receipt of a proper notice of copyright infringement. It is also NephoScale’s policy to terminate the privileges of Subscribers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using NephoScale’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. NephoScale is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography immediately hosted within or being transmitted through its network.

Defamatory or Abusive Language: Using NephoScale’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; is not allowed on NephoScale’s network.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts, services, or networks belonging to another party, or attempting to penetrate security measures of another individual’s, or Subscribers, services (often known as “hacking”), is strictly prohibited. Also, any activity that may be used as a precursor to an attempted system or service penetration (i.e., port scan, stealth scan or other information-gathering activity) will not be allowed.
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and/or sending Internet viruses, worms, Trojan horses, ICMP assaults or other flooding mediums, mail-bombing or the launching of denial of service attacks are strictly prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment are not allowed.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software is prohibited.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is prohibited.

Other Activities: Engaging in activities, whether lawful or unlawful, that NephoScale determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations, is strictly prohibited.

The responsibility for avoiding harmful activities just described rests primarily with the subscriber.

NephoScale is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching NephoScale’s facilities from those subscribers may have originated from a customer of the subscriber or from yet another third party. NephoScale does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. NephoScale reserves the right to directly take action against a customer of its subscribers. Also, NephoScale may take action against the NephoScale subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, NephoScale anticipates that subscribers who offer Internet services will cooperate with NephoScale in any corrective or preventive action that NephoScale deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NephoScale policy.

NephoScale will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority, or when public safety is at stake. NephoScale may, however, monitor any aspect of service electronically to determine that its facilities are operating satisfactorily. Also, NephoScale may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. NephoScale assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, NephoScale may disclose subscriber information or information transmitted over its network where necessary to protect NephoScale and others from harm, or where such disclosure is necessary to the proper operation of the system. However, NephoScale will never sell information to other services or outside companies.

NephoScale expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate NephoScale policy.

NephoScale wishes to emphasize that, in acknowledging the AUP and TOS, subscribers indemnify NephoScale for any violation of the Service Agreement, law, or NephoScale policy resulting in loss to NephoScale or the bringing of any claim against NephoScale by any third party.
Any complaints about a subscriber’s violation of this AUP should be sent to abuse@NephoScale.com immediately.

REPORTING VIOLATIONS OF NephoScale AUP
NephoScale requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@NephoScale.com.

REVISIONS TO THIS ACCEPTABLE USE POLICY
NephoScale reserves the right to revise, amend, or modify this AUP, our TOS, and our other policies and agreements at any time and in any manner.