This Usage Policy (“UP”) applies to all hosting services, hosting solutions, cloud services, and other services and solutions made available by HOSDEX LLC, either directly or through one of its brands (“we” or “us”), as well as its suppliers and affiliates (collectively, “Services”). This UP is an integral part of your agreement with us and is incorporated by reference into the terms pursuant to which we provide you the right to access or use the Services.
YOUR ACCESS TO AND USE OF THIS SERVICES ARE GOVERNED BY THIS UP. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS UP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES.
We reserve the right to alter this UP at any time, and such modifications shall become immediately effective upon posting the modified UP or by notification to you of the modified UP.
General Statement
The purpose of this UP is to set forth the expected conduct of users of the Services and the types of actions and content that are contrary to our mission and philosophies. This UP is intended to protect the Services and our employees, customers, and end users from improper, inappropriate, abusive or illegal activity. We may suspend or terminate your right to access and use the Services if, in our sole determination, we believe you have violated this UP.
Responsibilities and Prohibited Use
You are responsible for your use of the Services as well as the activities of all of your agents, representatives, and end-users (“Users”), and you will ensure such Users abide by this UP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in our sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose us to criminal or civil liability.
In general, you agree not to use the Services to engage in wrongful activities or in a way that is inappropriate, causes a disruption to the Services, or violates the rights of others. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
Our Rights
We reserve the right at all times to investigate any actual, suspected, or alleged violations of this UP. You shall cooperate with us in investigating and correcting any actual or alleged breach of this UP by yourself of any User. We further reserve the right to cooperate with legal authorities and third parties in investigating any alleged violations of this UP, including disclosing the identity of any User that we believe is responsible for such violation. We may implement technical mechanisms to prevent UP violations. Nothing in this UP shall limit our rights and remedies at law or in equity that may be available.
Consequences of Violations of This UP
If we, in our sole discretion, reasonable believe you or your User violated this UP, we may suspend your Services without prior notice, terminate your agreement with us, block any traffic that we reasonably believe is in violation of this UP, and take any other actions permitted under applicable law. In addition to any other remedy we may have, we may charge you our standard hourly rates together with our reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this UP by you or your Users.
Disclaimer
The purpose of this UP is to set forth the expected conduct of users of the Services and the types of actions and content that are contrary to our mission and philosophies. This UP is intended to protect the Services and our employees, customers, and end users from improper, inappropriate, abusive or illegal activity. We may suspend or terminate your right to access and use the Services if, in our sole determination, we believe you have violated this UP.
Notification of Violations
If you become aware of any violation of this UP by anyone, including your Users, you must immediately notify us using the Abuse Report Form found here or by emailing us at abuse@hosdex.com
