Xalient Acceptable Use Policy
1. Introduction
1.1.
This acceptable use policy (“AUP”) outlines the principles that govern
use of the systems, services and equipment (if any) provided by Xalient
Holdings Limited, Xalient Inc. or their respective third parties in connection
with the services we provide to you.
1.2.
“User(s)” or “you” means customers or anyone else who uses or accesses our
services or any services provided by a third party on our behalf as part of the
services we provide to you (“services”).
1.3.
We reserve the right to amend, modify or substitute this AUP at any time. Your
continued use of any services provided under your agreement after any such
amendment, modification or substitution constitutes your acceptance of any new
AUP. Any changes to the AUP will be posted on our website at www.xalient.com
2. Violations of the AUP
2.1.
We reserve the right to investigate incidents involving suspected violations of
this AUP. Such investigations may include gathering information from the User
involved and the complaining party (if any) and examination of material on our
servers, networks, third party networks or any other equipment associated with
the services provided under your agreement.
2.2. We
will take action if you abuse our services and/or breach this AUP. This may
include, but not limited to:
(a)
restriction of your access to all or any part of any service provided under
your agreement (with or without notice); or
(b) suspension
or termination of any service under your agreement (with or without notice).
2.3.
If we impose a suspension, then this may be lifted at our discretion upon
receipt of a formal written undertaking from you not to commit any future
relevant abuse.
2.4
If you are a reseller of our services it is your responsibility to ensure end
users comply with the terms of this AUP.
3. Illegal Use
3.1. Our
services may be used only for lawful purposes.
3.2.
As the User of the services you agree to comply with all applicable laws,
statutes and regulations of any relevant jurisdiction applicable to the use of
the services.
3.3.
If your use of the services is under investigation by relevant authorities, we
reserve the right to suspend the services for the duration of the
investigation.
4. Security
4.1
Violations of system or network security are prohibited and may result in
criminal and civil liability. We will investigate incidents involving such
violations and may involve and will cooperate with law enforcement agencies if
a criminal violation is suspected.
4.2 We
reserve the right to suspend or disconnect your services without notice if
there is a violation of the system or network security.
4.3 Unless
we have agreed otherwise in our agreement with you the security of the services
used by you is your responsibility. We are not responsible for the consequences
of your failure to employ adequate security measures (e.g. lost or corrupted
files, identity theft, fraud).
Examples
of system or network violations include, but not limited to, the following:
· Unauthorized access to or use of computers, data, systems, accounts or
networks, including any attempt to probe, scan, or test the vulnerability of a
system or network or an attempt to penetrate security measures of another
individual’s system (known as ‘hacking’).
· Unauthorized monitoring of data or traffic on any network or system
without express authorisation of the owner of the system or network.
· Interference with the services to any user, host or network including,
without limitation, mail-bombing, flood, deliberate attempts to overload a
system and broadcast attacks.
· Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting or otherwise engaging in any
monitoring or interception of data not intended for the User without
authorization is prohibited.
· Engaging in or permitting any network or hosting activity that results
in the blacklisting or other blockage of IP space is prohibited.
· Also, attempting to circumvent client authentication or security of any
hosts, network, or account (‘cracking’) without authorization is prohibited.
Simulating communications (“phishing”) from and/or to a website or other
service of another entity in order to collect identity information,
authentication credentials, or other information from the legitimate users of
that entity’s service is prohibited.
· Exporting encryption software over the Internet or otherwise in
violation of ITAR, to points outside the United States is prohibited.
· Using malware, DNS cache poisoning or other means (“pharming”) to
redirect a user to a website or other service that simulates a service offered
by a legitimate entity in order to collect identity information, authentication
credentials, or other information from the legitimate users of that entity’s
service is prohibited.
· Activities that disrupt the use of or interfere with the ability of
others to effectively use any network, system, services, or equipment by
utilizing programs, scripts, or commands to abuse a website (i.e., DDOS, SYN
Floods or similar attacks).
· Furnishing false data including fraudulent use of
credit card numbers.
5. Content/email
5.1.
You are prohibited from storing, distributing, transmitting or causing to be
published any “prohibited material” through your use of the services, including
for example your use of the services to send emails, post on online forums and
use social media. What constitutes “prohibited material” shall be determined by
us (acting in our sole discretion). Prohibited material includes (without
limitation):
5.1.1.
material that is threatening, harassing, invasive of privacy, discriminatory,
defamatory, racist, obscene, indecent, offensive, abusive, harmful or
malicious;
5.1.2.
material that infringes or breaches any third party’s intellectual property
rights (which shall include, but not be limited to copyright, trademarks,
design rights, trade secrets, patents, moral rights, paternity rights and performance
rights) – this includes the use, distribution and/or copying of any material
without the express consent of the owner;
5.1.3.
material that is in violation of any applicable laws, statutes or regulations
of any relevant jurisdiction applicable to the use of the services; and
5.1.4.
programs containing viruses, worms, trojan horses, malware (malicious
software), hoaxes or any tools designed to compromise the security of Internet
users, websites and/or systems. However, you may pass samples of malware in a
safe manner to appropriate agencies for the purpose of combating its spread.
5.2.
For the avoidance of doubt, the storage or distribution of “pirated” software,
or any other materials that are not expressly licensed to the User, will
constitute a violation of this AUP.
5.3.
At our sole discretion (and without prejudice to any of our other rights
pursuant to this AUP), we reserve the right to remove or block any material
from any server under our control. In addition to any other action we may take,
we reserve the right to notify relevant authorities, regulators and/or other
third parties of the use, storage, distribution, transmission, retransmission
or publication of prohibited material (and/or any other materials the dealing
with or use of which may constitute unlawful conduct by Users).
6.
Sending high volume of traffic to particular autonomous system
If the traffic to and from a particular ASN exceeds 10%, or such other
percentage we may have agreed with you, of your monthly Committed Data Rate
(CDR) then we make no guarantee of performance towards packet loss and/or
latency to and from that ASN. This also applies to “Transit” Autonomous systems
which are used to reach the end user destinations.
7. Additional terms and conditions
This AUP shall apply to all agreements or statements of work agreed
between us.