General Statement: This Appropriate Use Policy ("AUP") sets forth conditions of use of the services of Packet Flip, LLC, ("Provider"), whose related website is found at http://www.packetflip.com/aup.html. Due to the myriad possibilities in the use of proxy servers, this AUP is intended only to act as a guideline for the Customer to the service of Provider ("Service" or "Services") and is not, and cannot be, all encompassing.
Customer is the person or legal entity, including, without limitation, its agents, employees, purported assignees, and licensees which has subscribed to the service or services of Provider.
The following list sets forth violations of this AUP, but other acts or uses, not listed herein, may also constitute violations of this AUP in connection with Customer's use of Provider's Services:
1. Copyright and Other Propriety Right Infringement: Customer agrees not to infringe on copyrighted, patented, other intellectual property rights, and proprietary material of third parties, under all relevant laws, foreign or domestic, federal, state, or local, including, without limitation, the Copyright Act, as amended, and the Digital Millennium Copyright Act.
2. Spamming: Customer agrees that it will not engage in any spamming activities, including, without limitation, the sending, re-sending, transmitting, or the like, of bulk materials by means of Provider's Services, whether directly or indirectly. Such sending, re-sending, transmitting or the like is prohibited by any means of Provider's Services, including, without limitation, through email, blog comment, social network message, and forum spam.
3. Illegal Activities: Customer agrees not to engage in illegal activities. This includes, but is not limited to: death threats, terroristic threats, threats of harm to any individual or organization, multi-level marketing schemes, "Ponzi schemes", invasion of privacy, credit card fraud, racketeering, identity theft, defamation, slander, and other illegal activities.
4. Child Pornography: Customer agrees not to, without limitation, view, promote, or engage in any activity relating to child pornography, and violation of laws relating thereto, which includes without limitation, Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, the Child Online Protection Act, Communications Decency Act of 1996, and Children's Internet Protection Act, all as amended.
5. Threats and Harassment: Customer agrees not to make threats to or harass any individual, organization or business.
6. Fraudulent Activities: Customer agrees that it will not engage in fraudulent activities.
7. Denial of Service: Customer agrees that it will not engage in the origination of or the control of denial of service attacks, distributed denial of service attacks, or engage in similar activities.
8. Distribution of Malware: Customer agrees not to engage in activities, without limitation, the distribution, fabrication, or use of malware including, virus software, root kits, password crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious activity.
9. Hacking: Customer agrees not to engage in gaining or attempting to gain unauthorized access to any network or system, including, without limitation, computer, telephone, telefax, and any other system of data storage.
10. Phishing: Customer agrees not to engage in any activity associated with phishing or systems designed to collect personal information, including, without limitation, names, account numbers, usernames, passwords, and other identifying information.
11. Fraudulent Financial Schemes or Ponzi Schemes: Customer agrees not to engage in the promotion, offer, or sale of interests in illegal financial or Ponzi schemes.
12. Stalking: Customer agrees not to engage in any stalking of either person, organization, or otherwise.
13. Bullying: Customer agrees not to engage in bullying of any person, organization, or otherwise.
14. Derogatory or Defamatory Remarks or Conduct: Customer agrees not to engage in any conduct or make remarks which are derogatory, demeaning, malicious, hateful, defamatory, or abusive.
15. Impersonation: Customer agrees not to impersonate any other person or take on any other person's identity, whether living or deceased, or impersonate an entity or take on the identity of any entity, whether legal or informal.
16. Violations Alleged by Third Parties and Determination of such Violations of this AUP or Other Violations: Provider accepts reports from third parties of alleged violations of this AUP or concerning other violations. Provider will review all third party reports and may take appropriate actions, at is sole discretion, relative to Customer. None of the rights of Provider under this paragraph "16" shall be limited in any way by the paragraph below titled: Disclosure pursuant to Subpoena or similar forms of request, or by anything else in this AUP or TOS.
17. Violation of Laws: Customer agrees not to engage in any activity which is in violation of civil or criminal law, foreign or domestic, whether national, state or local.
18. Attempted Access to Certain Websites: Customer is informed and agrees that it has no access to certain websites. No attempt shall be made to access such websites via Provider's services. A current list is found in Appendix A to the TOS.
19. Use of Certain Software with Provider's Services is Prohibited: Customer is informed and agrees that it is prohibited from using certain software with Provider's Services. A current list of such software is provided in Appendix B to the TOS.
Upon a perceived violation of this AUP, Provider may, at its sole discretion, immediately terminate Provider's services to Customer, without notice, and as stated in Provider's Terms of Service ("TOS") found at http://www.packetflip.com/tos.html, without refund or credit. Customer acknowledges, understands and agrees that Provider is not in a position to ascertain whether an alleged violation is real or valid, but must make a decision based on information received from such third parties. Customer agrees that Provider's decision will be final, determinative, and binding upon Customer. Provider, at its sole discretion, may immediately terminate Provider's services to Customer, without notice, and as stated in Provider's TOS, without refund or credit.
Customer agrees to hold Provider harmless, for relying on the third party's report and for any action taken in response to such report. Customer further agrees to defend and indemnify Provider in the event a claim is brought against Provider or an award, judgment or the like is issued against Provider resulting from Customer's use of the Services, all as stated in the TOS.
Method of Resolution for Alleged Violations under this AUP: Upon discovery by Provider of an alleged violation of this AUP, Customer will be notified and given a designated time in which to respond to the alleged violation. If Customer fails to respond within the time provided, Provider may, at its sole discretion, immediately terminate Provider's services to Customer, without notice, and as stated in Provider's TOS found at http://packetflip.com/tos.html, without refund or credit. Notwithstanding other provisions in this paragraph, upon receipt of Customer's response, if Provider finds a violation of this AUP, Provider, at its sole discretion, may immediately terminate Provider's services to Customer, without notice, and as stated in Provider's TOS, without refund or credit.
Security of Customer Information: Customer understands and agrees that Provider cannot guarantee, assure, or promise that information or data of Customer held by Provider, transmitted during use via Provider's servers (including, without limitation, any and all transmissions to and from Customer via Provider's servers) or via Customer's use of Services, will not be compromised by unauthorized access. Without limiting any right of Provider under the heading "Indemnity" found in the TOS, Customer holds Provider harmless in the event of any breach of security to Customer's data or information as described in this paragraph.
Monitoring of Customer's Use of Services: At its sole discretion, Provider may monitor Customer's use of Provider's Services. Such monitoring includes, without limitation, the following: the result of notice by third parties of a possible violation of this AUP, or otherwise, or to protect, or enforce Provider's rights under the TOS, this AUP, or the Website Information. "Website Information" means information posted by Provider on its website at http://www.packetflip.com.
Disclosure pursuant to Subpoena or similar forms of request: Provider may be required by law to provide Customer's information pursuant to subpoena or similar forms of request issued by a court, governmental entity or otherwise (referred to herein collectively as "Subpoena"). Information shall be disclosed as directed pursuant to subpoena. Provider shall release information described in the subpoena. If permitted by law, Provider will endeavor, but is not obligated, to notify Customer that it has received a Subpoena for records pertaining to Customer.
Data Collection and Retention: Provider collects and maintains an informational log, including, without limitation, information relating to Customer's uses of and websites visited by Customer via Provider's Services, and payment by Customer and related information. Such logs are maintained for approximately 30 days, and longer if necessary, at the sole discretion of Provider.
Decline of Acceptance of New Customer or Renewal of Provider's Services: Provider retains the right, at its sole discretion, to decline acceptance of a potential customer, refuse to supply additional Services to or renew Services with any Customer or terminate Services to Customer.
Terms of Service: The TOS of the Provider are incorporated by reference and made a part hereof.
Changes to AUP: Customer agrees that Provider, at its sole discretion, may change the terms of this AUP without notice and that Customer shall keep itself informed of Provider's AUP for any and all changes by reviewing it regularly on Provider's website at: http://www.packetflip.com/aup.html. Customer's continued use of the Services following such changes constitutes consent to such changes.
Breach: Any breach of this AUP is a breach of the TOS between Provider and Customer, and subject to immediate termination, without notice, at Provider's sole discretion.
Incorporation by Reference: The terms, conditions, and provisions of Provider's TOS and Web Information are incorporated herein by reference and made a part hereof as though they are fully set forth herein.
Severability: In the event any term or provision in this AUP is found by a tribunal of competent jurisdiction to be invalid, the remainder of this AUP shall remain in full force and effect.
Headings: Headings are for ease of reference and are not made a part of this AUP.
Gender: The use of the words "it", "its", "he", "his", "she", "hers", "they", "theirs" or similar words, shall include the masculine and the feminine, the singular and the plural.