Nexcess Acceptable Use Policy
Article Number: 522 | Rating: Unrated | Last Updated: Fri, May 13, 2016 at 4:19 PM
Nexcess Acceptable Use Policy
The purpose of this Acceptable Use Policy (AUP) is to inform the Customer of acceptable use of the services. The Customer agrees to comply with the AUP and is responsible for the use of the Services by all entities and individuals whom Customer permits to use the Services. Due to the numerous possibilities in maintaining a network comprising thousands of services, this AUP is intended to act as a guideline to acceptable use and not be all encompassing.
Nexcess reserves the right, in its sole discretion, to prohibit transmission of materials it determines are not acceptable within the spirit of this policy. This includes but is not limited to content that is unlawful, obscene, threatening, abusive, defamatory, libelous or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state or federal laws.
The customer is responsible for keeping his billing data with Nexcess.net up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers is grounds for immediate termination and may subject the offender to civil or criminal liability.
Nexcess does not actively monitor content on its servers. Nexcess believes in the free dissemination of information via our services. Server content will only be reviewed upon complaint by third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Content deemed to be in violation of this policy will be addressed pursuant to the Resolution Procedures as outline in this AUP.
The purpose of the Nexcess network is to transmit information packet to and from Customer servers and the Internet. Proper use of the network is to utilize the network in a manner that does not violate any local, state or federal laws or generate harm to the network or interfere with the use of services of other users on the same network. Violation, misuse or interference of the network shall be considered a violation of the AUP and trigger Resolution Procedures as outlined in this AUP.
Server and Application Security.
The primary purpose of the Nexcess security services is to assist the Customer in the protection, management, update and overall stability of the Customer's IT environment hosted on Nexcess infrastructure. Nexcess monitors all aggregate network traffic via netflow/sflow statistics for traffic analysis. Additional security services are offered to Customers. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The Customer is ultimately responsible for individual server security unless contacted security services are purchased. In no event is Nexcess liable for the security of any software, application or script hosted on a server. The Customer must ensure software, applications or scripts are up to date and have no security flaws. Nexcess is not responsible for security flaws or issues with any software, application or script.
Domain Name Service.
Nexcess supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. The DNS services are fully managed and maintained by Nexcess with Customer specific domain name management through the online Customer Portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Nexcess will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP.
Network and Performance.
Any activity that results in interference of service, malicious network activity, increased demand on network security services, or performance issues on shared servers are in direct violations of this AUP. Violation of this policy shall trigger the Methods of Resolution under this AUP.
Disclosure of Customer Information.
Occasionally, Nexcess is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Nexcess will notify Customer of the information request as, and if, allowed by the subpoena or order.
Refusal of Service.
Nexcess retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Nexcess also retains the right to discontinue service without notice for any reason.
The following list represents per se direct violations of this AUP and will be subject to immediate action under the Resolution Procedures outlined in this AUP:
Reporting Violations of the AUP.
Nexcess accepts reports of alleged violations of this AUP via email sent to email@example.com. Reports of alleged violations must be verified and include the name and contact information of the complaining party, information reasonably sufficient for Nexcess to locate the server in question, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, Nexcess owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Nexcess will review all verified third party reports and will take appropriate actions as described within the Methods of Resolution as set forth below or within its sole discretion.
Methods of Resolution for Violations of Nexcess Acceptable Use Policy or Methods of Resolution.
Nexcess understands the challenges of businesses that operate on the Internet. The goal of our Methods of Resolution is to prevent service interruptions while resolving violations under this AUP. In general, Nexcess requires action on an abuse complaint within twenty-four hours of a ticket being generated. This time frame may be shortened or lengthened depending on the severity of the complaint. Overall, Nexcess is committed to working with Customers in resolving all potential violations prior to service interruption.
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