Acceptable Use and Information Request Policy

Version 4.0.1

1. Introduction

The conduct and use of the services (Service(s)) provided by The ServInt Corporation (we, us or our) to its customers, their customers (End Users), and any other entity using our Services, or requesting information from us, (collectively “you” or “your”) is governed by this Acceptable Use and Information Request Policy (AUP). We have established this AUP to provide you with guidance about permitted uses of our Service. If you are purchasing our Services, either directly, or as an End User, it is part of your contract with us.

This AUP is designed to provide you with information about our policies should you believe that one of our customers, or their End Users, is engaging in conduct that is prohibited by law, or otherwise objectionable. Should you wish to contact us, please use the addresses listed in the appropriate section of this AUP. We are not required to respond to inquiries that do not follow this AUP.

2. This AUP may change

We reserve the right to modify, update and/or materially change this AUP without notice to you. If you purchase our Services, and such a change materially affects your use of the Services, you may terminate your Agreement with us. The definition of “materiality” is set out in our Terms of Service (TOS).

3. You must flow down this AUP to your End Users

If you purchase Services from us, you must have an acceptable use policy no less restrictive than our AUP. If you choose to copy this AUP into your agreement, you must acknowledge in your agreement that we are the sole owners of this AUP and that it has been copyrighted by us. You agree to indemnify us should you fail to comply with this paragraph. However, even if you include this AUP in your agreement with your End Users, you remain responsible for their conduct, and agree to indemnify us and our third party vendors from any claims made against us based on their conduct.

It is very important that your review the terms of our TOS. Many of our third party vendors require you to flow down provisions of their agreements to your End Users. You agree to indemnify us, and/or our third party vendors, should your failure to flow down these provisions result in a claim against either of us.

4. Your use of the Services must be lawful

You may not use our Services to contravene the laws of the United States, or any other jurisdiction in which you use or access our Services. It is important that you consider your use of our Services prior to accepting our TOS. You may not terminate the TOS if it is determined that your use of the Services is contrary to law or this AUP.

5. Specific Prohibited Uses
   1. SPAM - Unsolicited Commercial email

   You must comply with the CAN-SPAM law. If you are unsure of the provisions of this law, please click here
   [http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm].

   You must also send email in a way that respects the stability of our network, and allows other customers to use the Services. If we determine that your use of email affects our network or our other customers, in a material, adverse manner, we may suspend your account until such time as you have agreed to modify your behavior. While your account is suspended, Fees will continue to accrue.

   2. Copyright Infringement - Digital Millennium Copyright Act (DMCA)

   Use of our Services requires that you honor and respect U.S. copyright law. You may not use our Services to infringe anyone else’s copyright, including the hosting of or direct linking to a torrent or warez site. While we understand that there are often differences of opinion about copyright law, the DMCA provides us with no discretion when an entity alleges copyright infringement.

   The steps necessary to file a DMCA complaint, respond to such a notice, and other steps in the DMCA process are here:[http://www.copyright.gov/legislation/pl105-304.pdf].

   Our designated agent for receipt of DMCA notices is:

   Christian Dawson
   The ServInt Corporation
   6861 Elm Street
   Fourth Floor
   McLean, VA 22101
   Fax: (703) 847-1383
   

   3. Trademark Infringement

   Use of our Services requires that you honor and respect U.S. trademark law. You may not use our Services to infringe anyone else’s trademark rights. Trademark infringement includes, but is not limited to, displaying another entity’s trademark on your website, using trademarked words in meta tags and other text based aspects of your website, and selling or distributing goods that you do not have a right to sell. For the avoidance of doubt, it is a violation of this AUP to use our Services to sell “grey market” goods.

   We will take action on a notice of trademark infringement that includes the following:

   i. The name of the owner of the trademark;

   ii. The U.S. registration number of the trademark;

   iii. The website on which the trademark infringement is alleged to occur, and each url on which an instance of infringement is present;

   iv. The mailing and email address and a working telephone number of the entity or person providing notice of infringement; and

   v. A statement that the use of the trademark in this manner is unauthorized and infringing.

   Please direct your trademark infringement complaint to:

   Network Abuse Admin
   The ServInt Corporation
   6861 Elm Street
   Fourth Floor
   McLean, VA 22101

   Email: admin@servint.com
   Fax: (703) 847-1383

   4. Content prohibited by law

   You may not use our Services to distribute, advertise, disseminate, link to content that contains, describes, or refers to child pornography, bestiality, child erotica, gambling, pyramid or “multilevel marketing” schemes, or any other content prohibited by U.S. law.

   We will take action on a notice of prohibited content that includes the following:

   i. The name of the website on which the prohibited content is alleged to reside, and each url on which an instance of the content is present;

   ii. The mailing and email address and a working telephone number of the entity or person providing the notice; and

   iii. The date on which the prohibited content was observed.

   5. Export and import of the Services

   It is your obligation to determine whether your use of the Services is considered to be an export under the laws of the U.S., and further, whether such a use is prohibited by U.S. export laws, or the import laws of the country in which the Services are used. For more information about U.S. export laws, follow this link:
   [http://www.export.gov/regulation/index.asp]

   6. IRC

   No connections to IRC or IRC-like servers or hosts may be made using our Services. IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using our Services. You may not advertise or link to IRC servers using the Services.

   7. Monitoring other’s use of Services

   You may not engage in probes, port-scans, sweeps or spoofing of systems. We will report this activity to the appropriate law enforcement entity. We may engage in this activity, as allowed by law.

   8. Server and network stability

   We have optimized our servers and network for the Services we offer. These Services are used by more than one customer. If we determine that your use of the Services endangers our servers, network or other aspects of our infrastructure, we may suspend your account. We reserve the right to take this action even if your use of the Services is otherwise legal. Your account will remain suspended, and Fees will continue to accrue during this suspension. It is your obligation to determine whether your use of the Services will adversely affect our servers, network and/or infrastructure. You may not terminate the TOS if your use of the Services is suspended by application of this paragraph.

   9. Network unfriendly activity

   ServInt reserves the right to disallow activities that negatively impact network operations. This includes but is not limited to the running of applications or processes that require resources in excess of what the package allows. One example of this is the running of open proxies on ServInt’s Enterprise VPS line.

6. Accurate information / Confidentiality

Providing us with accurate information not only makes it easier for us to contact you, but it also speeds our response to any complaints or issues you present to us. It is your obligation to provide accurate, updated, information to us.

Customer information is confidential. Third parties who contact us may request that their correspondence be kept confidential. However, our obligation to keep this third party correspondence confidential will only be pursuant to a mutually agreed-upon non-disclosure agreement, this agreement or law.

7. Cooperation with Law Enforcement

We choose, and in some cases are obligated, to comply with legitimate requests from law enforcement and other governmental entities for information about you. When possible, we will give you notice of these requests. However, in most cases, we are prohibited from giving you notice. This prohibition may be express, or based on our reasonable interpretation of the law. By providing us with information, both directly, and as a result of your use of the Services, you agree to this paragraph.

Requests for information from law enforcement entities must contain the following:

i. The name, address and email address of the individual to whom the information will be sent;

ii. A copy of the warrant or subpoena that has been signed by the relevant judicial entity;

iii. If the request is an administrative request, the request must cite the law pursuant to which the request is made, and must be physically signed by the requestor; and

iv. A date by which a response is requested, which must be at least ten days from the date on which the request is received by us.

Requests for information from law enforcement must be directed to:

Network Abuse Admin
The ServInt Corporation
6861 Elm Street
Fourth Floor
McLean, VA 22101

Email: admin@servint.com
Fax: (703) 847-1383

8. Other Requests for Information

If you believe that we have information that is relevant to a legal action in which you are involved, it is important that you contact us prior to requesting the information. The Services are not designed to serve as a repository of your information, and we are not in the business of providing litigation support. It can be time consuming and expensive for us to respond to requests for information. We are generally under no legal obligation to provide information to civil litigants. If you request, or demand, information from us, we will charge you for our response. All charges will be based on our current administrative fee, and will include any fees charged to us by our attorney to respond to your request. You may be required to pay these charges up front before we will produce information.

Requests for information from non-law enforcement entities must contain the following, and are not confidential:

i. The name, address and email address of the individual to whom the information will be sent;

ii. A copy of the complaint or other document, indicating a filed and pending litigation matter, that has been file stamped or otherwise endorsed by a judicial or administrative body;

iii. Citation of the law pursuant to which a response by us is compelled;

iv. A date by which a response is requested, which must be at least ten days from the date on which the request is received by us; and

v. The following statement: “I agree that I am responsible for, or am authorized by my client to incur, any and all charges associated with The ServInt Corporation’s response to this request, and that any response is not confidential.”

Requests for information from non-law enforcement entities must be directed to:

Network Abuse Admin
The ServInt Corporation
6861 Elm Street
Fourth Floor
McLean, VA 22101

Email: admin@servint.com
Fax: (703) 847-1383

9. All Other Requests

All other requests, or notices that the Services are being used in violation of this AUP or law, must contain the following, and are not confidential:

i. The name, address, email address, and a working telephone number of the individual making the allegation;

ii. The website against which the allegation is made, and all urls supporting the allegation; and

iii. The date on which the violation was observed.

These requests must be directed to:

Network Abuse Admin
The ServInt Corporation
6861 Elm Street
Fourth Floor
McLean, VA 22101

Email: admin@servint.com
Fax: (703) 847-1383