Acceptable Use Policy

Active issues such as SPAM, Denial of Service, scans, or distribution of malware may constitute an escalated issue requiring Customer’s AUP representative to take immediate action on the End User account. In all cases, an AUP-related event will require Customer to take all actions necessary to quickly rectify the situation to ensure that suspension of Service is not required.

Customer acknowledges that Infocrossing has no control over or liability for the actions of federal, state or local jurisdictions, which may restrict or block the iConnection Service.

Infocrossing's acceptable use policies ("Policies") set forth below defines acceptable practices while using any of Infocrossing's services that provide access to the Infocrossing Service. By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively "Users"), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service.

You are responsible for maintaining the confidentiality of your password and account information, as well as the security of your internal systems and networks. You agree to indemnify, defend, and hold Infocrossing, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, and suppliers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Infocrossing's defense of any claim. Infocrossing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Infocrossing. You agree immediately to notify Infocrossing of any unauthorized use of your account or any other breach of security known to you.

General

These Policies are designed to assist in protecting the Service and our Users from improper and/or illegal activity using the Service. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Definitions

As used in this Acceptable Use Policy, the terms shall have the respective meanings set forth below:

"Infocrossing" includes, without limitation, Infocrossing and any division, subsidiary, affiliate, or parent corporation of any of the foregoing. "Infocrossing Service" includes, without limitation, Infocrossing's networks, and all systems, services, and products that utilize, or are utilized in connection with, Infocrossing's service.

Rights of Infocrossing

If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User's access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the Infocrossing Service is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies.

Questions, Comments, or Complaints

If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Infocrossing at: abuse@Infocrossing.com. Any complaints regarding prohibited use or other abuse of the Infocrossing Service, including violations of this Acceptable Use Policy, should be sent to Infocrossing.

Configuration

All users of the Infocrossing Service are responsible for configuring their own systems to provide the maximum possible accountability. Infocrossing shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Infocrossing. For example, users should maintain logs of dynamically assigned IP addresses as well as date and time stamps of all network address translations.

Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.

UCE/Spamming/Mailbombing

A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail "UCE" and is prohibited. In addition, "spamming" or "mailbombing" is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the Infocrossing network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spoofing/Fraud

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.

USENET Postings

All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited. Disrupting newsgroups with materials, postings, or activities that are (as determined by Infocrossing in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup's name, FAQ, or charter.

Illegal Activity

Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, Infocrossing complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

Other Prohibited Activities

The following activities are also prohibited:

Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Infocrossing reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."

Modifications

Infocrossing reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.

Excessive Usage

If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

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