Capitalized terms used in this AUP but not defined shall have the meanings given to them in the Neumob Master Services Agreement (“MSA”) which refers to this AUP.
A. Neumob exercises no control whatsoever over Customer Content, and therefore it is Customer”s sole responsibility to ensure that the Customer Content complies with all applicable laws and regulations.
B. The Neumob Network and Services may only be used in accordance with the MSA and this AUP. Customer and its users will comply at all times with all applicable laws and regulations and Neumob” operating procedures. Customer agrees that at all times it will abide by, and its use of the Services is subject to, this AUP.
C. In addition to any other remedies available at law, in equity or in the MSA, Neumob may, in its sole discretion, immediately and without notice to Customer or its users, (i) terminate the MSA, or (ii) suspend, block access to, or restrict Customer”s access to the Services and the Neumob Network to comply with any law, regulation, court order, other governmental request or order requiring immediate action; to prevent interference with, damage to, or degradation of the Neumob Network; to eliminate a hazardous condition; if Customer”s usage in a given month exceeds five (5) times the Customer”s Monthly Committed Usage as set forth on the applicable Order Form; or if required by a Neumob vendor or supplier. Customer shall not be relieved of its payment obligations hereunder for any termination or suspension by Neumob in accordance with this Section that is the fault of or attributable to Customer. Neumob may take such further action as Neumob determines to be appropriate under the circumstances to eliminate or preclude repeat violations. Neumob shall not be liable for any damages of any nature suffered by Customer, or any user or third party affected by the unavailability of the Services to Customer, for actions taken pursuant to this AUP.
D. The Neumob Network, Neumob Technology and Services must be used in a manner that is consistent with their respective specifications and intended purposes. Customer or its users shall not use the Neumob Network, Neumob Technology or Services to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Neumob Network, Neumob Technology, Services or other Neumob” customers; or (c) that may expose Neumob to criminal or civil liability. Customers and its users are prohibited from facilitating the violation of any part of the MSA, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates the MSA.
E. Customer and its users shall not use the Neumob Network, Neumob Technology or Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Neumob, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. Material accessible through and technology used to provide the Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers and its users shall not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights.
F. Customer and its users shall not use the Neumob Network, Neumob Technology or Services to transmit, distribute or store material that may be harmful to or interfere with the Neumob Network, Neumob Technology or Services or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, spyware, “malware,” or Trojan horses.
G. Customer and its users shall not use the Neumob Network, Neumob Technology or Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customer and its users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
H. Customer and its users shall not use the Neumob Network, Neumob Technology or Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints or are prohibited under applicable laws (“spam”). Further, Customer and its users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Neumob Network and Services. In addition, Customer and its users shall not use the Neumob Network, Neumob Technology or Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
I. Customer and its users may have access through the Neumob Network, Neumob Technology or Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Customers and its users must adhere to any such rules, guidelines, or agreements.
J. Customer and its users shall not use the Neumob Network, Neumob Technology or Services to conduct activities that may be harmful to or interfere with the Neumob Network, Neumob Technology or Services or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Customer and its users are prohibited from violating or attempting to violate the security of the Neumob Network, Neumob Technology or Services or the computers, accounts, or networks of another party. Customer and its users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Neumob will investigate such activity, and Customer is advised and acknowledges that Neumob may involve and cooperate with law enforcement authorities in prosecuting Customer or its users involved in such activity.
Complaints regarding violations of this AUP should be directed to firstname.lastname@example.org. The complaint should include the IP address used to commit the alleged violation, the date and time of the alleged violation, evidence of the alleged violation, and your contact information.