Acceptable Use Policy

Last Updated: November 12, 2014

Purpose and Scope. This Acceptable Use Policy (this “Policy”) describes activities that are not allowed using the Peak 10, Inc. (“Peak 10”) network, infrastructure, systems or services (collectively, “Services”). This Policy is applicable to customers of Peak 10 who have executed a services agreement, customer clients/end users, partners of Peak 10 and their end users, Peak 10 employees and any other third party users of the Services (collectively “Users”). For purposes of this Policy, “you” means the Peak 10 customer, partner, end user, employee or other third party user of the Services. The purpose of this AUP is to ensure the appropriate use of the Services by you and to help protect you and all other Users from the consequences of malicious Users or attacks. Peak 10 reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Peak 10’s Web site or otherwise communicated to you directly.  If you are a customer of Peak 10, this Policy is incorporated by reference into your services agreement with Peak 10 (“Agreement”).

General Conduct. You shall only use Services in a manner that is consistent with the intended purpose of the Services and only for lawful purposes. You shall not use the Services to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Peak 10 to criminal or civil liability. You shall not assist any other person in violating any part of this Policy.

Responsibility for Content. Peak 10 is not responsible for any material created, stored, distributed or accessible on or through the Services (“Content”). Peak 10 is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Peak 10 reserves the right to block access to such material and suspend or terminate the Services in the event Peak 10 determines, in its sole discretion, that Content may expose Peak 10 to civil or criminal liability. Peak 10 may cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing your identity. To the extent you use Peak 10 cloud-related Services, all Microsoft® licenses must be provided by Peak 10 unless specifically approved by Peak 10.  In all events, you will provide Peak 10 with a count of all Microsoft licenses used by you in connection with the Services.

Prohibited Use & Content. You may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use, or to transmit, distribute or store material that is illegal, harmful or offensive (as reasonably determined by Peak 10). Without limitation, you may not utilize the Services:

  1. to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  2. to infringe, violate, dilute or misappropriate any intellectual property rights, including copyrights, patents, trademarks, trade secrets or other proprietary information (“Intellectual Property Rights”)
  3. to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  4. to export software to points outside the United States in violation of applicable export control laws;
  5. to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Peak 10 network, any other network or equipment, or other Users;
  6. to transmit or distribute fraudulent, deceptive or misleading materials or to advance any type of financial scam;
  7. in violation of any applicable law; or
  8. in a manner that exposes, or may expose Peak 10 or its Users to abuse, complaints, retaliation, connectivity issues or other negative impact.

System and Network Security. You may not violate or attempt to violate the security of the Peak 10 network, including, without limitation:

  1. accessing data not intended for you or logging into a server or account which you are not authorized to access;
  2. falsely representing yourself or impersonating Peak 10 personnel;
  3. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  4. attempting to interfere with, disrupt or disable service to any user, host or network, including
    • taking any action in order to obtain Service to which you are not entitled; or
    • attempting to utilize another user’s account name or persona without authorization from that user; or
  5. attempting any action designed to circumvent or alter any method of measuring or billing for Services

Violations of system or network security may result in civil or criminal liability. Peak 10 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting individuals or entities who are involved in such violations.

System and Network Performance. You are prohibited from taking any action, intentional or unintentional, which will negatively impact a multitenant environment, such as cloud or network services, as a whole.

Suspension and Termination of Service. If Peak 10 determines that you violated this Policy, you may be subject to a partial or full suspension or termination of Service.  Peak 10 may take such further action as Peak 10 determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Peak 10 shall not be liable for any damages of any nature suffered by any you, any User or any third party resulting in whole or in part from Peak 10’s exercise of its rights under this Policy.

E-Mail Specific Provisions. You must comply with the CAN-SPAM Act of 2003 and other applicable laws and regulations applicable to commercial e-mail. In addition, your e-mails must meet the additional requirements below. You may not use the Services to: send unsolicited e-mail messages, including, without limitation, commercial advertising or informational announcements (“spam”); send e-mail messages which are excessive and/or intended to harass or annoy others; send malicious e-mail; or send or receive e-mail messages in a manner that violates the use policies of any other internet service provider. An e-mail message will be considered unsolicited if it is (i) considered unsolicited under any applicable local, state, or federal law or regulation or (ii) is sent to a recipient: who has not expressly requested or invited it; with whom the sender does not have an existing business or personal relationship; or who has requested that the sender not send them any further messages. You are prohibited from using the service of another provider to send spam or promote a site hosted on or connected with the Services.

Protection & Content Transmission. Good Faith Efforts to Block Transmissions. Peak 10 shall not be held liable under any applicable law, for any action it takes in good faith to block the transmissions or receipt of prohibited content or suspension due to non-compliance with this this Policy.
Innocent Retransmission. Peak 10 and the facilities which are used to handle, transmit, retransmit, or relay any content transmitted in violation of this Policy shall not be liable for any harm resulting from the transmission or receipt of such content. Peak 10 may consent to exceptions to the Policy with written approval, on a case by case basis. Exception requests, such as for penetration testing, must be submitted in writing, and reviewed and approved by [the Peak 10 Abuse Response Team].

AUP Enforcement. The Policy will be published and maintained on Peak 10’s public website http://peak10.com/. Peak 10 may suspend or terminate Services for violations of this Policy. Peak 10 will make reasonable attempts to discuss and resolve any violations. Nothing in this Policy shall be construed to prevent or limit, in any way, a provider of Internet access service from enforcing, pursuant to any remedy available under any other provision of Federal, State, or local criminal or civil law, a policy regarding Acceptable Use.
How to Report a Violation. To report a violation of this Policy, please e-mail abuse@peak10.com.