Welcome to this site operated by NOCIX, LLC, its subsidiaries and affiliates ("NOCIX, LLC", "NOCIX", "we", "our" and "us"). This site offers a wide variety of products and services which may be accessed through the site ("Site"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees, agents, customers, contractors or entities you represent ("end users").
PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY. By accessing or using our Site or Service in any way you are agreeing to comply with this Acceptable Use Policy, including any documents and guidelines incorporated by reference (referred to collectively as the "Agreement" or "Acceptable Use Policy" or "AUP"). This AUP, in addition to the NOCIX, LLC Customer Agreement, governs your access to and use of the Service Offerings and is an agreement between NOCIX, LLC and you. This Agreement takes effect when you order a Service Offering or click any "I Accept" button or check box or when you use any of the Service Offerings or when you access and use our Site (the "Effective Date").
This AUP is an integral part of our agreement with you and is designed to protect NOCIX, LLC, its customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. This AUP includes a non-exclusive list of actions prohibited by NOCIX.
1.1 You represent to us that you are lawfully able to enter into contracts and are at least 18 years of age. If you are entering into this Agreement for an entity, such as a company, you represent to us that you have legal authority to bind that entity. If you are not at least 18 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the Site.
2. CHANGES TO THE AUP TERMS OR THE SITE.
2.1 We may change or modify this AUP from time to time without notice other than posting a revised version on the Site or by notifying you by email or on your invoice. The amended terms will become effective upon posting or, if we notify you by email or invoice, as stated in the email or invoice message. Your continued use of the Service Offerings after the Effective Date of any changes to the AUP shall constitute your consent to the changes and your agreement to be bound by the modified terms. We reserve the right to change, modify or discontinue, temporarily or permanently, the Site, the AUP, the Customer Agreement and the Service Offerings, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service Offerings, the AUP, the Customer Agreement, or the Site. It is your responsibility to check the Site regularly for modifications to this AUP. We last modified this AUP on the date listed at the end of this AUP.
3. YOUR RESPONSIBILITIES
3.1 Content. You are solely responsible for the development, maintenance, use and backup of Your Content. You must confirm and monitor compliance of your content with this AUP, the law, the Digital Millennium Copyright Act, and any claims or notices sent to you claiming that your content infringes on any person's rights.
3.2 Security and Backup. You are solely responsible for configuring and using the Service Offerings. You are solely responsible for taking any and all steps to maintain security, protection and backup of your content. We recommend that you routinely archive your content and data on a daily basis in order to protect it in case of equipment failure or accidental loss caused by equipment, network, human error, or power outage. Your failure to maintain a routine backup schedule to a remote backup location could result in a total loss of your data and is not considered an acceptable business practice.
3.3 Violations. Any action that you knowingly or unknowingly permit any person or entity to take related to this AUP or your content or use of the Service shall be deemed an act by you. You will ensure that all End Users comply with this AUP. If you become aware of a violation of this AUP by an End User, you agree to immediately terminate such End User's access to your content and the Service Offerings.
4. ACCEPTABLE USE VIOLATIONSProhibited activities or content include, but is not limited to, the following:
4.1 Generally. You may not use, or encourage, promote, facilitate or instruct others to use, the Service Offerings or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
4.2 Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating, storing or promoting child pornography. You may not use Service Offerings in the commission of any crime that violates the laws of any local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and your use of our Service Offerings available to law enforcement with or without your consent or knowledge. This includes material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
4.3 Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices, or obtaining or attempting to obtain Service by any means or device with intent to avoid payment.
4.4 Infringing Content. You may not upload any material that violates or infringes on the copyright, trade secret or intellectual property rights or trademark rights of any individual or organization.
4.5 Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, an invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, expresses bigotry or hatred, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group. Content including nude art, pornography, sex-related merchandising and links to such sites elsewhere that are permitted by the laws in the city of Kansas City, the state of Missouri and the country of the United States of America comply with acceptable use.
4.6 Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software and texts or communications that educate or encourage this activity and/or use are also prohibited.
4.7 No Security Violations. You may not use Services Offerings to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a "System"). Prohibited activities include: (i) Accessing any System or account or computer resource without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; (ii) Monitoring data or traffic on a System without permission; (iii) Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin; and (iv) Alteration, destruction, or any attempt thereof, of any information of NOCIX customers or end users by any means of device. This prohibition includes the use of aliases or anonymous remailers.
4.8 No Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: (i) Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; (ii) Denial of Service (DoS) - Inundating a target with communication requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective (e.g. synchronized number sequence attacks); (iii) Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, unsolicited bulk emailing, initiation of pinging, news bombing, broadcast attacks, stress testing, port scanning, or flooding techniques; (iv) Operating network services like open proxies, open mail relays, or open recursive domain name servers; (v) Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; (vi) Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue; (vii) IRC websites and IRC servers are prohibited; (viii) You may not upload ROMs and Emulators; (ix) You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN's are strictly prohibited.
4.9 No Unconfirmed Mailing Lists, Unsolicited Bulk E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail ("UBE") or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not reference Us in any unsolicited email that you send. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any NOCIX hosted domain, or referencing any NOCIX account, is prohibited.
4.10 Multiple Tickets. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system.
4.11 Communications with NOCIX. Swearing, threats, and other abusive language is not acceptable when communicating with our valuable team members.
4.12 Spamhaus Register. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
5.1 Our Monitoring and Enforcement of Acceptable Use. We reserve the right, but do not assume the obligation, to investigate any violation of the Acceptable Use Policy or misuse of the Services Offerings or Site. We may:
5.2 Reporting of Violations of the Acceptable Use Policy. If you become aware of any violation of the Acceptable Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use our ticketing system.
6.1. AUP Violations Result in Termination. We may immediately terminate your Service without notice if there is a breach of this AUP or for any other reason. Upon termination of Service all your rights immediately terminate and you remain responsible for all fees incurred through the date of termination, including fees for in-process tasks. You understand and agree that SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
6.2 Post-Termination Assistance. Any post-termination assistance from us is in our sole discretion and subject to our agreement in writing from a manager. Communications from our customer service representatives through the ticketing system do not constitute our agreement to any post termination assistance. Termination erases all of Your Content and as such we are unable to assist in retrieving any lost data; and you will be unable to retrieve Your Content from the Services.
7. AUP VENUE
7.1 Governing Law; Venue; Attorney's Fees. This AUP shall be construed in accordance with, and governed in all respects by, the internal laws of the State of Missouri, without regard to choice of law principles. Any dispute arising from this AUP shall be governed by the laws of the State of Missouri, and shall be decided solely and exclusively by State courts located in Clay County, Missouri or Federal Court within the County of Jackson. Any Party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney's fees, and the party prevailing in any such dispute shall be awarded its attorneys' fees. You consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. You authorize us to file a copy of this Section 7/1 in any proceeding as conclusive evidence that you consented to venue.