Acceptable Use Policy ("AUP")
1. General
Attenda ("Attenda") provides managed hosting services for client's websites and business critical applications and other related services (each, a "Service" and collectively the "Services"). A "Client" is any party who purchases a Service from Attenda. The "Client's Personnel" consists of its employees, agents, sub-contractors (other than Attenda) and the Client’s own customers
This policy defines the Acceptable Use of the Services with a view of ensuring the integrity, security and reliability of Attenda network, systems, products, services, server hosting facilities and data contained therein (collectively, the "Attenda Network").
2. Prohibited Activities
It is contrary to Attenda policy for any of its Clients or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.
Each of the below practices (each, a "Prohibited Activity") and any other similar activities constitutes abuse of Attenda's Services, network and facilities and interferes with other Service users. Accordingly, the Client shall not and ensure that the Client Personnel shall not:
Unauthorised Use: Obtain or attempt to obtain unauthorised access to any account or computer resource not belonging to that user;
Alteration of Information: Engage in or attempt unauthorised access, alteration, corruption or destruction of information belonging to Attenda and/or any Attenda Client or falsifying user or other Service related information;
Interference to Network etc: Use Attenda Services to interfere with or degrade any service to any user, host or network, deliberately attempting to overload a service and/or attempting to crash a host, including but not limited to flooding networks, sending unsolicited bulk e-mail, denial of service attacks and mail bombing;
Interference to Communications: Use any kind of program, script or command, or send messages of any kind, that are designed to or that cause any other party to interfere with a user’s data communications, regardless of means, whether locally or via the Internet;
Covert Transmissions: Intentionally omit, delete, fraudulently amend or misrepresent information transmitted or to be transmitted through the Services, including but not limited to headers, return-address information and Internet Protocol addresses ("spoofing"), or taking any other action intended to conceal the identity or contact information of the Client or its users;
Breach of Security: Store and/or distribute materials and/or tools intended to breach or infiltrate security arrangements or engage in any activity which may threaten the security or integrity of any network or service (including but not limited to transmission of worms, viruses, logic bombs, Trojan horses, and other malicious codes and accessing any device or data without proper authorisation);
Inappropriate Software Products and Services : Allow the Services to be used to promote illegal activities including allowing, permitting or facilitating the transmission, promotion or otherwise making available any software product or service that is either illegal or designed to cause or facilitate the hacking of any site.
Inappropriate Content: Allow the Services to be used for publishing or transmitting content which is inappropriate or otherwise in breach of applicable law. The Client shall immediately implement a "notice and take down" procedure in respect of any content which is or may be reasonably considered to be inappropriate or in breach of applicable law which the Client's Personnel (other than the Client's customers) becomes aware and shall notify Attenda accordingly.
Accepted internet standards: Engage in any activity that is likely to violate generally accepted standards of the internet, other networks conduct and usages, or codes of conduct including but not limited to any denial of service attacks, web page defacement, port and network scanning and unauthorised system penetrations;
Applicable laws: Failing to comply with any applicable law or regulation, (including but not limited to the posting or transmitting any material (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe or misappropriate another party's rights such as intellectual property rights).
3 . Rights and Remedies
Attenda may suspend and/or terminate a Client's Service at any time for any failure of Client, or the Client's Personnel to comply with this policy or for engaging (or permitting others to engage) in any Prohibited Activity or similar/related activity.
Nothing in this Acceptable Use Policy limits Attenda rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity. Attenda shall fully co-operate with any law enforcement authorities or court order requesting or directing Attenda to disclose the identity or locate anyone posting any material in breach of this policy .
4 . Password Protection
Users are responsible for protecting their password and for any authorised or unauthorised use made of their password. Users will not use or permit anyone to use Attenda's Service to guess passwords or access other systems or networks without written authorisation. If a user suspects that their password is known to another person, then they shall contact Attenda immediately to arrange for a new password to be issued.
THE CLIENT SHALL INDEMNIFY AND KEEP ATTENDA INDEMNIFIED AGAINST ALL DAMAGES, CLAIMS, COSTS, LOSSES AND LIABILITIES SUFFERED OR INCURRED BY ATTENDA AS A RESULT OF ANY BREACH (OR ANY SUSPECTED BREACH) OF THIS POLICY
5. Modification of This Policy
Attenda reserves the right to change this policy from time to time.
WE RECOMMEND THAT YOU PRINT A COPY OF THIS POLICY FOR YOUR OWN REFERENCE PURPOSES
Issue Date: January 2009
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