1.1 This Acceptable Use Policy (‘AUP’) sets out the rules that apply when you use the systems, services and equipment provided by Pure Cloud Solutions (PCS) in connection with PCS services.
1.2 This AUP forms part of the Master Services Agreement (‘MSA’) between you (‘you’ ‘your’) and Elite (‘us’, ‘we’, ‘our’).
1.3 We may amend or substitute this AUP at any time. Please check this AUP from time to time to check whether it has been amended or substituted. Your continued use of the PCS services constitutes your acceptance to the amended or substituted AUP.
2.1 You must not and you must not allow any end users to use PCS’s services:
a. for any unlawful purpose or in any way which is to the detriment of other internet users;
b. to send, receive or store any material which is offensive, indecent, defamatory or menacing (as reasonably determined by PCS);
c. to cause annoyance, nuisance, inconvenience or needless worry to, or interfere with the rights of, any other person;
d. to perform any illegal activity;
e. to break, or try to break, the security of anyone else’s equipment, hardware or software;
f. deliberately receive, use, own, post, transmit or publish obscene material;
g. to use any Internet Protocol (IP) address that PCS has not assigned to you. You may not use the internet connection we provide to harm the service of another internet user or impersonate another user, whether on our network or external to our network.
h. to send, receive or store any material which infringes copyright, trademark or other any other intellectual property law;
i. to upload, post, publish or transmit any information or software that is protected by copyright or other ownership rights without the permission of its owner;
j. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
k. to run open mail relays or open web proxies or similar services that can allow unknown third parties to use your connection for (possibly) commit unlawful acts without your knowledge or control;
l. to modify identifying network header information in order to deceive or mislead.
2.2 In addition to the MSA, you must and you must ensure that you, or your end users use the services in accordance will all applicable law.
3.1 You cannot and you must ensure your users do not use any PCS service to:
a. send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited email;
b. send an offensive, indecent, racist or harassing message to another user of the Internet, including any message which is offensive to people on the grounds of gender, race, colour or religion;
c. send messages for the purpose of fraud and/or with the intention of committing a criminal offence;
d. send unsolicited promotional or marketing material; or
e. chain letters or pyramid selling schemes.
3.2 You must ensure that your use and your end users’ use of mail does not adversely affect the proper functioning of PCS systems, including where mailboxes:
a. receive large volumes of undeliverable mail;
b. have forwarders set to other mailboxes where mail cannot be delivered or have forwarders or auto-responders that generate circular loops.
If you run a mailing list using our services, you should comply with Linx Current Best Practice. You are responsible for keeping records to show that each subscriber has given their consent to their inclusion on the mailing list.
4. Internet Access
4.1 You must not and you must ensure that your end users do not use your Internet connection, or allow or enable another person to use your Internet connection, to:
a. attempt network scan, denial of service attack or any other possible hacking activities; or
b. send any email that breaches section 2 of this policy.
4.2 You must not and you must ensure that your end users do not use our services to send data which has forged addresses or which is deliberately constructed to adversely affect remote machines. You must not configure your PC as an open relay system.
4.3 You must ensure that any system you connect to the Internet conforms to all applicable Internet Engineering Task Force (IETF) standards.
5.1 Where PCS provides you with dedicated access to a server, you are responsible for the activities and security of the server. Where you have purchased security service from PCS, PCS shall be only be responsible for the security measures described in your contract.
5.2 PCS may disconnect your server where:
a. it is used to interfere or attempt to interfere with the service of others (including such use is result of virus infection);
b. PCS reasonably believes that the server has been compromised; or
c. where there is a sudden increase in the server’s use of network capacity which impacts other servers on the network.
6. Suspension and Termination
6.1 The MSA you have with PSS requires you to comply with this Acceptable Use Policy. If you do not do so, PCS may suspend or terminate your service.
6.2 PCS may run manual or automatic system tests (including scanning for open mail relays or unsecured proxy servers) to assess compliance.
6.3 Although PCS reserves its right to immediately suspend or terminate services which have been used in breach of this policy, provided that the breach does not require immediate remedy, PCS will usually contact you during business hours to inform you of the actions needed to resolve the issue before it suspends service. Otherwise, if urgent action is required, PCS will contact you after suspension to advise what actions you need to take to rectify the situation.
6.4 Restoration of any and all services suspended as a result of breach of this policy will be considered on a case-by-case basis. PCS will not restore a service where there is history of similar misuse:
6.5 You are responsible for keeping your contact details with PCS up to date. Where PCS is unable to contract you at an address you have given, it will address any email correspondence to ‘postmaster’ at your domain address/es.
7. Internet Watch Foundation
PCS abides by any ‘notice and take down’ recommendations communicated to Elite by the Internet Watch Foundation.