Acceptable Usage Policy

1. As a provider of Internet access and other Internet-related Services, CloudConnX offers its Customers, and their users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. 

2. CloudConnX respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, CloudConnX reserves the right to take certain preventative or corrective actions. 

3. In order to protect these competing interests, CloudConnX has developed this Master Acceptable Usage Policy (AUP), which supplements and explains certain terms of each Customer's respective Agreement and is intended as a guide to the Customer's rights and obligations when utilising CloudConnX Services. 

4. This Master AUP may be revised from time to time. A Customer's use of CloudConnX Services after changes to the AUP are posted on the CloudConnX web site, will constitute the Customer's acceptance of any new or additional terms of the AUP that result from those changes. 

5. One important aspect of the Internet is that no one person owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgement and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. 

6. When Customers obtain information through the Internet, they must keep in mind that CloudConnX cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Customers may acquire, to this respect CloudConnX acts as a mere conduit. For this reason, the Customer must exercise their best judgement in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. As CloudConnX cannot monitor or censor the Internet, and will not attempt to do so, CloudConnX cannot accept any responsibility for injury to its Customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. 

7. When Customers disseminate information through the Internet, they also must keep in mind that CloudConnX does not review, edit, censor, or take responsibility for any information its Customers may create. When Customers place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over CloudConnX network and may reach a large number of people, including both Customers and non-Customers of CloudConnX, Customers' postings to the Internet may affect other users and may harm CloudConnX’s goodwill, business reputation, and operations. For these reasons, Customers breach CloudConnX policy and the Agreement when they, their Customers or Users , affiliates, or subsidiaries engage in the following prohibited activities:

7.1. Spamming 
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward CloudConnX, but also because it can overload CloudConnX’s Network and disrupt Service to CloudConnX Customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, CloudConnX has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. 

7.2. Intellectual Property Violations 
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, Service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. CloudConnX is required by law to remove or block access to Customer content upon receipt of a proper notice of copyright infringement. It is also CloudConnX policy to terminate the privileges of Customers who commit repeat violations of copyright laws. 

7.3. Obscene Speech or Materials 
Using the CloudConnX network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. CloudConnX is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, CloudConnX’s Network.  

7.4. Defamatory or Abusive Language 
Using CloudConnX’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language. 

7.5. Forging of Headers 
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. 

7.6. Illegal or Unauthorised Access to Other Computers or Networks 
Accessing illegally or without authorisation computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). 

7.7. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities 
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of Service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Network or any connected network, system, Service, or equipment. 

7.8. Facilitating a Violation of this AUP 
Advertising, transmitting, or otherwise making available any software, program, product, or Service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of Service attacks, and piracy of software. 

7.9. Export Control Violations 
Exporting encryption software over the Internet or otherwise, to points outside the Customer’s country which is contrary to that respective country’s rules and regulations. 

7.10. Usenet Groups 
CloudConnX reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. 

7.11. Other Illegal Activities 
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. 

7.12. Other Activities 
Engaging in activities, whether lawful or unlawful, that CloudConnX determine to be harmful to its Customers, operations, reputation, goodwill, or Customer relations. 

8. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the Customer. CloudConnX will not, as an ordinary practice, monitor the communications of its Customers to ensure that they comply with CloudConnX policy or applicable law. 

9. Should CloudConnX become aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. 

10. CloudConnX is also is aware that many of its Customers are, themselves, providers of Internet Services, and that information reaching CloudConnX ‘s facilities from those Customers may have originated from users of the Customer or from another third-party. CloudConnX does not require its Customers who offer Internet Services to monitor or censor transmissions or web sites created by user of a Customer. CloudConnX does require the Customer to ensure that its users are governed by the same AUP or like for like AUP as provided in this document. CloudConnX has the right to directly take action against a user of a CloudConnX Customer but may choose to defer the initial point of action to the Customer. Also, CloudConnX may take action against the Customer because of activities of a user of the Customer, even though the action may affect other users of the Customer. Similarly, CloudConnX anticipates that Customers who offer Internet Services will co-operate with CloudConnX in any corrective or preventive action that CloudConnX deems necessary. Failure to co-operate with such corrective or preventive measures is a violation of this AUP. 

11. CloudConnX is also concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone Service, all of which can be intercepted and otherwise compromised. As a matter of prudence, CloudConnX urges its Customers to assume that all of their on-line communications are insecure. CloudConnX cannot take any responsibility for the security of information transmitted over CloudConnX’s facilities. 

12. CloudConnX will not intentionally monitor private electronic mail messages sent or received by its Customers unless required to do so by law, governmental authority, or when public safety is at stake. CloudConnX may, however, monitor its Service electronically to determine that its facilities are operating satisfactorily. Also, CloudConnX may disclose information, including but not limited to, information concerning a Customer, a transmission made using our Network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. 

13. CloudConnX assumes no obligation to inform the Customer that Customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, CloudConnX may disclose Customer information or information transmitted over its Network where necessary to protect CloudConnX and others from harm, or where such disclosure is necessary to the proper operation of the system. 

14. CloudConnX expects that Customers who provide Internet Services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Customer's failure to comply with those laws will breach this Agreement. CloudConnX wishes to emphasise that in signing this Agreement, Customers indemnify CloudConnX and agree to cover all reasonable legal fees for any violation of the AUP or law that results in loss to CloudConnX or the bringing of any claim against CloudConnX by any third-party as a result of the actions or inaction of the Customer or its users. 

15. We hope this AUP is helpful in clarifying the obligations of Internet users, including CloudConnX and its Customers, as responsible members of the Internet.