Formulus Black Corporation (“Formulus Black”) has adopted this Acceptable Use Policy (the “Policy”) to define the scope of prohibited activities relating to the use of Formulus Black’s services (the “Services”) by customers of Formulus Black (“Customers”) and by users that have gained access to the Services through Customer accounts or who have been granted access to Customer Services via their own accounts (“Users”).
By using the Services, each Customer and its Users acknowledge that they are responsible for compliance with the Policy. Accordingly, each Customer is responsible for violations of the Policy by any User that accesses the Services through the Customer’s accounts. Although Formulus Black does not intend to control or monitor any User’s online experience or the content of their online communications, Formulus Black reserves the right to edit or remove content that violates (or may violate) the Policy or that otherwise appears to be unlawful, harmful or offensive. The Policy applies to all aspects of the Services. For purposes of the Policy, Formulus Black includes Formulus Black and all of its affiliates (including direct and indirect subsidiaries and parents).
“Formulus Black Network” includes, without limitation, Formulus Black’s constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. As used in this Policy, any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. This Policy is designed to assist in protecting the Formulus Black Network, the Service, Users and the Internet community as a whole from improper and/or illegal activity over the Internet, to improve Services and to improve Services offerings. In situations where data communications are carried across networks of other Internet Service Providers (ISPs), Users of the Formulus Black Network must also conform to the applicable acceptable use policies of such other ISPs.
Formulus Black’s Services shall at all times be used in compliance with all applicable laws. Accordingly, Formulus Black strictly prohibits the use of Services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the Formulus Black Network. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A User may not use the Services to monitor any data, information or communications on any network or system without appropriate authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users.
Formulus Black’s Services may not be used to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. In addition, Formulus Black prohibits the use of the Services for any “spamming” or “mailbombing” activities. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to the Formulus Black Network, is similarly prohibited. Likewise, a User may not use the Services to collect responses from mass unsolicited e-mail messages. Formulus Black may in its sole discretion rely upon information obtained from anti-spamming organizations (including for example and without limitation spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active “spam operation” for purposes of taking remedial action under this Policy.
Formulus Black prohibits Users from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is also prohibited.
Formulus Black also prohibits Customers and Users from using the Formulus Black network for any of the following activities:
The prohibited activities set forth above are not an exhaustive list and Formulus Black reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this Policy or otherwise may be harmful to Formulus Black’s Network, its Customers, or Internet users.
Formulus Black reserves the right to suspend and/or terminate a Customer’s Services or a User’s access to the Services in the event that a User engages in conduct which Formulus Black, in its sole discretion, determines is in violation of the Policy or is otherwise illegal or improper. Formulus Black generally will attempt to notify the Customer of any activity which it deems to be in violation of the Policy and will request that the Customer take whatever steps necessary to get the User to cease such activity; however, in cases where the operation of the Formulus Black Network is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Service, harassment or copyright infringement, Formulus Black reserves the right to suspend or terminate your Services or the User’s access to the Services without notification. In addition, Formulus Black may take any other appropriate action against you or a User for any violation of the Policy. Formulus Black also reserves the right to avail itself of the safe harbor provisions of the Digital Millennium Copyright Act. Formulus Black does not have any liability to any party for any violation of the Policy.
Formulus Black will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity on the Formulus Black Network. Formulus Black reserves the right to disclose customer information to the extent authorized or required by federal or state law. In those instances involving child pornography, Formulus Black complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Formulus Black reserves the right to install and use, or to have Customers install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Services. By accepting and using the Services, Customers consent to allowing Formulus Black to collect bandwidth statistics, traffic headers and payloads, and routing information in the normal course of business, and to use such information for general business purposes, including billing, monitoring, network security, and customer service.
Formulus Black reserves the right to modify this Policy at any time with or without notice. Formulus Black will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on the Formulus Black Website. Any such modifications shall be effective and applied prospectively from the date of posting.
Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. Customers agree immediately to notify Formulus Black of any unauthorized use of their account or any other breach of security known to them. If a Customer becomes aware of any violation of this Policy by any person, including Users that have accessed the Service through their account, the Customer is required to notify Formulus Black. In addition, all Users of the Formulus Black Network are responsible for notifying Formulus Black immediately if they become aware of any other event that may negatively affect the Formulus Black Network, including but not limited to, any threatened “denial of service” attack, unauthorized access, or other security events. Customers are financially responsible for all traffic to and from their Formulus Black servers, at previously agreed upon rates, including in cases of Denial of Service (DoS) and unauthorized access.
All Users of the Formulus Black Network are responsible for configuring their own systems to provide the maximum possible accountability. Formulus Black shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Formulus Black. For example, Users should configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Users should maintain logs of dynamically assigned IP addresses. Users of the Formulus Black Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a User’s site be violated, the User is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
In most cases, Formulus Black will notify Customer(s) of complaints received regarding an alleged violation of this Policy. Customers agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. Formulus Black may inform the complainant that a Customer is investigating the complaint and may provide the complainant with the necessary information to contact the Customer directly to resolve the complaint. The Customer shall identify a representative for the purposes of receiving such communications.
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Formulus Black makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”
The use of the Formulus Black Network by a Customer of Formulus Black is subject to the terms and conditions of any agreements entered into by such Customer and Formulus Black. This Policy is incorporated into such agreements by reference.
FORMULUS BLACK ACCEPTABLE USE POLICY