NeoSpire Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is incorporated into the Master Agreement and all of Customer’s other written agreements with NeoSpire in order to enable NeoSpire to provide its customers with secure, reliable services.

NeoSpire reserves the right to audit, test, investigate, and otherwise monitor Customer’s compliance with this AUP. NeoSpire may block some or all of Customers network traffic that violates the requirements of this AUP. Customer’s violation of this AUP may result in suspension or termination of services in accordance with Customer’s agreement with NeoSpire, and NeoSpire may immediately terminate the Master Agreement in the event of Client’s breach of this AUP. No credits will be available under a NeoSpire service level guaranty or agreement for interruptions of service resulting from AUP violations.

NeoSpire has the right to seek legal remedies for any damages, costs or expenses that may be incurred as a result of a violation of this AUP. NeoSpire may notify law enforcement agencies and provide evidence of any activity to which NeoSpire believes may constitute an illegal act.

Definitions

“PII” or “Personal Identifying Information” means information that is not lawfully made available to the public from the United States federal government, or any state or local government of the United States that alone, or in conjunction with other information, identifies an individual, including, without limitation, an individual’s:

1. a. name, social security number, date of birth, or government-issued identification number;
2. b. mother’s maiden name;
3. c. unique biometric data, including the individual’s fingerprint, voice print, and retina or iris image; and
4. d. unique electronic identification number, address, or routing code.

“SPI” or “Sensitive Personal Information” means information that is not lawfully made available to the public from the United States federal government, or any state or local government of the United States containing an individual’s:

1. a. social security number;
2. b. driver’s license number or government-issued identification number; or
3. c. account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account.

“PHI” or “Protected Health Information” means individually identifiable health information including, without limitation, all information, data, documentation, and materials, including without limitation, demographic, medical and financial information, that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

All other capitalized terms used in this AUP shall have the meaning given in the Master Agreement or any Incorporated Agreement other than this AUP.

E-mail Use

Customer must comply with the CAN-SPAM Act of 2003 and other local, state, federal, and international laws and regulations applicable to the transmission of email. The following restrictions apply to any bulk or commercial email sent by Customer using the Services and any bulk or commercial email sent by Customer or on behalf of Customer that directly or indirectly references or referrers the recipient to a site or email address hosted using the Services, even if such emails were prepared and delivered by third parties.

Prohibited Activites

Customer is responsible for ensuring that the Services are not used to engage in, foster, or promote illegal, abusive, or irresponsible behavior (“Prohibited Activities”), including without limitation:

Offensive Content

Customer may not use the Services to store, transmit, or process, without limitation, any material, or links to material, that NeoSpire reasonably believes:

Shared Systems

Customer may not use any shared system provided by NeoSpire in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system.

Malicious Content

Customer agrees that NeoSpire may quarantine or delete any data stored on a system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system, other systems, or other customers’ data.

IP Address Assignments

Customer may only use IP addresses assigned to Customer by NeoSpire in connection with the Services. Customer agrees that should any NeoSpire IP addresses assigned to Customer become listed on an abuse database, such as Spamhaus, Customer will be in violation of this AUP, and NeoSpire may take reasonable action to protect its IP addresses, including suspension and/or termination of the Services, regardless of whether the IP addresses were listed as a result of Customer’s actions.

Violations

NeoSpire retains the sole right to determine whether a violation of this AUP has occurred. In general, NeoSpire will attempt to work with Customer to address violations of this policy in accordance with the steps outlined below, but is not required to do so. However, based on NeoSpire’s perceived severity of the violation, or alleged violation, or the number or nature of complains received, NeoSpire, at its sole discretion, has the absolute right to immediately terminate some or all of the Services.

NeoSpire will attempt to contact Customer’s administrative contacts and describe any violation to which NeoSpire becomes aware. In general, Customer’s administrative contacts will receive an email with the information and NeoSpire may also contact Customer’s administrative or other contacts should NeoSpire feel that the severity of the violation warrant an immediate response by Customer. NeoSpire will define a specific timeframe within which Customer must cure the violation. If, in NeoSpire’s sole discretion, the violation, or alleged violation, is such that NeoSpire elects not, or is unable, to contact Customer, NeoSpire may take whatever steps it deems appropriate under the circumstances.

Notwithstanding anything to the contrary herein, or the enforceability thereof, NeoSpire reserves the right to immediately suspend and/or terminate some or all of the Services and the Master Agreement without notice to, or the consent of, Customer, if NeoSpire, in its sole discretion, deems such suspension necessary to protect its systems, facilities, or interests or those of its customers or third parties, including without limitation in response to any perceived threat of computer virus or attack, on or against NeoSpire’s systems or network; provided, however, that NeoSpire will use commercially reasonable efforts to notify Customer prior to such suspension or termination.

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