Acceptable Use Policy

Acceptable Use Policy

FOGO DATA CENTER’s (FOGO’s) network may be used only for its intended purposes. Customers shall not use the FOGO network for the transmission, distribution or storage of material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that is harmful or malicious to FOGO’s network or any other network or equipment or other users; or (3) that may expose FOGO to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy.

1. Inappropriate, Harmful or Misleading Content– Customers shall not use the FOGO network to transmit, distribute or store material that is inappropriate, harmful, fraudulent or misleading, as reasonably determined by FOGO. Without limiting the general application of this rule, Users may not use FOGO’s network: to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; to export encryption software the points outside the United States in violation of applicable export control laws; to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the FOGO network, any other network or equipment, or other Users; or to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

2. Intellectual Property– Material accessible through the FOGO network may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use the FOGO network in any manner that would infringe, violate, dilute or misappropriate any such rights. Any domain name used in connection with the FOGO network, shall not be used in violation of the trademark, service mark, or similar rights of any third party.

3. Unsolicited Messages– Customers may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“spam”), including, without limitation, actions such as using an email account on FOGO’s network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the FOGO network. In addition, Customers may not use the FOGO network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation,”mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relations; or (3) who has requested that the sender not send them any further messages.

4. Third Party Rules; Usenet– Customers may have access through the FOGO network to search engines, subscription Web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Customers must adhere to any such rules, guidelines, or agreements. Customers who post message to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “Usenet spam”), (b) cancel or supersede posts not originally posted by such customer, unless such customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Responsibility for Content– FOGO takes no responsibility for any material created or accessible on or through the FOGO network. FOGO is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that FOGO becomes aware that any such material may violate this Policy and/or expose FOGO to civil or criminal liability, FOGO reserves the right to block access to such material and suspend or terminate any customer creating, storing or disseminating such material. FOGO further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the customer that FOGO deems responsible for the wrongdoing.

System and Network Security– Customers are prohibited from violating or attempting to violate the security of the FOGO network, including, without limitation, (a) accessing data not intended for such customer or logging into a server or account which such customer is not authorized to access, (b) impersonating FOGO personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measure without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, mailbombing”, “denial of service” attacks or “crashing”, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such customer is not entitled, or (g) attempting to utilize another user’s account name or persona without authorization from that user. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for FOGO services. Violations of system or network security may result in civil or criminal liability. FOGO will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting customers who are involved in such violations.

Suspension and Termination of Service– Any customer which FOGO determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if FOGO deems it necessary, immediate suspension or termination of such customer’s service in accordance with customer’s Master Service Agreement. FOGO may take such further action as FOGO determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and FOGO shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from FOGO’s exercise of its rights under this Acceptable Use Policy.

FOGO reserves the right to modify this policy in its discretion at any time. Such modifications will be effective when posted to FOGO’s Web site or provided to the customer directly.