BITGRAVITY ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of the BitGravity, Inc (“BitGravity”) network and systems, and its services, software and products. These guidelines are not intended to be comprehensive, but merely illustrative of examples of conduct deemed to be inappropriate, improper or harmful to BitGravity. This AUP may be modified at any time by BitGravity in its sole discretion.

Use

BitGravity’s Internet services may be used only for lawful purposes and in a manner consistent with the permitted use of BitGravity’s network and services. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. BitGravity takes no responsibility for any content created, accessible or delivered on or through its network or services. BitGravity does not monitor or exercise any editorial control over such content.

A customer or user may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the BitGravity network or services, or use such network or services with or for the benefit of any third party, other than Internet end users. Customers and users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for use of the BitGravity network or services.

Use of the BitGravity network or services to violate or attempt to violate the security of a system or network is strictly prohibited, whether that of the BitGravity network or services or a third party’s network or services. Such behavior may result in civil and criminal liability. Examples of prohibited behavior include:

• Unauthorized access to or use of of data, servers, accounts, databases, etc., including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  
• Impersonating BitGravity or third-party personnel
  
• Interfering, or attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, mailbombing, flowing denial of service (DOS) attacks
  
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  

Usenet and E-mail

The BitGravity network and services shall not be used to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements, or the same or similar message to one or more newsgroups or recipients (“spam”). In addition, a user shall not use the service of another provider to send spam, or use another site’s mail server or system to relay e-mail without such site’s express permission.

The BitGravity network and services shall not be used to (a) send e-mail messages or USENET postings that are intended to harass or annoy others, (b) continue to send e-mail messages or USENET postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or USENET postings with forged header information.

The foregoing restrictions also apply to any email or content transmitted by a user or on a user’s behalf that uses BitGravity’s network or services, or which indicates in any way that BitGravity was involved in the transmission of such email or content.

Remedies

If a customer becomes aware of any activity that violates this AUP, it shall take all necessary action to prevent such activity from involving BitGravity. BitGravity may, in its sole discretion, immediately block access to such activity or content that violates this AUP, suspend or terminate any affected services, or take any other actions it deems appropriate. BitGravity shall not be liable for any damages of any nature suffered by any person or entity resulting in whole or in part from BitGravity's exercise of its rights under this AUP. BitGravity may, in its sole discretion, charge a customer or user at its standard rates for the time and expenses involved in handling violations of this AUP.

Reports

Complaints about any violation of the above should be sent to abuse@bitgravity.com.