www.OnTheCloud.co
Acceptable Use
Policy
Thank you for choosing OnTheCloud.co as your
business partner. We've developed this Acceptable Use Policy (AUP) to help you
use the products, services and equipment provided by us (Services), and ensure
that you understand policies and procedures we have developed to comply with
certain laws and regulations. All users of the Service must comply with this
AUP. This AUP is made part of our Terms of Service (TOS). Your use and/or
continuation of the Service constitutes your acceptance of this AUP. It is your
responsibility, and contractual obligation, to ensure that your affiliates,
agents, and/or customers (End User(s)) comply with this AUP.
OnTheCloud.co reserves the right to refuse to
provide the Service at our sole discretion. You expressly understand that the
evolving nature of the Internet and on-line commerce makes it necessary for us
to reserve the right to make changes to this AUP at any time, and without
notice. This AUP may not represent all possible ways in which you or an End
User engage in unacceptable behavior. We reserve the right to determine, in our
sole and exclusive judgment, what activities are unacceptable. The version of
this AUP, available here, is the most recent version.
Notices.
Third parties who seek to inform us of violations
of this AUP are required to read it, abide by its terms, and send notices to
the appropriate address set out in this AUP. Notices sent to the wrong address
will be not be reviewed. We do not review anonymous complaints.
If you believe that our AUP has been violated, and
that the relevant paragraph addressing your concern does not have a particular
notification address in it, you may send your inquiry to: abuse@OnTheCloud.co.
As noted above, we do not review anonymous inquiries. Your notice must contain,
at a minimum, your first and last name, and either a working, monitored e-mail
address, or a working, monitored, telephone number.
Customers and End Users are solely responsible for
content.
We do not review, edit, censor, or take
responsibility for any information customers or End Users may create. Because
of this, we cannot, and do not, accept any responsibility from customers, End
Users, or third parties, resulting from inaccurate, unsuitable, offensive, or
illegal content or transactions. We specifically reserve the right to refuse to
provide the Service to customers or End Users engaged in the dissemination of
material that may cause us to be subject to attacks on our network, or that
while technically legal, run counter to our corporate principles. This type of
content may include, but is not limited to, racist, pornographic, hateful
material or those which create customer service or abuse issues for us.
Other Acceptable Use Policies may apply to you.
This AUP incorporates policies from other entities
who provide products through us to you. These policies are Òpassed throughÓ to
you by this AUP. You are strongly encouraged to review these policies prior to
agreeing to be bound by this AUP. We will provide you with information about
these policies on request.
You are required to provide us with accurate
information.
Individuals who contact us about this AUP, the
behavior of our customers, or for other purposes, are required to provide us
with accurate information to enable us to contact them and respond to their requests.
We do not respond to anonymous correspondence, and will refer individuals who
deliberately attempt to mislead us regarding their identity, or the basis for
their complaints, to appropriate law enforcement officials.
Use of the Service
The Service may be used for lawful purposes only.
Transmission, storage, or presentation of any
information, data or material in violation of any applicable law, regulation,
this AUP, or our TOS, is prohibited. You may not use the Service to directly
facilitate the violation of any law or regulation.
We expect you to use good business judgment in your
conduct. The following list is designed to help guide you in determining if
OnTheCloud.co is a suitable service provider for you, and provide you with
examples of activities that may fall within this paragraph. It does not
represent all unlawful uses of the Service by you or End Users:
U.S. Export Controls.
Your, and an End User's, use of the Service is
governed by U.S. export control laws. These laws apply regardless of whether
you, or an End User, actually reside in the United States. More information
about U.S. export laws may be found at: http://www.export.gov/regulation/.
These laws generally prohibit:
Copyright Infringement.
OnTheCloud.co complies with the Digital Millennium
Copyright Act (DMCA). The DMCA provides very specific requirements that must be
followed to notify us that our customers or End Users are engaging in copyright
infringement. These guidelines are here: http://www.copyright.gov/title17/92chap5.html#512.
Our designated agent for receipt of DMCA complaints is:
Unlimited Net, LLC
Attention: Copyright Infringement Complaint for OnTheCloud.co
3129 25th St, Suite 135
Columbus, IN 47203-2436
Other Intellectual Property Issues.
You are required to comply with U.S. laws
regulating trademarks, patents and other laws governing the use and
dissemination of intellectual property. Complaints about abuse of intellectual
property rights, other than copyright, may be directed to abuse@OnTheCloud.co.
You may not send unsolicited commercial e-mail, or
SPAM.
We define unsolicited commercial e-mail as e-mail
that has not been requested by the recipient, is not compliant with the CAN-SPAM
Act, or that, even if requested, or compliant with the CAN-SPAM Act, causes
other entities to block our IP Addresses. You may not use the Service to host a
site that is advertised in SPAM (a spamvertized site), even if you yourself are
not engaged in spamming. If we determine that you or an End User are spamming,
we will suspend or terminate your account, at our discretion. To report
violations of this paragraph, please send an e-mail to: abuse@OnTheCloud.co.
We filter your e-mail for SPAM
We use industry standard methods to filter outbound
e-mail for SPAM. We will use commercially reasonable efforts to inform you that
your outbound mail has been marked as SPAM and blocked. Please review your
outbound e-mail to determine whether your e-mail has been blocked. You have the
option of using a SPAM filter to scan inbound e-mail. Please familiarize
yourself with this technology and its use.
Requests for Information about End Users and
Privacy
Monitoring products, Cooperation with Law
Enforcement and Legal Documents.
We may disclose information, including information
that you consider confidential, in order to comply with a court order,
subpoena, summons, discovery request, warrant, regulation, or governmental
request which appears to be valid. We may also disclose such information when
it is necessary for us to protect our business, or others, from harm. We assume
no obligation to inform you that we have provided this type of information
unless we have affirmatively agreed to do so. In some cases we may be
prohibited by law from giving such notice.
Law enforcement agencies who seek information about
customers, End Users, and third parties and/or their use of the Service, are
required to submit a subpoena, or other similar document, pursuant to which we
are required by law to produce this information (Subpoena). Unless specifically
required by law and so clearly communicated to us, the Subpoena will be
transmitted to the customer, End User, or third party.
Civil demands for information, such as discovery
requests and similar demands (Civil Demands), must be part of a filed and
pending litigation matter. Responses to Civil Demands are at our discretion.
Responses are subject to a response fee of $275 per hour. We do not honor requests
from civil litigants to limit or to pre-approve response expenses. Civil
litigants are encouraged to contact us prior to serving Civil Demands in order
to minimize their expense.
Address for Subpoenas and Civil Demands:
Unlimited Net, LLC
Attention: Subpoenas and Civil Demands for OnTheCloud.co
3129 25th St, Suite 135
Columbus, IN 47203-2436
Privacy Policy
Our privacy policy may be found here: http://www.OnTheCloud.co/policies/OTC_PrivacyPolicy.htm. Entities who provide products to us may have
privacy policies that differ from ours. We will provide you with links to their
privacy policies on your written request.
How we administer the network on which the Service
is provided.
It is your obligation to ensure that you have
thoroughly considered how the Service is deployed, and our network configured,
prior to using the Service. In particular, you are responsible for ensuring
that any material you place on our servers, or transmit using our network, does
not adversely impact our ability to provide the Service to other customers. We
reserve the right to suspend and/or terminate the Service, in our absolute
discretion, should your use of them cause instability in our network or on our
servers.
You cannot use IP addresses which were not assigned
to you by us. If it is determined that you are using IPs which were not
officially assigned by us, the Service will be suspended until such time as the
IP address overlap can be corrected. We own the IP numbers and addresses that
may be assigned to you by us. These addresses may not be assigned or
transferred, and are recycled by us on termination of your use of the Service.
We may, in our sole discretion, change these addresses.
Security
While we are concerned with security, the Internet
is no more secure than other means of communication. You should assume that all
on-line communications are insecure. We are not responsible for the security of
any information posted to, transmitted over, our servers or using our
equipment. We reserve the right to take immediate action to suspend or
terminate your account if, in our sole and exclusive discretion, you are
engaging in activities that jeopardize our security, the security of other customers,
or of the Internet in general. You may not be provided with advance notice that
we are taking such action.
We make tools available to you that are designed to
make your use of the Internet more secure. These tools are provided on an AS-IS
basis and are used at your own risk. You are encouraged to evaluate other
methods of making your Internet transactions more secure.
Suspension and/or Termination of products, and
Credits.
If you violate our AUP, and we suspend or terminate
the Service, you will not receive a refund of any fees paid to us. Your failure
to abide by any of the items set out in this AUP is grounds for suspension or
termination of the Service. Any termination or suspension may be undertaken
with, or without, notice to you. You agree to hold us harmless from any claims
that a suspension or termination of products for this reason has damaged you.
This Privacy Policy may be updated at any time without notice. The content in this document was last updated/modified on 04/01/2013.