Internap Corporation and its affiliates and subsidiaries, including but not limited to SingleHop LLC, iWeb Technologies Inc., Ubersmith, Inc., and Internap Japan Co., Ltd. (collectively “INAP”) provide IT infrastructure services (the “Services”) through INAP’s networks, systems and facilities (the “Infrastructure”). This Acceptable Use Policy (“AUP”) describes how you may use the Services and Infrastructure.
INAP reserves the right, in its sole discretion, to make changes or updates to this AUP at any time. If any changes or updates are made, INAP will post a revised version of this AUP on its website, at which time such changes or updates will become effective. These updates and changes will not apply to any dispute of which INAP had actual notice prior to the posting of these update and changes. Your continued use of the Services or Infrastructure after any such changes or updates constitutes your acceptance of these changes and updates. If you do not agree to abide by this AUP, do not use or access the Services or Infrastructure.
You will use the Services in accordance with all laws, rules, regulations and court or judicial orders applicable to you. This includes, without limitation, export laws and encryption regulations, personal data protection laws (including those of the United States and any other country, territory, or jurisdiction from which you collect or use personal data), and data localization and sovereignty laws. This AUP incorporates the INAP Data Processing Addendum, available here, when the General Data Protection Regulation (EU 2016/679) applies to your use of the Services to process Personal Data (as defined in the Data Processing Addendum).
You are solely responsible for any and all content, material and data that you maintain, transmit, download, view, post, distribute or make available using the Services or Infrastructure, and any third-party claims arising out of such activities.
You will not, nor will you permit or allow anyone else to, use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of this AUP, the terms of any applicable agreement with INAP or any other INAP policy applicable to you; (b) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by others; or (c) in a manner that exposes INAP to criminal or civil liability. You will cooperate with INAP in investigating and correcting any breach of this AUP.
If you resell or provide the Services to your customers, you must contractually pass on the restrictions of this AUP to your customers and take steps to ensure compliance by your customers with this AUP. The following activities are generally prohibited. These categories of activities and content are not exhaustive, but serve as a framework for activities and content that are unacceptable during your use of the Services and Infrastructure.
Illegal, Offensive, or Harmful Activities and Content. You will not use the Services or Infrastructure, or assist anyone else, to publish, transmit, distribute or store content, material, information or data that: (a) is illegal (including child pornography), obscene, offensive or otherwise objectionable, defamatory, libelous, threatening, harassing, abusive or hateful, that is harmful to INAP’s reputation, that violates the rights of others, or that advocates violence or threatens the health of others; (b) is harmful to or interferes with INAP’s provision of Services, the Infrastructure or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing” or “pharming”).
Hacking, DOS Attacks, Attempts to Breach Security. You will not use the Services or Infrastructure, or assist anyone else, to attempt to disrupt, degrade, impair or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of INAP internet protocol space.
Spam, Email Relays, Bulk Email. You will not use the Services or Infrastructure, or assist anyone else, to transmit unsolicited bulk e-mail messages (“Spam”); have third parties send out Spam on any user’s behalf; receive replies from unsolicited e-mails (commonly referred to as “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third party e-mails for forwarding (e.g., “open mail relay”). Bulk e-mails may only be sent to recipients who have expressly requested receipt of such e-mail messages via a verified opt-in process. If you send bulk e-mail, you must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and immediately provide INAP with such records upon INAP’s request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. You are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and you will not use the Services or Infrastructure to: (a) send e-mail messages that 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; or (d) send malicious e-mail, including, without limitation, “mailbombing;”
Charters, Policies, and Agreements. You will not use the Services or Infrastructure, or assist anyone else, to violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages and disrupting newsgroups with materials, postings or activities that are inappropriate (as determined by INAP in its discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules; or
Third Party Agreements to Which You Are Subject. You will not use the Services or Infrastructure, or assist anyone else, to violate the applicable acceptable use policies of other ISPs when data, content or other communications are carried across the networks of such ISPs.
Suspension and Termination. Your failure to comply with this AUP may result in INAP taking responsive action, including but not limited to, warnings to a suspension or termination of your use of the Services and Infrastructure. INAP reserves the right to act immediately and without prior notice to suspend or terminate affected Services and your access to the Services and Infrastructure in response to a court order or governmental notice that certain conduct must be stopped or in the event INAP determines, that your conduct or breach may: (a) expose INAP to sanctions, prosecution, civil action or other liability; (b) cause harm to or interfere with INAP’s Infrastructure or networks connected with the Infrastructure or Services; (c) interfere with another customer’s use of the Services or Infrastructure; (d) violate any applicable law, rule, regulation or court order; or (e) otherwise present an imminent risk of harm to INAP or its customers.
Monitoring Your Content. INAP has no obligation to monitor content or material published, transmitted, accessed, received, distributed or stored using the Services or Infrastructure, but reserves the right to do so.
Cooperation with Law Enforcement. INAP further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity and IP address of any user that INAP believes is responsible for such violation.
No Limitations. Nothing in this AUP will limit in any way INAP’s rights and remedies at law or in equity that may otherwise be available.
INAP respects the intellectual property rights of its customers, suppliers, partners, end users and other third parties. Without limiting its rights and remedies hereunder, INAP complies with all aspects of the Digital Millennium Copyright Act (42 USC 512, et. seq.) (“DMCA”) and maintains and enforces a policy whereby it will terminate the Services to any end user guilty of infringement. INAP’s DMCA policies and procedures can be found here.
No Waiver. Any failure to insist upon or enforce performance of any provision in this AUP will not be construed as a waiver of any provision or right.
Changes to This AUP. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this AUP.
Assignment. INAP may assign its rights and duties under these terms to any party at any time without further notice.
Severability. If any provision of this AUP is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
You should send any questions or complaints regarding prohibited use or other abuse of the Services and Infrastructure, including violations of this AUP, to email@example.com. Please include all applicable information that will assist INAP in investigating the complaint.Last Updated: September 2018
INAP may elect to offer to a customer discounted or free SSL Certificates issued by GlobalSign via INAP. (the “SSL Certificates”). The SSL Certificates are for use on the INAP network only and are not for resale to third parties.
Customers who use the SSL Certificates agree to comply with the INAP Master Services Agreement as well as the GlobalSign Subscriber Agreement (found here: https://www.globalsign.com/en/repository/subscriber-agreement/) (collectively, the “SSL Terms”).
Failure to comply with the SSL Terms may result in termination of the SSL Certificates by INAP.Last Updated: September 2018
The following third-party terms and conditions shall be deemed incorporated into Customer’s MSA, solely to the extent applicable Services are purchased by Customer from INAP.