XPanetm Cloud Acceptable Use Policy
This Acceptable Use Policy (this “Policy”) applies to the use of all products and services offered by Frontier Vision Technologies, Inc dba Evogence (“Evogence”, “we”, “our(s)” or “us”) and such products and services, “Evogence Products, [Ei] Platform, our products”) and your use of or access to our Website at http://www.evogence.com (the “Website”).
BY USING EVOGENCE PRODUCTS OR ACCESSING THE WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE EVOGENCE PRODUCTS AND DO NOT ACCESS THE WEBSITE.
Changes to Policy
We may modify this Policy at any time and in our sole description by posting a revised version on this page and noting the date of last update. The changes will become effective immediately upon posting. By continuing to use Evogence Products or the Website after the date of the update, you agree to the revised terms.
No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, Evogence Products or the Website for any illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
- Illegal, Harmful or Fraudulent Activities. Any activities that violate any applicable federal, state, local, or international law or regulation, violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography or any activities that may be exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content; offering or disseminating fraudulent goods, services, schemes, or promotions, ponzi and pyramid schemes; phishing or pharming; or restricting or inhibiting anyone’s use or enjoyment of Evogence Products or the Website.
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, promotes violence, or content that is discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
No Security Violations
You may not use Evogence Products to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route, or imitating or impersonating Evogence, or another person or entity or creating false email accounts. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.
No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
- Data mine or harvest any web property (including any External-Facing Service) to find email addresses or other user account information.
No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of Evogence Products or the Website. We may:
- investigate violations of this Policy or misuse of Evogence Products or the Website;
- remove, disable access to, suspend, or modify any content or resource that violates this Policy or any other agreement we have with you for use of Evogence Products or the the Website.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please e-mail to firstname.lastname@example.org.
U.S. DIGITAL MILLENNIUM COPYRIGHT ACT
To the extent you use any Evogence Products for advertising, sending electronic messages or for the creation and hosting of, or for posting material on, external-facing webWebsites (“External- Facing Services”), each customer must (i) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) (the “DMCA”) or the European Union Council Directive 2000/31, On Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market or other counterparts or their local counterparts, (ii) publicly display a description of its notice and takedown process under the DMCA on your instance of the External-Facing Services, and (iii) comply with that description.
If Evogence receives a notice alleging that material on your instance of an External-Facing Service infringes a third party’s intellectual property, Evogence may disable your instance of the External-Facing Service or remove allegedly infringing material. If Evogence receives more than one such notice for you, Evogence reserves the right to immediately terminate your subscriptions to the External-Facing Services as deemed necessary by Evogence to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.