BY USING SERVICE(S) PROVIDED BY A SUBSIDIARY OF IFX NETWORKS LTD. (INCLUDING, BUT NOT LIMITED TO, IFX NETWORKS PANAMA S.A., IFX NETWORKS CHILE, S.A., IFX NETWORKS COLOMBIA SAS AND IFX NETWORKS ARGENTINA, SRL, YOU AGREE TO COMPLY WITH THIS AUP. THIS AUP MAY BE REVISED FROM TIME TO TIME AND YOUR USE OF IFX'S SERVICE(S) AFTER CHANGES TO THE AUP ARE POSTED ON IFX’S WEB SITE AT HTTP://WWW.IFXNETWORKS.COM/DESIGN/ACCEPTABLEUSEPOLICY.PDF SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGED OR ADDITIONAL TERMS OF THE AUP.
YOU ARE EXPECTED TO USE THE INTERNET WITH RESPECT, COURTESY, AND RESPONSIBILITY, GIVING DUE REGARD TO THE RIGHTS OF OTHER INTERNET USERS. IFX EXPECTS YOU TO HAVE A BASIC KNOWLEDGE OF HOW THE INTERNET FUNCTIONS, THE TYPES OF USES THAT ARE GENERALLY ACCEPTABLE, AND THE TYPES OF USES THAT MUST BE AVOIDED. COMMON SENSE IS THE BEST GUIDE AS TO WHAT IS CONSIDERED ACCEPTABLE USE.
Failure to observe the guidelines set forth in this AUP may result in IFX taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). When feasible, IFX will provide you with advance notice of an AUP violation, via e-mail or otherwise, and demand that such violation be immediately corrected. IFX reserves the right, however, to act immediately and without notice to suspend or terminate Service(s) in response to a court order or other legal requirement that certain conduct be stopped or when IFX determines, in its sole discretion, that the conduct may (1) expose IFX to sanctions, prosecution or civil action, (2) cause harm to or interfere with the integrity or normal operations of IFX’s network(s) or facilities, (3) materially or repeatedly interfere with another person’s use of IFX’s Service(s) or the Internet (4) damage or disparage the reputation of IFX or its Service(s), or (5) otherwise present a risk of harm to IFX or IFX’s customers or their employees, officers, directors, agents, etc.
IFX’s decisions with respect to interpretation of the AUP and appropriate remedial actions by IFX are final. IFX may refer potential violations of laws to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrong, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. IFX assumes no obligation to inform you that your information has been provided and, in some cases, may be prohibited by law from providing such notice. IFX shall not be liable for any damages of any nature suffered by you or any other customer, user, or third party resulting in whole or in part from IFX’s exercise of its rights under this AUP.
General Use Policy
In this AUP, "Service(s)" refers to any Dedicated Internet access, dial up, DSL, Premium IP, Internet Access, web hosting, data center hosting, voice, Unified Communications, or similar Services that you have purchased from IFX. Your use of these Service(s) is subject to the terms and conditions of the Agreement you entered into in conjunction with the Service(s) ("Service Agreement"). This AUP is intended to provide you with a set of guidelines you must follow in your use of the Service(s). Rather than have a myriad of different AUPs for each service, this single AUP applies to a variety of IFX Services. Some provisions of this AUP may not be applicable to all Service(s). This AUP will be interpreted in the context of the intended use of the Service(s) at issue (e.g., business vs. consumer Service, Dedicated Internet Access Service vs. Dial-Up Service, etc.).
You are responsible for avoiding the prohibited activities and following the AUP set forth herein. You are also responsible for the actions of others who may be using the Service(s) under your account. IFX does not, as an ordinary practice, proactively monitor the activities of those who use its Service(s) to ensure that its users comply with this AUP and/or the law, though it reserves the right to do so. If IFX is alerted to violations or potential violations of this AUP, however, IFX will take whatever measures it deems necessary and appropriate to stop or prevent those violations, including the actions described in this AUP.
Abuse of e-Mail/Spamming
The Service(s) you have purchased from IFX may include the ability to send and receive electronic mail (“e-Mail”). Mass electronic messages and "mail-bombing" (sending mass e-Mail or deliberately sending very large attachments to one recipient) are prohibited. Forging e-Mail headers (transmission information) is prohibited. Using another computer, without authorization, to send multiple e-Mail messages or to retransmit e-Mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of electronic mail to harass or intimidate other users is prohibited.
Violation of the CAN-SPAM Act of 2003, or of any state or federal law regulating e-Mail, is a violation of this AUP and IFX reserves the right to seek damages and other available relief against customers or third parties – as applicable. For purposes of this AUP, such violations are determined by IFX in its sole discretion.
Some limitations on the volume or size of e-Mail sent or received may not apply to customers with business-class service, or who host their own e-Mail servers. However, spamming and other prohibitions are still applicable.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States, is prohibited.
Facilitating a Violation of this AUP
You are prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP. This includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Illegal Activity/Tortious Conduct
Activities that involve use of Services or IFX’s network(s) and that violate any local, state or federal law or regulation, also violate this AUP. Prohibited activities include, but are not limited to:
transmitting any defamatory, libelous, fraudulent, deceptive indecent, offensive or obscene materials;
using the Service(s) to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.);
intentionally spreading computer viruses;
gaining unauthorized access to private networks;
engaging in the transmission of pirated software;
conducting or participating in illegal gambling, soliciting for illegal pyramid schemes through electronic mail or USENET postings.
violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service(s);
threatening, harassing, abusing, or intimidating others; or
creating or attempt to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of IFX.
Infringement of Intellectual Property Rights
You are prohibited from publishing, submitting, copying, uploading, posting, transmitting, reproducing, theft of, infringement on, or distributing information, software, or other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consents to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an IFX site or Service(s).
IFX’s agent for receipt of notifications pursuant to the Digital Millennium Copyright Act of 1998:
IFX Networks Ltd
20803 Biscayne Blvd, Suite 103, Miami, FL 33180
By e-Mail: email@example.com
By Phone: 305-512-1137
By Fax: (8660 430-3959
It is your responsibility to ensure the security of your network and the machines that connect to the Service(s). You are responsible for ensuring that your customers and users use the Service(s) in an appropriate manner. You are required to take all necessary steps to manage the use of the Service(s) obtained from IFX in such a way that network abuse is minimized. Violations of system or network security are prohibited, and may result in criminal and/or civil liability.
Examples of system or network security violations include, but are not limited to the following:
Failing to secure your system against abuse. You are responsible for configuring and securing your services to prevent damage to the IFX network and/or the disruption of Service(s) to other customers. You will be held liable if unknown third parties utilize your services at any time for the purpose of illegally distributing licensed software. It is your responsibility to ensure that your network and/or computer are configured in a secure manner, and to take corrective actions on vulnerable or exploited systems to prevent continued abuse. You may not, through action or inaction, allow others to use your network for illegal or inappropriate uses, and/or any other disruptive, provoking, or abusive behavior that is in violation of these guidelines or the agreement for the Service(s) you have purchased;
With respect to Dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the IFX Service(s) or using your account for the purpose of operating a server of any type;
Knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Hacking - breaking the security on any computer network or accessing an account that does not belong to you. This includes, but is not limited to, unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. This would include use of sniffers or SNMP tools.
You are prohibited from engaging in any other activity, illegal or not, that IFX determines in its sole discretion, to be harmful to its subscribers, operations, network(s), reputation, goodwill, or customer relations.
IFX is aware that many of its customers are, themselves, providers of Internet services, and that information reaching IFX’s network(s) or facilities from those customers may have originated from a subscriber of IFX’s customer or from another third-party. IFX does not require its customers who offer Internet services to monitor or censor transmissions or web sites created by the customer’s subscribers. IFX does, however, reserve the right to directly take action against such customers’ subscribers. In addition, IFX may take action against IFX’s customer because of the underlying subscriber’s activities, even though the action may affect other subscribers of the IFX customer. Similarly, IFX expects that customers who offer Internet services will cooperate with IFX in any reasonable corrective or preventive action that IFX deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this AUP.
IFX expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this AUP.
By using the Service(s), you represent and warrant that you are not a resident of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/dpl/thedeniallist.asp
Responsibility for Content
IFX takes no responsibility for any material created or accessible on or through the IFX network(s) and Service(s). IFX shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that IFX becomes aware that any such material may violate this AUP and/or expose IFX to civil or criminal liability, IFX reserves the right to block access to such material and suspend or terminate any user creating, storing or disseminating such material. IFX further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that IFX deems responsible for the wrongdoing.
If applicable, your password provides access to your individual account. It is your responsibility to keep your password secure. You are responsible for any and all access to or use of the Service(s) through your account. Attempting to obtain another user's account password is prohibited.
Third Party Rules; Usenet
You may have access through the IFX network(s) and Service(s) 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. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. IFX reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Web Hosting and Data Center Hosting Surveillance
IFX performs routine surveillance of its network(s) in connection with its web hosting, data center hosting, and related services. Although IFX will not, as an ordinary practice, proactively monitor your activities for violations of this AUP, there may be instances in which IFX, through its routine surveillance finds violations of this AUP, and reserves the right to take whatever action it deems appropriate in its sole discretion.
Unless otherwise agreed in writing signed by IFX and its customer, any notification that IFX sends to you pursuant to this AUP may be in writing to your address of record, or via e-Mail to the e-Mail address on file with IFX. You must respond in a timely manner to complaints concerning misuse of the Service(s) obtained from IFX. Failure to responsibly manage the use of the Service(s) obtained from IFX may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your Service(s), could lead to the imposition of early termination fees.
Any party seeking to report a violation of this AUP may contact us via e-Mail at firstname.lastname@example.org