Acceptable Use

Flexential Corp., formerly known as Peak 10, Inc., and its affiliated entities ("Flexential") has published this acceptable use policy ("AUP") in an effort to provide reliable, high-quality service to our clients. By using Flexential’s services or network, you agree to the latest version of this AUP. We may modify this policy at any time by posting a revised version on the Flexential website.

Illegal, Harmful, or Offensive Conduct

You may not use Flexential's services or network for illegal purposes or to take actions that are infringing, offensive, fraudulent or harmful to the Flexential network or others. Examples of prohibited activities include any use of the Flexential services or network:

• in violation of any applicable local, state, or federal law or regulation;
• in a manner that infringes or may infringe upon any copyrights, trademarks, patents, trade secrets, or other types of intellectual property;
• to transmit offensive or threatening materials, including materials that are obscene, pornographic, defamatory, libelous, abusive, hateful, excessively violent, or otherwise inappropriate;
• to export software to points outside the United States in violation of applicable export control laws;
• to transmit fraudulent, deceptive, or misleading materials or to advance any type of financial scam;
• to transmit any materials that harass another person or entity;
• to transmit viruses, Trojan horses, or other materials or components harmful to any network or equipment or other users or third parties; or
• in a manner that exposes or may expose Flexential, its clients, partners, or vendors, or any other person or entity using the Flexential network to abuse, complaints, retaliation, connectivity issues, or other negative impact.

Network, Application and System Security

You may not use Flexential's services or network to violate, monitor or interfere with, or to attempt to violate, monitor or interfere with, the security or reliability of any network, service, data, or other system without proper authorization. Examples of prohibited activities include any attempt to:

• access any network, service, data, or other system that you are not authorized to access;
• probe, scan, or test the vulnerability of any network, service, or system without proper authorization;
• breach any security or authentication measures;
• monitor data or traffic on any network or system without proper authorization or in a manner that disrupts or impairs the network or system;
• interfere with service to any user, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks;
• forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting;
• attempt any action designed to circumvent or alter any method of measuring or billing for services; or
• use the account name of another person without proper authorization.

Flexential reserves the right to investigate any actual or suspected security violation or incident. In the event of an actual or suspected security violation or incident, Flexential may take any actions that Flexential deems reasonably necessary to prevent harm to Flexential and/or Flexential clients, including the network, systems and data of Flexential and/or Flexential clients. Such actions may include, but are not limited to, the following:

• removing, disabling access to, or suspending Services;
• disconnecting a host from the network and preparing for investigative services;
• reporting to appropriate law enforcement officials, regulators, or other appropriate third parties any activity that Flexential believes may violate any applicable law or regulation; and
• cooperating with law enforcement agencies and regulators to assist with any investigation and/or prosecution.

In order to maintain network, application and system reliability and security for you and other Flexential clients, you must use commercially reasonable efforts to keep your network, applications and systems secure and current by applying, or consenting to Flexential applying, if applicable, the most recent patches, updates and upgrades as they are made available by the applicable providers, and appropriately configuring your firewalls and other components of your network, application and system security.

If Flexential notifies you in writing, including by sending an email or notification through Flexential’s ticketing system to any of the persons identified by you as administrators with respect to your Services, of particular patches, updates, upgrades or configuration settings that Flexential identifies as “critical”, then you must apply those critical patches, updates, upgrades or configurations, or consent to Flexential applying those critical patches, updates, upgrades or configurations, as applicable, within thirty calendar days of the notification. If you fail to timely comply with your obligations in the previous sentence, then (1) you shall reimburse Flexential, at Flexential’s standard rates, for all labor, administrative time, or other activity of Flexential’s personnel expended in an effort to cure, mitigate or otherwise resolve any problems attributable to such failure and, (2) Flexential shall not be obligated to provide any credits to you with respect to any failure by Flexential to meet its service level commitments that is attributable to such failure.

You are prohibited from taking any action, intentional or unintentional with respect to the Services, which will negatively impact the Flexential business operations, the operations of our clients including shared infrastructure , such as cloud or network services, as a whole.

You are responsible for the use of the Services by any of your employees, any person to whom you have given access or any person who gains access to your data.

Abuse Violations

No spam. You may not use Flexential's services or network to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as "spam"). In addition, you may not use the services or network of another provider to send spam or to promote a site hosted on or associated with Flexential's services or network.

Newsgroups and Online Forums. All postings to newsgroups and online forums must comply with the written charters, rules, or FAQs for that group. You are responsible for determining the policies of a newsgroup or online forum before posting to it. In addition, you may not attempt to flood or disrupt the newsgroups.

Web Pages. As part of the services, Flexential may provide web hosting services. You are solely responsible for any content that you publish or display on your web pages or web site, including ensuring that the content complies with the terms of this AUP.

Content. Flexential is not responsible for any material created, stored, distributed or accessible on or through the services. Flexential is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. Flexential reserves the right to block access to such material and suspend or terminate services in the event Flexential determines, in its sole discretion, that any materials may expose Flexential to civil or criminal liability. To the extent you use cloud-related services, all Microsoft® licenses must be provided by Flexential unless specifically approved by Flexential. In all events, you will provide Flexential with a count of all Microsoft licenses used by you in connection with the services.

Attacks

If you are using Flexential network services and:

• you are the subject of a network attack, such as a DDoS attack, that is large enough to affect network traffic, or
• your server and/or application is compromised;

Flexential has the right, immediately and without prior notice, to terminate routing, block ports and IP address space, and/or suspend services in order to protect the integrity of the Flexential network and preserve the services provided to other users.

IP Addressing

Flexential endeavors to utilize its ARIN (American Registry of Internet Numbers) IP space allocations as efficiently as possible, as IP address space is a finite resource that is shrinking quickly and going up in cost. ARIN requires Flexential to justify current and future allocations when additional IP space is requested for customer and or Flexential network use, which requires that 80% of all past allocations are in legitimate use and that the use of said space is within ARIN’s allocation guidelines. Therefore your IP space assignments are required to meet the same ARIN guidelines, which can be found at: www.arin.net. In the event you violate the ARIN guidelines or this AUP with respect to IP Addressing, Flexential may revoke your IP addresses without liability to you.

You may not advertise your Flexential-assigned IP space, or use it outside of the Flexential ASN (13649) or outside of Flexential owned facilities without prior express written approval from Flexential. This includes utilizing Flexential IP space and 3rd party services such as DDOS or DNS.

You have no right to route IP addresses assigned by Flexential. Flexential shall retain ownership of all such IP addresses at all times, and your access to such IP addresses shall cease immediately upon termination of your Agreement for services with Flexential.

Flexential assigns IP space based off individual customer datacenter assignment/installation. IP blocks may not be transportable between datacenters below a /24. If you desire to move an IP block with /24 or larger IP assignments to a different datacenter, you must request approval for the move, and Flexential shall have no liability to you if Flexential is unable to accommodate such request.

INetU Terms of Use and Acceptable Use Policy

If you are using services pursuant to an agreement with INetU, Inc. (“INetU”) then:

(1) This AUP supersedes, replaces, amends and restates in its entirety the Schedule B Terms of Service and Acceptable Use Policy of INetU applicable to you through your agreement with INetU, effective as of the date this AUP is first published online and provided to you in writing;

(2) you must provide INetU with accurate information to help INetU determine if any tax is due with respect to the provision of the services;

(3) you are responsible for keeping your billing and other account information with INetU up to date; and

(4) you must pay when due the fees for the services stated in your agreement with INetU and any additional services order(s) or other agreements between you and INetU.

Consequences

If Flexential determines that you have violated any of the terms of this AUP, Flexential has the right to (i) demand immediate removal of the violating material and/or (ii) restrict, suspend or terminate all or a portion of your services. Flexential may involve and will cooperate with law enforcement authorities. In addition, if you violate this AUP, you may be subject to civil or criminal liability. Flexential shall not be liable for any damages suffered by any user or third party resulting directly or indirectly from any actions taken by Flexential pursuant to this AUP. All determinations by Flexential as to whether abuse or violations of the AUP have occurred shall be conclusive and binding.

Violation Reporting

Violations or potential violations of this AUP may be reported to Flexential at [email protected].