Acceptable Use Policy


GENERAL

Customer's use of Service shall at all times comply with iland's then-current Acceptable Use Policy (AUP) as amended by iland Internet Solutions and communicated in writing to Customer from time to time and which is also available through Customer’s sales or support representative.

In addition to the policies discussed herein, iland and its customers are also bound by the policies of our carriers. Please see the following links for additional carrier AUP policies:

Cogent Communications

Colt Technology Services Group

CenturyLink and Broadwing Tariffs

Singtel Mobile

Telia Company

Telstra Global

Zayo Group

Megaport

For the purpose of this document, the term Customer includes any reseller, downstream provider, third-party or otherwise user of the service or products provided to Customer by iland.

These Policies are designed to assist in protecting the Service, our Customers, and the Internet community as a whole from improper and/or illegal activity over the Internet. Customers are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Customers to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Contact iland Internet Solutions’ Abuse department at 1-800-697-7088 or [email protected] should you have any questions regarding this policy.

RESPONSIBILITIES OF CUSTOMER


iland Internet Solutions expects all customers to abide by the following outline of actions to prepare for and react to notifications of violations of iland’s AUP.

Proactive

  • Customer shall identify for themselves and to iland their own representative for the purposes of receiving communications regarding possible violations of iland’s AUP.
  • Customer shall maintain an ‘abuse’ email address to receive all complaints and/or communications. This email address shall strictly follow this format:  [email protected] (where ‘domain’ is the actual domain name).
  • iland will register this email address with abuse.net.
 Reactive
  • iland expects Customer to respond to the complainant and address their concerns directly with them. iland will not act as intermediary between Customer and a complainant.
  • Customer will promptly investigate all such complaints and take all necessary actions to remedy any actual violations of iland’s AUP.
  • Customer will respond to the complainants of abuse/violation of the AUP and their response will adhere to the following format:
    • Customer will respond to the complainant and address their concerns directly with them. iland will not act as intermediary between Customer and a complainant, except to notify Customer that we are aware of/have received a complaint against them.
    • Customer will provide a clear and precise explanation of why the email may have been received by the complainant, including how and/or why their email address was collected.
    • Customer will provide an outline of the action(s) taken to correct and eliminate any receipt of future emails by the complainant.
    • Customer will include a valid contact method for the responsible organization in their communication to the complainant (either email address, URL, phone number, etc.).
    • When iland has forwarded a complaint to Customer from a third party complainant, Customer will cc iland on their response to that third party for our records.


DEFINITION OF POSSIBLE VIOLATIONS


UCE/Spamming/Mailbombing A Customer may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail "UCE" and is prohibited. In addition, "spamming" or "mailbombing" is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the network provided by iland, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spoofing/Fraud

A Customer may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a Customer's identity in connection with use of the Service is prohibited.

E-Mail Relay

Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.

Illegal Activity

Customers agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, iland Internet Solutions complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies. In addition, the Providers shall have the right to immediately eject from the data center any persons found engaging in any such activity or in possession of firearms, alcohol or illegal drugs.

DOS Attacks

Customers found to be the originator of Denial of Service attacks, or any attack on a network that is designed to hinder the proper functioning of that network, is strictly prohibited.

Infection by Viruses or Worms

Customers that are identified as infected by a virus or worm that is negatively affecting the network will be immediately notified and expected to take timely measures to rectify the situation. Inattention or untimely reaction to this situation will be considered a violation of this Acceptable Use policy.

Excessive Use

A Customer’s excessive bandwidth usage that iland determines, in its sole discretion, either places an unusually large burden on the network or exceeds expected usage and/or a Customer’s excessive use of I/O that iland determines, in its sole discretion, places an unusually large burden on the storage nodes or exceeds expected usage.

Other Prohibited Activities

The following activities are also prohibited:

  • Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
  • Intentionally transmitting files containing a computer virus or corrupted data.
  • Resale of iland's services or products, unless expressly authorized in a separate written agreement with iland.
  • Harassment, whether through language, frequency, or size of messages.
  • Repeat or gross violations of any of the above.
Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may also result in suspension or termination of the Customer's access to and use of the Service.


RESPONSE TO CUSTOMER VIOLATIONS


  • iland will notify Customer of complaints received by us or violations discovered by us regarding each incident of alleged violation of iland’s AUP by Customer or third parties that have gained access to the Service through Customer.
  • iland may identify to a complainant that Customer, or a third party that gained access to the Service through Customer, is investigating the complaint and may also provide the complainant with the necessary information to contact Customer directly to resolve the complaint.
  • iland will notify Customer at the time of discovery of abuse or misuse of network resources.
  • iland reserves the right to either revoke or modify a Customer’s use of our network resources if iland determines, in its sole discretion, that the network resources are being misused or abused.
    • Our commitment to our customers is that we will make a good faith effort to resolve any conflict with the customer before revoking the use of our network resources.
    • If iland does revoke Customer’s network resource space for reasons it deems appropriate, Customer maintains responsibility for their contract or term commitment.
  • iland reserves the right to either revoke or modify a Customer’s use of iland’s storage I/O resources if iland determines, in its sole discretion, that the storage I/O resources are being misused or abused.
  • iland reserves the right to charge a customer, at our current hourly rate, for our time and effort in addressing excessive complaints (over 10 per month) about them.
NOTE:  iland cannot absolutely determine in advance what our response to an AUP violation may be, and thus iland reserves the ability to use its own discretion when determining the appropriate actions that it should take when reprimanding a customer for a violation of this policy.


LIMITATION OF LIABILITY

iland Internet Solutions SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iland Internet Solutions SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN iland Internet Solutions AND ITS CUSTOMER.