Acceptable Use Policy
(“AUP”)

The purpose of this AUP is to inform the Customer of acceptable use of the Services. Customer agrees to comply with the AUP and is responsible for the use of the Services by all entities and individuals whom Customer permits to use the Services. Due to the numerous possibilities in maintaining a network comprised of thousands of services, this AUP is intended to act as a guideline to acceptable use and not be all encompassing.

Thermo reserves the right, in its sole discretion, to prohibit transmission of materials it determines are not acceptable within the spirit of this policy. This includes but is not limited to content that is unlawful, obscene, threatening, abusive, defamatory, libelous or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state or federal laws.

The Customer is responsible for keeping their billing data with Thermo up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers is grounds for immediate termination and may subject the offender to civil or criminal liability.

SERVER CONTENT.

Thermo does not actively monitor content on its servers. Thermo believes in the free dissemination of information via our services. However, server content may be reviewed upon receipt of a complaint from a third party. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Content deemed to be in violation of this policy will be addressed pursuant to the Resolution Procedures as outline in this AUP. Thermo reserves the right to review all of Customer’s server content at any time and for any reason that Thermo determines, in its sole discretion, to be appropriate.

NETWORK.

The purpose of the Thermo network is to transmit information packets to and from Customer servers and the Internet. Proper use of the network is to utilize the network in a manner that does not violate any local, state or federal laws or generate harm to the network or interfere with the use of services of other users on the same network. Violation, misuse or interference of the network shall be considered a violation of the AUP and trigger Resolution Procedures as outlined in this AUP.

SERVER AND APPLICATION SECURITY.

The primary purpose of the Thermo’s security services is to assist the Customer in the protection, management, update and overall stability of the Customer’s IT environment hosted on Thermo infrastructure. Thermo monitors all aggregate network traffic via netflow/sflow statistics for traffic analysis. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The Customer is ultimately responsible for individual server security. In no event is Thermo liable for the security of any software, application or script hosted on a server. The Customer must ensure software, applications or scripts are up to date and have no security flaws. Thermo is not responsible for security flaws or issues with any software, application or script.

DOMAIN NAME SERVICE.

Thermo supplies redundant domain names services for all Customers purchasing services. These services include the use of authoritative name servers for public resolution of domain names. Thermo expressly reserves the right to change, at any time and in Thermo’s sole discretion, both the authoritative name server used for public resolution of domain names and any DNS records for any Customer utilizing Thermo’s domain name services. The DNS services are fully managed and maintained by Thermo with Customer specific domain name management through the online Customer Portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, Thermo will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP.

NETWORK AND PERFORMANCE.

Any activity that results in interference of service, malicious network activity, increased demand on network security services, or performance issues on shared servers are in direct violations of this AUP. Violation of this policy shall trigger the Methods of Resolution under this AUP.

DISCLOSURE OF CUSTOMER INFORMATION.

Occasionally, Thermo is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Thermo will notify Customer of the information request as, and if, allowed by the subpoena or order.

REFUSAL OF SERVICE.

Thermo retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Thermo also retains the right to discontinue service without notice for any reason.

The following list represents per se direct violations of this AUP and will be subject to immediate action under the Resolution Procedures outlined in this AUP:

  1. Copyright and Trademark Infringement. Direct copyright infringement under Title 17, Section 512 of the United States Code and trademark infringement are direct violations of this AUP.
  2. Unsolicited E-mail (SPAM). The sending or receiving of mass unsolicited e-mail is a direct violation of this AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
  3. Illegal Use. Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Thermo’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
  4. Child Pornography. Thermo has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Thermo’s AUP.
  5. Threats & Harassment. The Thermo network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. Thermo seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
  6. Fraudulent Activities. Thermo prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Thermo’s AUP.
  7. Denial of Service. Thermo absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Thermo’s AUP.
  8. Terrorist Websites. Thermo’s prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
  9. Distribution of Malware. Thermo prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Thermo analyzes the latest root kit for new security analysis/software.
  10. Phishing. Thermo strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

REPORTING VIOLATIONS OF THE AUP.

Thermo accepts reports of alleged violations of this AUP via e-mail sent to abuse@thermo.io. Reports of alleged violations must be verified and include the name and contact information of the complaining party, information reasonably sufficient for Thermo to locate the server in question, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, Thermo owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Thermo will review all verified third party reports and will take appropriate actions as described within the Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of Thermo’s Acceptable Use Policy (“Methods of Resolution”).

Thermo understands the challenges of businesses that operate on the Internet. The goal of our Methods of Resolution is to prevent service interruptions while resolving violations under this AUP. In general, Thermo requires action on an abuse complaint within twenty-four hours of a ticket being generated. This time frame may be shortened or lengthened depending on the severity of the complaint. Overall, Thermo is committed to working with Customers in resolving all potential violations prior to service interruption.

  1. First Alleged Violation of AUP. A ticket will be created in the Customer’s account with information related to the potential violation of the AUP.
  2. Acknowledgement of violation of AUP. The Customer must acknowledge the abuse complaint and advise Thermo of how Customer will resolve the complaint.
  3. Violation of AUP not properly addressed repeated or continued violation. In the event the Customer does not adequately address the abuse complaint, repeats its violation or disregards the complaint, Thermo will disconnect services. The Customer will be required to contact Thermo to resolve the issue.
  4. Failure to address violation or resolve violation. If Customer fails to address the violation and fails to resolve the violation in a timely manner, Thermo will terminate services.