Acceptable Use Policy_


EXHIBIT AUP
ACCEPTABLE USE POLICY OF TELEFONICA


This acceptable use policy (“AUP”) covers (a) Telefonica’s customers (“Customer”) (and the Customer’s customers, agents and users) use of and access to Telefonica’s facilities (e.g. Internet Data Centers); (b) Customer’s (and its customers, agents and users) use of Telefonica’s online services; and (c) Telefonica’s maintenance of the services it provides to its Customers.


Access to Internet Data Centers

Only those individuals identified in writing by Customer on the Customer Registration Form (“Representatives”) may access the Internet Data Centers. Customer shall deliver prior written notice to Telefonica of any changes to the Customer Registration Form and the list of Representatives. Customer and its Representatives shall not allow any unauthorized persons to have access to or enter any Internet Data Centers. Customer and its Representatives may only access the Customer Area, unless otherwise approved and accompanied by an authorized Telefonica representative.


Use of Internet Data Center Facility

Conduct at Internet Data Centers. Customer and its Representatives agree to adhere to and abide by all security and safety measures established by Telefonica. Customer and its Representatives shall also not do or participate in any of the following: (a)misuse or abuse any Telefonica property or equipment or third party equipment; (b) make any unauthorized use of or interfere with any property or equipment of any other Telefonica Customer; (c) harass any individual, including Telefonica personnel and representatives of other Telefonica customers; or (d) engage in any activity that is in violation of the law or aids or assists any criminal activity while on Telefonica property or in connection with the Internet Data Center Services.

Prohibited Items. Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer’s responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Telefonica, (a) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Telefonica; (b) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (c) bring any Prohibited Materials (as defined below) into any Internet Data Center. “Prohibited Materials” shall include, but not limited to, the following and any similar items:

 · food and drink;
 · tobacco products;
 · explosives and weapons;
 · hazardous materials;
 · alcohol, illegal drugs and other intoxicants;
 · electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;
 · radioactive materials; and
 · photographic or recording equipment of any kind (other than tape back-up equipment).


Equipment and Connections

Customer Equipment. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer’s name (or code name provided in writing to Telefonica) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Telefonica with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment.


MAINTENANCE

Telefonica will conduct routine scheduled maintenance of its Internet Data Centers only according to its regularly scheduled maintenance schedule. In the event a mission critical maintenance situation arises, Telefonica may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer’s Equipment may be unable to transmit and receive data, and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with Telefonica during the scheduled and emergency maintenance periods.


Online Conduct

Customer Content. Customer acknowledges that Telefonica exercises no control whatsoever over the content of the information passing through Customer’s site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and this AUP.

Prohibited Activities. Customer will not, and will not permit any persons (“Users”) using Customer’s online facilities and/or services, including, but not limited to, Customer’s Web site(s) and transmission capabilities, to do any of the following (“Prohibited Activities”):

 · send unsolicited commercial messages or communications in any form (“SPAM”);
 · engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
 · engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
 · send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
 · intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
 · engage in any activities or actions intended to withhold or cloak Customer’s or its Users’ identity or contact information;
 · use the Telefonica connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like; and
 · assist or permit any persons in engaging in any of the activities described above.

If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User’s access to Customer’s online facilities.


Third Party Complaint Process. Telefonica routinely receives written complaints (“Complaints”) from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. Due to the nature of Telefonica’s business, in Telefonica’ experience, most legitimate complaints and actual Prohibited Activity is conducted by customers and users of Telefonica’s customers, not by Telefonica’s customers themselves. Telefonica requires its Customers to have in effect and enforce policies substantially similar to this AUP and will work with its customers to resolve violations. Telefonica will take the following actions to document and resolve each Complaint received by Telefonica related to a Customer or its Users.

First Complaint. Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, Telefonica will send a letter (the “First Letter”) to the complaining third party that describes Telefonica’s policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by Telefonica. Telefonica also will deliver notice of the Complaint to the Customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. Telefonica’s goal is to put the complainant directly in touch with the party in the best position to remedy the problem, Telefonica’s Customer who has the relationship with the alleged violator.

Second Complaint. Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Telefonica will send a second letter (the “Second Letter”) with a copy of the second complaint to the Customer and request that Customer respond in writing to Telefonica with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to the Telefonica’s Second Letter and remedy the Prohibited Activity within ten (10) business days, Customer will pay Telefonica $500 (pursuant to invoice) in the following month to cover Telefonica’ administrative costs associated with the Prohibited Activities of Customer.

Third Complaint. Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, Telefonica will send a third and final letter (the “Third Letter”) with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, Telefonica will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. Customer will pay Telefonica $5,000 (pursuant to invoice) to cover Telefonica’s administrative costs associated with the Prohibited Activities.


Suspension and Termination of Service. Telefonica reserves the right to suspend and/or terminate a Customer’s Service at any time for any material failure of Customer, its Representatives or its Users to comply with these AUP.

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