Acceptable Use Policy (AUP)

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NaviSite's Client Acceptable Use Policy

The Client Acceptable Use Policy defines NaviSite's policy that is designed to protect NaviSite, NaviSite's clients ("Clients") and any other persons, parties or entities on the Internet from any negative impact caused by inappropriate activities. All NaviSite Clients shall adhere to this policy and are subject to the terms and conditions herein.

NaviSite reserves the right to perform activities to audit, test, and investigate the security of Client sites in an effort to ensure that security protections are maintained and that Client sites do not bypass or allow others to bypass NaviSite security controls.

If, in its sole discretion, NaviSite believes that systems located within NaviSite facilities are being used in an unlawful or improper manner (whether civil or criminal) or for unlawful or improper activities, NaviSite will fully cooperate with civil and/or criminal enforcement authorities conducting investigations of such use or activities. NaviSite will also support the investigation of the prohibited activities listed below, and any other activities that NaviSite, in its sole discretion, believes impact the operation or security of NaviSite, NaviSite's Clients, or other systems accessible by Clients or Client's customers or users.

Acceptable Use

NaviSite Clients have access to and perform management activities on their systems, data and content. Clients are responsible for ensuring that these activities do not impose risks or negative impacts on NaviSite, NaviSite's other clients, or to other sites or systems. Clients are also responsible for adhering to all local, state, federal, and international laws and regulations relating to Client operations.

Because NaviSite relies on a shared infrastructure to support its Clients, it is necessary that NaviSite set policies and standards associated with how each site is secured and used. The compromise of one Client site may result in an impact on NaviSite and/or its other clients. Therefore, all Clients shall adhere to all applicable NaviSite policies and standards.

Prohibited Activities

Clients are responsible for ensuring that they do not allow their systems hosted by NaviSite to be used for any of the following purposes:

• Gaining, or attempting to gain unauthorized access to any system that does not belong to the Client.
• Sending unsolicited electronic mail (e-mail) or other messages or communication in any form (e.g., spam).
• Altering, defacing, or otherwise causing any unauthorized or unapproved modification of any system belonging to NaviSite, to a NaviSite Client, or to any other system on the Internet.
• Storing, transmitting, or processing material in a manner that violates intellectual property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks.
• Violating the privacy rights of others, including, without limitation the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations.
• Transmitting or storing any material that is unlawful, obscene, harassing, libelous, abusive, hateful, encourages unlawful acts, or may be interpreted as violating the civil rights of others.
• Storing or transmitting material that violates local, state, federal, or international laws or regulations.
• Engaging in or permitting any activity that leads to a degradation or denial of service for NaviSite, NaviSite's Clients, or any other system or site on the Internet.
• Violating the rules and/or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup, or similar system, service or provider.
• Intentionally omitting, forging, deleting, or misrepresenting transmission information, including but not limited to headers, return address information, IP addresses, etc., that is intended to cloak or hide the identity or source of information transmitted by the Client's systems, customers or users.
• Engaging in or permitting any activity that results in the over utilization of power circuits.

Clients are prohibited from assisting any persons in using Client systems located at NaviSite to engage in any of the activities listed above. If a Client becomes aware of any such activity, Client must remedy the situation immediately. Client shall also notify NaviSite by telephone within four hours and in writing within 24 hours of when a violation is detected by Client or its agents.

Clients are responsible for ensuring that security controls are not circumvented by way of actions taken by the Client or individuals accessing Client's systems.

Clients shall not

• Configure their systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorized means.
• Conduct on-line security audits or tests against or through NaviSite systems or networks without coordination with and the explicit, written consent of an authorized officer of NaviSite.
• Gain unauthorized access, or attempt to gain unauthorized access to NaviSite networking, security, management, backup, storage or monitoring systems.
• Install programs or configure systems to allow sniffing of shared networks.
• Access or attempt to access security-relevant information, such as password files that may, among other things, be used to gain unauthorized access to system accounts.
• Install or use software for the purpose of cracking encrypted data, including, without limitation stored passwords.

Clients are also responsible for any misuse of accounts on Client systems located at NaviSite.

Clients must implement measures and procedures to ensure that Client accounts are not accessed or used in an unauthorized manner.

• Clients must maintain and provide NaviSite with a list of authorized individuals and accounts that are permitted to remotely access Client systems hosted by NaviSite.
• Clients must notify NaviSite in writing in the event that a user no longer requires remote access to the Client site. To ensure that access is deleted on time, NaviSite must receive this notification at least five business days in advance of the date that the access is no longer needed by that individual.
• Remote access accounts shall not be transferred from one individual to another, and shall not be shared between individuals. Each user requires an individual remote access account that uniquely and accurately identifies the owner of the account.
• The Client assumes all responsibility for the consequences of the use of a Client account by an unauthorized individual.

Violations And Remedies

NaviSite reserves the right to suspend or terminate at any time the account of any Client that, in the sole discretion of NaviSite, fails to adhere to any of these policies as same are from time to time described at www.navisite.com. NaviSite has the right to seek legal remedies for any damages, costs or expenses that may be incurred as a result of a violation of any of these policies by or through Client.

Depending on the nature of the violation or alleged violation, NaviSite may be notified of violations in a number of ways. These may include notification by an external organization, agency, entity or individual that is affected by the activities of the Client, by another NaviSite Client, or notification may originate within NaviSite when a violation is detected internally.

NaviSite retains the sole right to determine whether a violation of this policy has occurred. In general, NaviSite will attempt to work with the Client to address violations of this policy in accordance with the steps outlined below but is not required to do so. However, based on the severity of the violation or the number or nature of complaints received, NaviSite, in its sole discretion has the absolute right to and may immediately terminate service.

First Violation

Upon notification of a violation, NaviSite will attempt to contact the Client and describe the violation. In general, the Client contact(s) will be called via telephone with the information. NaviSite and the Client will define a specific timeframe within which Client must rectify the violation. A letter may be sent to Client contact formally notifying Client of the violation and setting forth the time frame for Client to remedy the violation. If, in NaviSite's sole discretion, the violation or complained of violation is such that NaviSite elects not to or is unable to contact Client, NaviSite may take whatever steps it deems appropriate under the circumstances.

Second Violation

If the same or similar violation occurs or is complained of a second time and the timeframe for remediation of the initial violation has expired, NaviSite will again attempt to contact the Client to describe the violation. In general the Client contact(s) will be contacted via telephone with this information. If, in NaviSite's sole discretion, the violation or complained of violation is such that NaviSite elects not to or is unable to contact Client, NaviSite may take whatever steps it deems appropriate under the circumstances. NaviSite and the Client will again define a specific timeframe within which Client must rectify the violation. A letter will again be sent to the Client contact notifying Client, this time saying that the violation has occurred again and setting forth the time frame for Client to remedy the violation. NaviSite will bill the Client $1,000 to cover NaviSite's administrative costs associated with managing this effort.

Third Violation

If the same or similar violation occurs or is complained of for a third time and the timeframe for addressing the second violation has expired, NaviSite will again attempt to contact the Client describing the violation. In general, the Client contact(s) will be called via telephone with the information. NaviSite and the Client will define a specific timeframe within which Client must rectify the violation. A letter will again follow this to the Client contact notifying him or her that the violation has occurred again and setting forth the time frame for Client to remedy the violation. NaviSite will bill the Client $5,000 to cover NaviSite's administrative costs associated with managing this effort. If, in NaviSite's sole discretion, the violation or complained of violation is such that NaviSite elects not to or is unable to contact Client, NaviSite may take whatever steps it deems appropriate under the circumstances. If a third violation relates to the over utilization of power, then in addition to all other remedies outlined in this policy, NaviSite shall further bill the Client an additional $100 per day, per over utilized circuit.

In all instances, the Client remains responsible for performing all of its obligations under applicable Master Services Agreements and Schedules and for paying all fees billed by NaviSite, including but not limited to monthly service fees, termination fees, etc. If the violation is not remedied by the agreed upon time frame, NaviSite will terminate or suspend services to the Client. NaviSite retains the sole right and discretion to permanently terminate services to the Client, or to resume service upon remedy of the violation and to obtain whatever assurances NaviSite requires from Client that the violation will not repeat. If, in NaviSite's sole discretion, the violation or alleged violation is such that NaviSite elects not to or is unable to contact Client, NaviSite shall take the steps it deems appropriate under the circumstances without regard to whether the violation is a first, second or third violation.

Modification Of This Policy

From time to time, NaviSite may modify this policy.

Please send reports of any violations in NaviSite's Acceptable Use Policy to abuse@navisite.com.