Appropriate Use Policy

This Appropriate Use Policy (“AUP”) specifies the guidelines for a Customer’s use of any services ordered from CoreXchange (d/b/a ColoUnlimited and referred to herein as "ColoUnlimited") and is binding on all customers that enter into, or subject to, service agreements with ColoUnlimited. ColoUnlimited reserves the right to modify the AUP at any time, with such modification effective upon posting of the modified AUP to this web site. Customers are responsible for ensuring that their users, representatives, agents, or customers comply with the provisions of this AUP. This AUP does not create an express or implied obligation of ColoUnlimited to any third party, including without limitation any obligation to monitor or review any data or content on ColoUnlimited's network or situated in any of its facilities. Any capitalized term not defined herein shall have the same meaning as defined ColoUnlimited's standard Master Service Agreement (as amended from time to time).

Please direct all questions regarding this AUP to abuse@colounlimited.com or legal@colounlimited.com.

Illegal Data and Content
Customers shall not store or transmit data or content that ColoUnlimited determines, in its sole discretion, to be in violation of any applicable law, regulation, or order of a court of competent jurisdiction. ColoUnlimited reserves the right to cooperate fully with any law enforcement authorities regarding any such data or content. Customers shall be responsible for determining what laws or regulations are applicable to their use of the Services.

Abusive Network Activities
Customers may not engage in, or allow, any activities that ColoUnlimited determines to be abusive network activities directed towards any third party or ColoUnlimited, which include, without limitation, the following:

Forging of message headers or sender identity information
Introduction or propagation of malicious programs (e.g., Trojan Horses, Internet viruses, worms, key loggers)
Engaging in the unauthorized circumvention of the security or authentication procedures of any host, application, account, or network
Executing any interference or denial of service to any host, application, user, account, or network
Intercepting any Internet data not destined for Customer's host server
Disrupting network activity, such as by ping flooding, forged router information, port scanning, email-bombing, packet spoofing, IP address spoofing.

Customer Security Responsibilities

Customers are solely responsible for any breaches of the security of any servers or networked hardware under its control or ownership, including safeguarding all authentication and account information. ColoUnlimited may immediately, and without prior notice or service credit, disconnect any Customer server that it suspects to be involved in any illegal or abusive network activity and initiate an investigation to determine the cause of such activity. Customers are responsible for all costs and expenses incurred by ColoUnlimited and any third party who was damaged by such illegal or abusive network activity. Customers must immediately notify ColoUnlimited of any illegal or abusive network activity by contacting ColoUnlimited at abuse@colounlimited.com

Intellectual Property Infringement
Customers may not store or transmit any data or content that infringes on a third party's intellectual property rights. ColoUnlimited may remove or disable access to any allegedly infringing data or content in order to comply with any court order, regulation or law. COLO UNLIMITED MAY PERMANENTLY SUSPEND OR TERMINATE SERVICES TO ANY CUSTOMER THAT ENGAGES IN REPEATED VIOLATIONS OF THIS INTELLECTUAL PROPERTY INFRINGEMENT POLICY OR ANY APPLICABLE LAW.

Prohibited E-mailing Activities
Customers may not send, or allow to be sent, unsolicited emails ("Spam") over ColoUnlimited's network. Customer may send e-mail only to parties who have expressly requested to receive such e-mail via a "double opt-in" confirmation process. Customers must maintain complete and updated records of all opt-in consents (including the e-mails and headers from each consenting party) and immediately provide such records and sufficient proof of all consents to ColoUnlimited upon request. The aforementioned policy applies to Customer-operated listservs, mail lists, or mailing services that do not target an audience that has expressly consented to receiving such e-mail.

Customers may not engage in the following e-mailing practices:

E-mail header spoofing or forgery
Use of the Services to receive replies to Spam
Host web pages that are advertised in Spam sent from another network
Using third-party proxies in any way to cause the transmission of Spam
ColoUnlimited reserves the right charge Customer $300 per hour in consulting fees for any remedial actions that ColoUnlimited elects to take in the event that, as a result of Customer's activities, ColoUnlimited's servers or IP space are placed in any third-party mail filtering software or black hole lists.

Cooperation with Investigations
ColoUnlimited may engage in any reasonable action, without prior notice to Customer, relating to the Services in order to comply or cooperate with any civil or criminal investigation or cause of action regarding Customer data located on ColoUnlimited's network or Customer-owned equipment located in ColoUnlimited's facilities. ColoUnlimited shall not be deemed to be in breach of any service agreement, nor will it be obligated to grant any service level credits, for any disruptions to the Services.

AUP Enforcement
ColoUnlimited reserves the right at all times to take any necessary actions to enforce this AUP, including suspending, terminating, or limiting the scope of the Services to a Customer, and shall not be obligated to issue any service level credits or other compensation for any resulting interruption in Services. Customers are responsible for any expenses that ColoUnlimited incurs for enforcement and remedial measures in connection with AUP violations, including the payment to ColoUnlimited of emergency-rate consulting fees.