Acceptable Use Policy (AUP)

General Introduction

Turnium Technology Ltd. Inc. and its affiliates provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, voice and other data communications, internet-related and telecommunications services (each, a “Service” and collectively the “Services”).
This document defines the Acceptable Use Policy (“AUP”) of the Services with a view of ensuring the integrity, security, reliability and privacy of the Turnium Technology Ltd. network, systems, products, services, server hosting facilities and data contained therein (collectively, the “Turnium Technology Ltd. Network” or “Network”).
Turnium Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using the Turnium Network and Services.
For the purposes of this policy, a Customer is defined as any party who uses a Service from Turnium Technology Ltd..

Prohibited Activities

For the benefit of all of Turnium Technology Ltd. subscribers, as a condition of the Services, Turnium Technology Ltd. prohibits the following activities:

1. Unlawful or Improper Use of the Services.
The Client may not use the Services in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, the Client may not use the Services for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any Turnium Technology Ltd. property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Services, including other Turnium subscribers. The Client may not use or attempt to use the Services in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. The Client may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for the Client, logging into a server or account that the Client is not expressly authorized to access, or probing the security of other networks. The Client may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. The client may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet.

2. Excess Utilization of Network Resources.
The excessive use or abuse of Turnium Technology Ltd. network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, the Client may not use the Services or take any action, directly or indirectly, that will result in excessive consumption or utilization, (beyond 80% of link capacity on a continuous basis, unless otherwise agreed upon between the Client and the Contractor) of the system or network resources, or which may weaken network performance, as determined in Turnium Technology Ltd. sole discretion. Such prohibited actions include, but are not limited to: using the Services to host a web server site which attracts excessive traffic at the Client’s location, continuously uploading or downloading streaming video or audio, Usenet hosting, gaming server hosting or continuous FTP uploading or downloading.

3. Intellectual Property Infringement.
The Client may not use the Services to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of movies, photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software.

4. Objectionable Material.
The Client may not use the Services to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libellous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, provincial, national, or international law, order, rule, or regulation.

5. Junk E-mail.
The Client may not use the Services to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, “Spam”). Turnium Technology Ltd. considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.

6. Fraudulent Activity.
The Client may not use the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” The Client may not use techniques to hide or obscure the source of any e-mail or other communication.

7. Impersonation.
The Client may not use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent the Client’s affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, the Client may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

8. Software Viruses.
The Client may not use the Services to upload files or transmit any material that contains viruses, worms, Trojan Horses, time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties intentionally.

9. Collecting Information.
The Client may not use the Services to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.

10. Use of the Client’s Account by Others.
The Client may not, through action or inaction, allow others to use the Services for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. The Client may not permit the Client’s network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Services in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.

11. Reselling.
The Client may not directly or indirectly reproduce duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Services without Turnium Technology Ltd. prior written consent.

12. Excessive use of resources.
The Client agrees to comply with all Turnium Technology Ltd. network, bandwidth, and data storage and usage limitations. The Client shall ensure that the Client’s bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If the Client’s use of the Service, whether intended use or use derived from any script(s), virus, or worm(s) installed, results in the consumption of bandwidth in excess of the applicable limitations that is a violation of this Acceptable Use Policy. In such cases, Turnium Technology Ltd. will bill the Client for the usage and may, in its sole discretion, terminate or suspend the Clients Service account or request that the Client subscribe to a version of the Service with higher bandwidth usage limitations if the Client wishes to continue to use the Service at higher bandwidth consumption levels. Turnium Technology Ltd. will provide the Client written notification of any excessive use of service or violation of Policy prior to taking any action.

VIOLATION OF ANY OF THESE PROHIBITED ACTIVITES MAY RESULT IN ACTION TAKEN BY TURNIUM TECHNOLOGY LTD. WHICH CAN INCLUDE, BUT IS NOT LIMITED TO, THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES THE CLIENT RECEIVE FROM TURNIUM TECHNOLOGY LTD..

Security Precautions

The Client is solely responsible for implementing sufficient procedures and checkpoints to satisfy the Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data.

Illegal and Fraudulent Activity

The Client acknowledges and agrees that Turnium Technology Ltd. may cooperate fully with investigations of possible illegal activity or violations of systems or network security. This may include local or remote events and will include cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal and/or civil liability. Turnium Technology Ltd. may immediately suspend or terminate the Client’s Service if Turnium Technology Ltd. suspects abuse or fraudulent use of the Service, interference with our network, or violation of this AUP, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. The Client must cooperate with Turnium Technology Ltd. in any fraud investigation and use any fraud prevention measures that Turnium Technology Ltd. prescribes. The Client’s failure to provide reasonable cooperation may result in the Client’s liability for all fraudulent usage.

Privacy; Monitoring the Service, Policy Management

Turnium Technology Ltd. is under no obligation to monitor the data passing through its network, but Turnium Technology Ltd. may do so from time to time at its discretion. Without limiting any other right of Turnium Technology Ltd. under this, Turnium Technology Ltd. may disclose any information regarding the Client or the Client’s use of the Services for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Services in an efficient manner, or to otherwise protect Turnium Technology Ltd.’ property or legal interests and those of its customers. To protect its customers and its network Turnium Technology Ltd. may, without limitation, block or allow traffic types as we see fit at any time.
Upon termination of the Client’s account, Turnium Technology Ltd. is authorized to delete any files, programs, data and e-mail messages associated with the Client’s account on the Contractor owned assets only.

Responsibility for Content

Turnium Technology Ltd. takes no responsibility for any material created or accessible on or through its network. Turnium Technology Ltd. is not obligated to monitor such material, but reserves the right to do so. Turnium Technology Ltd. will not exercise any editorial control over such material. In the event that Turnium Technology Ltd. becomes aware that any such material may violate this AUP and/or expose Turnium Technology Ltd. to civil or criminal liability, Turnium Technology Ltd. reserves the right to block access to such material and suspend or terminate any Customer creating, storing or disseminating such material. Turnium Technology Ltd. further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Turnium Technology Ltd. deems responsible for the wrongdoing.

Reporting Violations

Turnium Technology Ltd. requests that any person who becomes aware of a violation of this AUP report the information to Turnium Technology Ltd. at “abuse@turnium.com”. If available, please provide the IP used to commit the alleged violation and the date and time of the alleged violation. Turnium Technology Ltd. may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a written warning; suspend the Client’s account; terminate the Client’s account; bill the Client for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

Revisions; Reservation of Rights

Turnium Technology Ltd. reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on the Turnium Technology Ltd. website and providing written notification to the Client upon each material revision, modification or amendment. The Client agrees that continued use of the Services after the effective date of any such revision, amendment or modification will constitute acceptance thereof and shall thereafter be bound by the terms of this AUP, as revised, modified or amended.

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