INGRAM MICRO CLOUD SERVICES ACCEPTABLE USE POLICY
Last Modified: August 13, 2014
The following is Ingram Micro's Acceptable Use Policy (the "AUP") that describes prohibited uses of the Ingram Micro Cloud Marketplace website (the "Site") and Ingram Micro’s cloud services (the " Services"). Ingram Micro’s General Terms of Service ("Terms") govern the general relationship between you and Ingram Micro or any of Ingram Micro’s affiliates and this AUP and all related and linked policies are incorporated by reference into the Terms. All related policies are available on our Legal site https://be.cloud.im/legal/.
The provisions contained in the AUP constitute the terms of your use as it relates to acceptable behavior and conduct in connection with your use of the Site and the Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any law, regulation, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in the AUP, is prohibited. Ingram Micro reserves the exclusive right, at any and all times and in its sole and absolute discretion, to prohibit any of your activities in connection with your use of the Services that in any way damage or have the reasonable likelihood of damaging Ingram Micro, its affiliates or any of their commercial reputation or goodwill.
Your use of the Site and Services is subject to the most current version of the AUP posted on the Site. You agree to comply with this AUP and all policies regarding permitted and prohibited uses of the Services and Site as may be posted by Ingram Micro on the Site, including any related blogs or forums. Ingram Micro reserves the exclusive right, at any time, to change any portion of the AUP, or any other policies or guidelines governing the Site or Services. Any changes will be effective upon posting of the revisions on the Site. Your continued use of the Site or Services is your acknowledgment of the changes to the AUP, and if you don’t agree to the changes, you must immediately discontinue use of the Services and Site.
If Ingram Micro determines, in its sole and absolute discretion, that you may have violated the AUP, Ingram Micro may permanently prevent you from using the Site and Services, cancel the Services without refund and, if appropriate, pursue legal action against you. In addition, you may be subject to civil or criminal penalties and/or injunctive redress.
"Ingram Micro" refers to Ingram Micro Inc., a Delaware corporation if you live (or if a business, headquartered) in the United States, Canada or Mexico or Ingram Micro Global Services B.V., a Dutch B.V. if you live (or if a business, headquartered) in any other country.
"You" or "your" means any individual or entity who accepts the Terms, has access to your account, uses the Services or the Site, or orders the Services, and includes both end users of the Services as well as Ingram Micro authorized reseller customers ("Ingram Micro Resellers").
"Services" means Ingram Micro’s cloud services offered through the Site, including, but not limited to Ingram Micro’s Hosted Exchange, Ingram Micro’s Virtual Private Server (VPS), Ingram Micro Web Hosting, Ingram Micro Domain Registration, and Ingram Micro Support Services, and for the purposes of the AUP excludes any services offered by third party vendors.
2. SYSTEM AND NETWORK SECURITY ACTIVITIES
In connection with your use of the Site and Services, you are strictly prohibited from engaging in the following activities:
1) tampering with accounts of other users, or committing unauthorized intrusions into any part of Ingram Micro system or related systems;
2) using servers, files, accounts, or networks to intrude, without authorization, into any other system or systems;
3) accessing or attempting to access any areas of or through the Site that are not intended for general public access without Ingram Micro’s written consent;
4) using accounts not provided or intended for use by you or circumventing security provisions in order to access Services for the purpose of avoiding fees or any other purpose;
5) using Ingram Micro system(s) in a manner that Ingram Micro determines, in its sole and absolute discretion, unfairly encumbers disk space, processors, network or other system resources beyond those provided to you as part of the Services purchased;
6) making deliberate attempts to interfere with or overload any other service or attempt to disable a host;
7) any network-based attack on local or foreign networks, hosts, servers, or any systems or applications, including without limitation, overloading, engaging in "denial of service" attacks, "crashing" or "mail-bombing", in which case Ingram Micro may notify the appropriate law enforcement authorities of such violation(s); and
8) using the Site or Services in any other manner that might interrupt or interfere with the access to or use of the Internet by another party.
3. EMAIL USAGE ACTIVITIES
In connection with your use of the Site or Services, you are strictly prohibited from engaging in the following activities:
i. sending commercial e-mail to a recipient if such recipient has requested that you discontinue such communication;
ii. transmitting e-mail to non-consenting recipients that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any e-mail that encourages conduct that would constitute a criminal offence, or otherwise violates any applicable local, provincial, national or international law;
iii. knowingly transmitting e-mail that contains malware or any type of software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any computer software or hardware;
iv. forging e-mail header information in any way;
v. using your account with Ingram Micro or accessing a network connection by using the Ingram Micro Services to collect e-mail replies of messages sent from any other Internet service provider that is in violation of the AUP or those of the originating service provider;
vi. sending means unsolicited e-mails, including without limitation, commercial advertising and informational announcements ("Spam");
vii. using another site’s mail server to relay your e-mail without the express permission of that other site; or
viii. using the SMTP gateway provided by Ingram Micro for any purpose that is deemed, in the sole and absolute discretion of Ingram Micro, to constitute resource abuse.
Ingram Micro reserves the sole and exclusive right to block, without notice, any email messages to you or sent by you that Ingram Micro determines, in its sole and absolute discretion, might contain any viruses or be considered Spam.
4. EXTERNAL LINKS TO ADVERTISERS
You agree that Ingram Micro may provide to you links to other websites or resources that advertise on the Site. You also agree that you will not attempt to block or otherwise interfere with any such advertisements. Doing so is ground for immediate termination of access to the Site and Services. The manner, mode and extent of advertising by Ingram Micro are subject to change. All correspondence or business dealings that you have with any advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ingram Micro will not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
5. ADDITIONAL AUP PROVISIONS
1) You agree to abide by the following additional provisions:
2) You may only use the Services provided to you by Ingram Micro for lawful purposes, as determined by Ingram Micro in its sole and absolute discretion. Use of the Services or Site, transmission, storage, distribution or presentation of any information made available, displayed or transmitted in connection with the Services, including, but not limited to, all trade-marks, domain names, contents of any bulletin boards or chat rooms or forums, information made available by means of an HTML "hyper link", a third party posting or similar means and all updates, upgrades, modifications and other versions of any of the foregoing ("Content"), in violation of any and all applicable laws is prohibited, regardless of jurisdiction. Content includes, but is not limited to: (a) material protected by intellectual property rights used without proper authorization; (b) material judged to be defamatory, threatening or obscene, or violating export control laws; (c) information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment; and (e) information that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. The transmission, storage, distribution or presentation of the following are also prohibited: (a) Pornography and sex-related merchandising; (b) Content that may infer sexual content or any links to adult content elsewhere; (c) Content that promotes any illegal activity or Content that may be damaging to Ingram Micro servers or any other server on the Internet; and (d) links to unlawful materials. The following are examples of unacceptable content or links: pirated software, hackers’ programs or archives, warez Sites, IRC Bots, pirated music or movies, malware, including any form of Spyware or any related software that records a user’s activities without their permission and forwards that information via the Internet; and Spam software (i.e. any software that allows a user to transmit Spam in violation this policy).
3) You agree to comply with any security processes and procedures (such as passwords) Ingram Micro may specify with respect to access to or use of the Site or Services.
4) Ingram Micro reserves the right, to immediately, with or without notice, prevent you or any other party from accessing the Site or Services or deactivate the Service at any time if Ingram Micro determines a violation of the AUP has occurred in any way or might result from use of the Service or Site.
5) Ingram Micro is not responsible in any way for the Content hosted on Ingram Micro servers, or for the reliability of the transmission of data across or through Ingram Micro network. This includes, but is not limited to, any Content hosted in Ingram Micro services that allow users to store e-mail address information, personal images, bookmarks, and contact information. You are solely responsible for backing up your Content and/or any of your files that reside on Ingram Micro managed and/or owned servers.
6) Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated with care. Ingram Micro is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network, which Ingram Micro or Ingram Micro customers may use.
7) Use of any Content obtained via Ingram Micro is at your own risk. Ingram Micro specifically denies any responsibility for the accuracy or quality of information obtained through Ingram Micro Services.
8) Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
9) Ingram Micro reserves the sole and exclusive right to cancel your account with Ingram Micro and to terminate any Service, based on, but not limited to, you engaging in activities that: (i) encumber the CPU; (ii) require resource intensive processes, including the usage of resource intensive software applications or server-side scripts; (iii) require significant bandwidth (including involuntary DDoS attacks against you); or (iv) require significant disk space.
10) Ingram Micro reserves the right to deactivate your Services upon any indication of credit problems, including, but not limited to, delinquent payments.
12) Ingram Micro reserves the right to decide the content that is displayed on any and all domain parking pages that are hosted by Ingram Micro. A domain name is considered parked if Ingram Micro has registered or manages a domain name on your behalf, but you have not purchased or subscribed for any accompanying Services that are connected to that domain name. You agree Ingram Micro may display any type of domain parking pages, without your prior consent, that Ingram Micro deem to be appropriate including, but not limited to, domain parking pages which may advertise other Services provided by Ingram Micro or any wholly-owned and/or affiliated brands.
13) Ingram Micro maintains exclusive control and/or ownership of any and all Internet Protocol (IP) numbers that may be assigned to you and Ingram Micro reserves, in its sole and absolute discretion, the right to change or remove any and all such Internet Protocol numbers and addresses.
14) If Ingram Micro cancels your account(s) for any reason, you agree not to re-register with Ingram Micro without Ingram Micro prior written consent. In the event you re-register without Ingram Micro prior written consent, Ingram Micro will cancel your account(s) and all dues and fees paid to date will be forfeited regardless of whether the Services have been rendered. Additionally, any amounts owned in arrears will be become immediately due and payable.
15) You will be held responsible for keeping all billing data for Ingram Micro accurate and up-to-date. Any misrepresentations you make in respect of any data and/or information supplied by you or on your behalf during the registration process will be grounds for termination your account. You acknowledge and agree that your use and continued use of the Services are subject to periodic fraud screening techniques, that may include, but are not limited to, credit card address verification systems, fraud ranking scores, telephone number verification, SMS verification, photo ID and any other methods considered reasonable and acceptable in the industry.
16) You may only access servers by means of the Internet.
17) Ingram Micro may, as it determines in its sole and absolute discretion, terminate your account(s) immediately by giving notice in writing in the event that you present an abnormal risk of loss to Ingram Micro, other customers, or any third party, including, without limitation, incurring a significant amount of billable charges for which you have not been credit approved.
18) Ingram Micro reserves the sole and exclusive right to limit, at any time and without prior notice, the type and quantity of support provided to you for the Services purchased. Support includes, but is not limited to, telephone, email, chat and any other medium deemed acceptable to Ingram Micro personnel.
If Ingram Micro becomes aware of any alleged violation of the Terms or the AUP, Ingram Micro may initiate an investigation. Ingram Micro may, at any and all times and in its sole and absolute discretion, during such an investigation, restrict your access to Services or the Site in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, Ingram Micro may, in its sole discretion, restrict, suspend, or terminate your account and pursue other legal or equitable remedies. You agree that monetary damages might not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations. If such violation appears to violate laws, regulations or the like, Ingram Micro may notify the appropriate regulatory or law enforcement agencies of such violation.
You acknowledge and agree that to the extent permitted by law, Ingram Micro, its affiliates, suppliers and agents may cooperate with: (i) regulatory agencies and law enforcement authorities in the investigation of suspected civil or criminal violations; and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Such cooperation may include Ingram Micro providing the username, IP address or other identifying information about a user.
Although Ingram Micro has no legal obligation or present desire to monitor the Services or the network, Ingram Micro reserves the right to monitor and investigate usage and content from time-to-time to operate the Services; to identify violations of the Terms and AUP; and to protect the network and Ingram Micro customers.
Notwithstanding any of the above, Ingram Micro reserves the sole and exclusive right to terminate your access to any Services, at any time for cause or without cause, as Ingram Micro determines in its sole and absolute discretion. If Ingram Micro terminates your access without cause, it will pro-rate and refund to you any fees that have been paid in advance of termination. If Ingram Micro terminates your access to any of the Services as a result of a violation of the Terms or this AUP that causes Ingram Micro to incur any additional costs (e.g., network traffic, disk space, licensing charges, etc.), you acknowledge your responsibility to indemnify and reimburse Ingram Micro from fees paid in advance or future billing. Upon termination of the Services, Ingram Micro may, in its sole and absolute discretion, delete any files, programs and data associated with your account and will have no obligation to return any such files, programs or data associated with your account. As noted above, you are responsible for maintaining back-ups of any such files, programs or data.