This Acceptable Use Policy (“AUP”) describes activities that are prohibited on the Genki network. The AUP is incorporated by reference in the Agreement. Capitalized terms used and not otherwise defined in this AUP shall have the meaning given in the Agreement. Inquiries regarding this policy should be directed to [email protected]
1. ABUSE. Customer shall not use Genki’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:
1.1. Any activity or conduct that is likely to be in breach of any applicable laws, codes, or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
1.2. Use of an internet account or computer without the owner’s authorization;
1.3. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
1.4. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
1.5. Introducing intentionally, knowingly, or recklessly, any virus or other contaminating code into the Services;
1.6. Collecting or using information, including email addresses, screen names, or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
1.7. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
1.8. Distributing software that covertly gathers or transmits information about a user;
1.9. Distributing advertisement delivery software unless:
(A) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and
(B) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove” tool);
1.10. Any conduct that is likely to result in retaliation against the Genki network or website, or Genki’s employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
1.11. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery, or misreporting of any transmission or identification information, such as return mailing and IP addresses;
1.12. Interference with service to any user of the Genki or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
1.13. Any action which directly or indirectly results in any of Genki IP space being listed on any abuse database (i.e. Spamhaus);
1.14. Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which Customer’s site is hosted or accessed; or
1.15. Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to Customer or to Genki.
2. OFFENSIVE CONTENT. Customer shall not publish, transmit, or store on or via the Services any content or links to any content that Genki reasonably believes:
2.1. Constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, nonconsensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
2.2. Publish, transmit, or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security, or interferes with an investigation by law enforcement;
2.3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
2.4. Is defamatory or violates a person’s privacy; or
2.5. Is otherwise malicious, fraudulent, or morally repugnant.
3. LIVE EVENTS. Customer shall not use the Services to stream or in any way support live sex acts of any kind.
4. NO HIGH-RISK USE. Customer shall not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities).
5. MAIL REQUIREMENT. Customer shall comply with laws and regulations applicable to bulk or commercial email in Customer’s jurisdiction. In addition, Customer’s bulk or commercial email must meet the following requirements:
5.2. Customer shall have the means to track anonymous complaints;
5.3. Customer shall not obscure the source of Customer’s e-mail in any manner;
5.4. Customer shall post an email address for complaints (such as [email protected]ain.com) in a conspicuous place on any website associated with the email, and Customer shall promptly respond to messages sent to that address;
5.5. Customer’s intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and Customer can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Genki;
5.6. Customer shall use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
5.7. Customer shall include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail; and
5.8. Customer shall honor revocations of consent and notify recipients of the same. These policies apply to messages sent using the Services, or to messages sent from any network by Customer or any person on Customer’s behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, Customer shall not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if Customer created the list.
6. VULNERABILITY TESTING. Customer shall not attempt to probe, scan, penetrate, or test the vulnerability of a Genki system or network, or to breach the Genki security or authentication measures, whether by passive or intrusive techniques. Additionally, Customer shall not perform such testing of Customer’s own Hosted System without Genki’s prior written consent.
7. NEWSGROUP, CHAT FORUMS, OTHER NETWORKS. Customer shall comply with the rules and conventions for postings to any bulletin board, chat group, or other forum in which Customer participates, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. Customer shall comply with the rules of any other network Customer accesses or participates in using the Services.
8. EXPORT CONTROL. Customer shall not use the Services in violation of export laws, controls, regulations, or sanction policies of the United States or Customer’s applicable jurisdiction. Customer shall ensure that the Services are not used by persons, organizations, companies, or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.
9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. Customer shall not use the Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information.
9.1. Customer shall not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless Customer has permission from the owner of the work to use or copy the work in that manner, or Customer is otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
9.2. Customer shall not use the Services to publish content intended to assist others in defeating technical copyright protections; and
9.3. Customer shall not display another person’s trademark without permission. In addition, Customer shall not use the Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is Genki’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
10. COOPERATION WITH INVESTIGATIONS AND LEGAL PROCEEDINGS. If Genki is legally required to permit any relevant authority to inspect Customer’s content or traffic, Customer agrees Genki can do so; provided however that, where possible without breaching any legal or regulatory requirement, Genki gives Customer reasonable prior notice of such requirement. Genki shall, without notice to Customer, report to the appropriate authorities any conduct by Customer that Genki believes violates applicable law, and provide any information we have about Customer, or Customer’s users or Customer’s traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. EXCESSIVE USE OF SHARED SYSTEM RESOURCES. Customer shall not use any shared system provided by Genki in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, Genki shall require Customer to repair coding abnormalities in Customer’s Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. Customer agrees that Genki may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
12. THIRD PARTY CONDUCT. Customer is responsible for violations of the AUP by anyone using the Services with Customer permission or on an unauthorized basis as a result of Customer’s failure to use reasonable security precautions. Customer’s use of the Services to assist another person in an activity that would violate this AUP if performed by Customer is a violation of the AUP. Customer shall use reasonable efforts to secure any device or network within Customer’s control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software, and operating system and application software patches and updates. Genki’s right to suspend or terminate the Service applies even if a breach is committed unintentionally or without Customer authorization, including through a Trojan horse, Malware or virus.
13.1. Customer shall have valid and current information on file with Customer’s domain name registrar for any domain hosted on the Genki network.
13.2. Customer shall only use IP addresses assigned to Customer by Genki in connection with Customer’s Genki services.
13.3. Customer agrees that if Customer registers a DNS record or zone on Genki managed or operated DNS servers or services for a domain of which Customer is not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Genki may modify, transfer, or delete such records or zones.
13.4. Customer shall not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.
14. CHANGES TO THE AUP. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, Genki may from time to time amend this AUP to further detail or describe reasonable restrictions on Customer’s use of the Services by publishing a revised version of the AUP at https://genkipartners.com/legal/aup, or in the event of a material adverse change to the AUP, by providing Customer 30 days written notice. The revised AUP shall become effective as to Customer on the first to occur of: (i) Customer’s execution of a new or additional agreement for all or part of the Hosted System that incorporates the revised AUP by reference; (ii) the first day of a renewal term for an Agreement that begins at least 30 days after the time that the revised AUP has been posted; or (iii) 30 days following Genki’s written notice to Customer of a material change to the AUP. If Customer’s compliance with the revised AUP would adversely affect Customer’s use of the Hosting Services, Customer may elect to terminate the Agreement by giving Genki written notice of Customer’s objection no later than 30 days following the date that the revised AUP would otherwise have become effective as to Customer. Genki shall not charge an early termination fee for a termination on these grounds. If Customer elects to terminate, Customer may continue using the Services for up to an additional 90 days and Genki shall not enforce the revision as to Customer during this time, Customer shall continue to be subject to the prior version. If Customer chooses to terminate the Services under this Section 14, Genki may decide to waive that change as to Customer and keep the Agreement in place for the remainder of the term.
15. CONSEQUENCES OF VIOLATION OF AUP. If Customer breaches the AUP, Genki may suspend or terminate the Services in accordance with the Agreement. Genki may intercept or block any content or traffic belonging to Customer or to users where Services are being used unlawfully or not in accordance with the AUP. No credit shall be available under the Genki Service Level Agreement for interruptions of service resulting from any AUP violation.
As at: 09 April 2019