LegalSoftLayer is dedicated to the unrestricted free transmission of information via the internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) are the internet's single most valuable feature. SoftLayer is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. SoftLayer does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. SoftLayer follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.
The primary purpose of the SoftLayer Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
The primary purpose of the SoftLayer Private Network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and SoftLayer delivered services. Proper use of the Private Network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and SoftLayer servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The Private Network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the Private Network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the Private Network are available through the sales team. Violation, misuse, or interference of the Private Network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
The primary purpose of the SoftLayer standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. SoftLayer also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. SoftLayer also supplies Microsoft update servers and Red Hat update servers located on the Private Network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in Table C.
SoftLayer does not actively monitor dedicated server content for review. SoftLayer believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on SoftLayer dedicated servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in Table C.
SoftLayer supplies redundant domain names services for all Customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by SoftLayer with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, SoftLayer will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
The IP Address Policy (“IP Policy”), which may be changed from time to time at SoftLayer’s sole discretion, is incorporated into this MSA by reference and provides additional terms and conditions relating to IP Addresses. Customer acknowledges and agrees to adhere to the IP Policy. All Internet Protocol (IP) Addresses are owned and managed by SoftLayer. IP Addresses are non-transferable from SoftLayer, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the SoftLayer engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C. Private IP assignments are available to qualified Customers.
SoftLayer allows the use of private Internet Relay Chat (IRC) servers for communication among private parties. SoftLayer absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
SoftLayer allows the use of internet Peer-to-Peer software for file sharing purposes. SoftLayer highly recommends strict oversight and management of Peer-to-Peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
SoftLayer allows the use of Bit Torrent and Point-to-Point (“P2P”) software protocols on the public network. SoftLayer highly recommends strict oversight and management of Bit Torrent and P2P software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent and/or P2P policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below in Table C. Note: SoftLayer is not required to follow the Methods of Resolution for Hourly Services, and reserves the right to immediately terminate Hourly Services based on violations of this AUP.
SoftLayer accepts reports of alleged violations of this AUP via email sent to abuse@softlayer.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, SoftLayer owes no duty to third parties reporting alleged violations due to lack of privity in contract law. SoftLayer will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth in Table C below or within its sole discretion.
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