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This document defines the Acceptable Use Policy (“AUP”) for Fusionapps, setting forth the policy for protection and availability of access to the internet, and products and services of Fusionapps. The purpose of the policy is to ensure proper use is made by users of the products, services and access to the internet granted by Fusionapps; establish rules for users’ conduct when using the internet; and make users aware of what Fusionapps deems to be acceptable and unacceptable use of the internet system and the products and services of Fusionapps.

All users are required to read this AUP before proceeding. Your use of any products or services of Fusionapps constitutes acceptance of the AUP. Fusionapps requests that anyone who believes that there is a violation of this AUP direct the information to abuse@fusionapps.net.

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation
  • Evidence of the alleged violation

Prohibited Activies
This policy prohibits certain activities.

    Each of the below practices (each, a "Prohibited Activity") constitutes a violation of Fusionapps’ AUP and may subject the user and Fusionapps to legal liability:
  1. Accessing, transmitting, uploading, downloading, or distributing material that, in Fusionapps’ sole judgment, is: (a) a violation of any applicable local, state, national or international law (including, without limitation, any law, rule or regulation related to intellectual property or proprietary rights); (b) obscene, indecent or otherwise offensive; (c) harmful to minors; or (d) threatening or harassing.
  2. Unauthorized access, including so-called “hacking,” and other unlawful activities by individuals online.
  3. Unauthorized disclosure, use, and dissemination of personal identification information.
  4. Downloading, installing and using any unauthorized and unlicensed software on Fusionapps assets.
  5. Engaging in any other activity that:
    1. is fraudulent or advances any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters”;
    2. threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorization);
    3. attempts to use a service or product in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
    4. otherwise degrades or interferes with other users' use of any service or product;
    5. breaches a third party non-disclosure agreement or obligation, or
    6. attempts to resell any product or service without Fusionapps’ authorization.
  6. Engaging in any of the activities listed above by using another provider's service but channeling the activity through Fusionapps’ service.

ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS AUP ON BEHALF OF A USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A USER, SHALL BE CONSIDERED A VIOLATION OF THE AUP BY SUCH USER.

Rights and Remedies
Fusionapps may suspend and/or terminate a user's service at any time for any failure of a user to comply with this AUP or for engaging (or permitting others to engage) in a Prohibited Activity.

Fusionapps reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, Fusionapps reserves the right to charge a user to cover administrative costs associated with the Prohibited Activities of the user including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them service, in an amount (i) equal to Fusionapps’ actual expenses incurred in preventing or responding to such activity, or (ii) up to $500, whichever is greater.

Nothing in this AUP limits Fusionapps’ rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.

Modification of Policy
Fusionapps reserves the right to change this policy from time to time with or without notice.

Indemnification
Users agree to indemnify and hold Fusionapps and its officers, directors, employees and agents harmless from and against any loss, damage, expense or liability resulting from any claim, action or demand (including reasonable attorneys fees), arising out of or related to the user’s use of Fusionapps-owned or leased computer resources and the network.

Compliance With Other Policies
Users are advised that the terms of other AUPs to which Fusionapps is or may become a party are hereby deemed incorporated herein and shall be enforceable in accordance with their terms.