Acceptable Use Policy

This Acceptable Use Policy (the “AUP”) describes prohibited uses of the NetAlly’s website located at www.netally.com (the “NetAlly Site”) and all associated Web Services through the NetAlly Site (the “Web Web Services”) offered by NetAlly, LLC (“NetAlly, LLC”, “We”, “Us” and/or “Our”) and its affiliates to you, the user (“You” and/or “Your”). By using the Web Services or accessing the NetAlly Site, You agree to the latest version of this AUP, posted at http://www.netally.com/aup. If You violate this AUP, authorize or help others to do so, We may suspend or terminate Your use of the Web Services, with or without notice. We may modify this AUP at any time by posting a revised version at http://www.netally.com/aup. NetAlly’s Website Terms of Use, a copy of which can be located at https://www.netally.com/terms-of-use, (“ToU”) is hereby incorporated by reference. All capitalized terms not defined herein shall have the meaning set forth in the Terms of Use, as defined therein. If You do not agree to be subject to the terms and conditions of the Terms of Use and this AUP, do not access or use the Web Services, NetAlly Site, or any other aspect of Our business. All examples described in this AUP are not exhaustive.              

NO ILLEGAL, HARMFUL, OR OFFENSIVE USE OR CONTENT
You may not use, or encourage, promote, facilitate, or instruct others to use the Web Services or the NetAlly Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include, but are not limited to, the following:

  1. ILLEGAL, HARMFUL OR FRAUDULENT ACTIVITIES. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, Our operations, or Our reputation, including disseminating, promoting, or facilitating child pornography, offering or disseminating fraudulent goods, Web Services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming;
  2. INFRINGING CONTENT. Content that infringes or misappropriates the intellectual property or proprietary rights of others;
  3. OFFENSIVE CONTENT. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; and/or
  4. HARMFUL CONTENT. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

NO SECURITY VIOLATIONS
You may not use the Web Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to the following:

  1. UNAUTHORIZED ACCESS. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System;
  2. Monitoring of data or traffic on a System without permission; and/or
  3. FALSIFICATION OF ORIGIN. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

NO NETWORK ABUSE
You may not make network connections to any users, hosts, or networks unless You have permission to communicate with them. Prohibited activities include:

  1. MONITORING OR CRAWLING. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled;
  2. DENIAL OF SERVICE (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective;
  3. INTENTIONAL INTERFERENCE. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
  4. OPERATION OF CERTAIN NETWORK WEB SERVICES. Operating network Web Services like open proxies, open mail relays, or open recursive domain name servers; and/or
  5. AVOIDING SYSTEM RESTRICTIONS. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

NO E-MAIL OR OTHER MESSAGE ABUSE
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider.

NO PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION
You agree NOT to upload NOR provide to Us any Personal Information and/or Personal Health Information, as defined in the applicable Date Protection Act, (collectively “Personal Data”) during Your use of the Web Services or via the NetAlly Site. Should You transfer, handle storage, or process Personal Data in conjunction with the Web Services or via the NetAlly Site, You (i) shall notify Us immediately; (ii) agree and acknowledge that You are acting as such Personal Data’s “Controller”, as set forth in the applicable Data Protection Acts; and (iii) agree and acknowledge that We may remove such Personal Data and suspend Your access to the Web Services or the NetAlly Site, at our election.

“Data Protection Act” means the Health Information Portability and Accountability Act (HIPAA) (29 U.S. Code § 1181, et seq.), Gramm Leach Bliley Act (GLBA) (15 U.S Code § 1681), General Data Protection Regulation (GDPR) (EU 2016/679), and other applicable regulations which seek to protect the processing and storage of personal information.

Further, in the event of a breach of Personal Data attributed to Your actions or inactions in furtherance of Your Use of the Web Services or the NetAlly Site in violation of the Data Protection Acts, You hereby covenant that you shall promptly (i) take all necessary steps to curtail such breach; (ii) undertake all necessary actions to mitigate damages; (iii) provide the necessary notification and remediation, as set forth in the applicable Data Protection Act; and (iv) aid and assist Our efforts to do the same, at Your sole cost and expense.

OUR MONITORING AND ENFORCEMENT
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Web Services or NetAlly, LLC Site. We may:

  1. Investigate violations of this AUP or misuse of the Web Services or NetAlly Site;
  2. Remove, disable access to, or modify any content or resource that violates this AUP or any other agreement
    We have with You for use of the Web Services or the NetAlly Site; and/or
  3. We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

REPORTING OF VIOLATIONS OF THIS AUP
If You become aware of any violation of this AUP, You agree to immediately notify Us and provide Us with assistance, as requested, and to stop or remedy the violation. To report any violation of this AUP, please email us at legal@netally.com.

Last Updated:  21-May-22