Acceptable Use

ViaWest, Inc. ("ViaWest") has published this acceptable use policy ("AUP") in an effort to provide reliable, high-quality service to our customers. By using ViaWest’s services or network, you agree to the latest version of this AUP. If you violate this AUP, we may suspend or terminate your use of ViaWest’s services or network. We may modify this policy at any time by posting a revised version on the ViaWest website.

Illegal, Harmful, or Offensive Conduct

You may not use ViaWest's services or network for illegal purposes. Examples of prohibited activities include any use of the ViaWest services or network:
  • in violation of any applicable local, state, or federal law or regulation;
  • in a manner that infringes or may infringe upon any copyrights, trademarks, patents, trade secrets, or other types of intellectual property;
  • to transmit offensive or threatening materials, including materials that are obscene, pornographic, defamatory, libelous, abusive, hateful, excessively violent, or otherwise inappropriate;
  • to transmit fraudulent, deceptive, or misleading materials or to advance any type of financial scam;
  • to transmit any materials that harass another person or entity;
  • to transmit viruses, Trojan horses, or other materials harmful to any network or equipment or other users or third parties; or
  • in a manner that exposes or may expose ViaWest, its customers, partners, or vendors, or any other person or entity using the ViaWest network to abuse, complaints, retaliation, connectivity issues, or other negative impact.

System and Network Security

You may not use ViaWest's services or network to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization. Examples of prohibited activities include any attempt to:
  • access any network, service, data, or other system that you are not authorized to access;
  • probe, scan, or test the vulnerability of any network, service, or system without proper authorization;
  • breach any security or authentication measures;
  • monitor data or traffic on any network or system without proper authorization;
  • interfere with service to any user, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks;
  • forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or
  • use the account name of another person without proper authorization.

Abuse Violations

No spam. You may not use ViaWest's services or network to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as "spam"). In addition, you may not use the services or network of another provider to send spam or to promote a site hosted on or associated with ViaWest's services or network.

Newsgroups and Online Forums. All postings to newsgroups and online forums must comply with the written charters, rules, or FAQs for that group. You are responsible for determining the policies of a newsgroup or online forum before posting to it. In addition, you may not attempt to flood or disrupt the newsgroups.

E-mail Service Limits. If you are using ViaWest email service, the maximum size per message is limited to 15 MB (incoming and outgoing). Messages that exceed the limit shall be rejected, and mailboxes that exceed the limit shall not be able to receive further incoming mail. ViaWest reserves the right to limit mailbox size based on requirements and business need.

Web Pages. As part of the services, ViaWest may provide web hosting services. You are solely responsible for any content that you publish or display on your web pages or web site, including ensuring that the content complies with the terms of this AUP.

Attacks

If you are using ViaWest network services and:
  • you are the subject of a network attack, such as a DDoS attack, that is large enough to affect network traffic, or
  • your server and/or application is compromised;
ViaWest has the right, immediately and without prior notice, to terminate routing, block ports and IP address space, and/or suspend services in order to protect the integrity of the ViaWest network and preserve the services provided to other users.

Consequences

If ViaWest determines that you have violated any of the terms of this AUP, ViaWest has the right to (i) demand immediate removal of the violating material and/or (ii) terminate or suspend your services. ViaWest may involve and will cooperate with law enforcement authorities if criminal activity is suspected. In addition, if you violate this AUP, you may be subject to civil or criminal liability. ViaWest shall not be liable for any damages suffered by any user or third party resulting directly or indirectly from any actions taken by ViaWest pursuant to this AUP.

Violation Reporting

Violations or potential violations of this AUP may be reported to ViaWest at abuse@viawest.net.

E-mail Limits

In order to ensure server stability and uptime of the mail server, the following limits shall apply to all Users of ViaWest e-mail: (i) size per message: 15 MB (incoming and outgoing); and (ii) maximum mailbox size: 20 MB (total). Messages that exceed the above limit shall be rejected, and mailboxes that exceed the above limit shall not be able to receive further incoming mail. Messages that have been unchecked for 90 days automatically shall be deleted from the server.

Consequences

If ViaWest determines that a User has violated any of the terms of this AUP, ViaWest shall have the right in its sole discretion (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User's services. ViaWest may involve and shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP may be subject to civil or criminal liability. ViaWest shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by ViaWest pursuant to this AUP.

Violation Reporting

Violations or potential violations of this AUP may be reported to ViaWest at abuse@viawest.com.