Last updated April 24, 2024
By using AXIOM SPACE INC. information technology (“IT”) services and/or IT equipment provided by AXIOM SPACE INC. in connection therewith, which includes all enterprise resource planning software, any other software licensed for AXIOM SPACE INC. purposes, and any IT services that provide or include access to the Internet, including, without limitation, email services, mobile applications, hosting services (software applications and hardware), or use of the AXIOM SPACE INC. Websites and any products or services offered on or through the AXIOM SPACE INC. Websites (collectively, the “AXIOM SPACE INC. Services” or “Services”),
This AUP should be read in conjunction with the Service Agreement for your particular AXIOM SPACE INC. Service. Your failure, or others’ failure, to comply with this AUP could result in the suspension or termination of your Service or Service account(s). If you do not agree to comply with this AUP, you must immediately stop your use of the AXIOM SPACE INC. Services and notify AXIOM SPACE INC. to close your account.
AXIOM SPACE INC. reserves the right to change or modify the terms of the AUP at any time effective when posted on AXIOM SPACE INC.’s website at www.axiomspace.com. Your use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
The AUP prohibits uses and activities involving AXIOM SPACE INC. Services that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the AXIOM SPACE INC. Services by others.
The remainder of this Section 2 includes a list and description of some, but not all, of the activities that constitute violations of this AUP if done using AXIOM SPACE INC. Services or equipment, whether provided by AXIOM SPACE INC. or customer-owned.
2.1 Illegal Use: Transmitting, uploading/downloading, posting, receiving, storing, or presenting content or other material that AXIOM SPACE INC. believes would violate or encourage conduct that would violate any applicable local, state, federal or international law or regulation including, but not limited to, content or material which is libelous, obscene, unlawful, threatening or defamatory, or regarding illegal gambling, human trafficking, illegal drugs or goods, weapons, fraud, illegal prostitution, acts of terrorism or other illegal conduct.
2.2 Fraudulent Financial Activity: Making or promoting fraudulent offers to sell or buy products, items, goods or services, advancing any type of illegal financial activity such as “pyramid” or “Ponzi schemes,” or fraudulently charging any method of payment (e.g. debit or credit cards).
2.3 Harm to Minors: Harming, attempting to harm, exploiting or encouraging the exploitation of minors in any way, including, but not limited to, the use of the AXIOM SPACE INC. Services (i) to publish, submit/receive, distribute, solicit, present, upload/download, post, use, copy, or otherwise produce, transmit or store child pornography, or (ii) to collect, post, sell, or disclose personally identifiable or private information of children under the age of 13 without verifiable parental consent in violation of the Children’s Online Privacy Protection Act of 1998 and its implementing rules and regulations.
2.4 For information about how to protect minors online and to determine the appropriate parental blocking and filtering controls for online activity, please visit the websites for Family Online Safety Institute and ConnectSafely, which are advocacy groups that provide information and connections to third-party filtering tools you can use on your home computers and mobile devices.
2.5 Threats and Harassment: Uploading, posting, publishing, or transmitting any material that (i) threatens, harasses, defames, or encourages bodily harm or destruction of property of an individual or a group, including on the basis of age, disability, ethnicity, national origin, gender or gender identity, race, religion, or sexual orientation, or (ii) espouses or promotes racism or bigotry. In addition, for those Services that utilize AXIOM SPACE INC.-provided web hosting, AXIOM SPACE INC. reserves the right to decline to provide such services if the content is determined by AXIOM SPACE INC. to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent, promoting the use of violence, or otherwise harmful to others.
2.6 Spamming: Transmitting or facilitating unsolicited or illegal commercial or bulk email. Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Examples of spamming include but are not limited to the following activities:
2.6.1 sending multiple unsolicited electronic mail messages or “mail bombing” to one or more recipients;
2.6.2 sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
2.6.3 sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
2.6.4 sending electronic messages, files, or other transmissions that exceed contracted for capacity or that create potential for disruption of the AXIOM SPACE INC. network by virtue of quantity, size, or otherwise;
2.6.5 using another site’s mail server to relay mail without express permission of that site;
2.6.6 using distribution lists containing addresses that include those who have opted out;
2.6.7 sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header.
2.7 Phishing: Attempting to impersonate any person, group or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.
2.8 Intellectual Property Infringement: Transmitting, publishing, submitting/receiving, uploading/downloading, using, copying or posting or otherwise reproducing, distributing or storing any content or material that infringes, misappropriates or otherwise violates any copyright, trademark, patent, trade secret, or other proprietary or intellectual property or privacy or publicity rights of AXIOM SPACE INC. or any third party.
2.9 Unauthorized Use of AXIOM SPACE INC.’s Intellectual Property: Using any AXIOM SPACE INC. trademark, trade name or other intellectual property in any way and in any media without AXIOM SPACE INC.’s prior written authorization, or otherwise taking any action that improperly implies that AXIOM SPACE INC. sponsors or is affiliated with you or your use of the AXIOM SPACE INC. Services.
2.10 Collection of Personal Data without Consent: Collecting or attempting to collect personal information about third parties without their knowledge or consent or under false pretenses.
2.11 Unauthorized Account Access: Accessing, attempting to access or assisting another in accessing through any means the accounts, including email or websites, of others without their knowledge or consent.
2.12 Unauthorized System or Network Access: Penetrating, attempting to penetrate, or assisting another in penetrating through any means AXIOM SPACE INC.’s or another entity’s or person’s systems, networks, devices, or software; or circumventing, attempting to circumvent, or assisting another in circumventing AXIOM SPACE INC.’s or another entity’s or person’s security measures. Examples of unauthorized system or network access in violation of this AUP include but are not limited to:
a) unauthorized monitoring, scanning or probing of any network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
b) hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
c) impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
d) using any program, file, script, command, or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
e) distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers, or network probing tools (except in the case of authorized legitimate network security operations); and
f) with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow user’s account to stay logged on while user is not actively using the Services or using such account for the purpose of operating a server of any type.
2.13 Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security: Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use AXIOM SPACE INC.’s network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices, or unauthorized port scanning.
2.14 Denial of Service: Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, or otherwise sending traffic to unknown third parties. You may not permit any network utilizing or accessing the AXIOM SPACE INC. Services, whether through action or inaction, to be configured in such a way that it gives a third party the capability to use your network in an illegal or inappropriate manner.
2.15 Long Connections and Multiple Logins: Using an AXIOM SPACE INC. Service account for high volume or commercial use is prohibited. The AXIOM SPACE INC. Services are intended for periodic, active residential and/or small business use. You may not use the AXIOM SPACE INC. Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.
2.16 Network Probing: Any type of detective network activity, including, but not limited to, port scanning and pinging.
2.17 Terms of Use Violation: Violating the terms of use or policies of AXIOM SPACE INC. or any third party from or through which AXIOM SPACE INC. provides content, including newsgroup providers.
AXIOM SPACE INC. requires anyone who believes that there is a violation of this AUP to direct the relevant information promptly to: AXM-SOC@axiomspace.com. We ask that anyone who believes the violation involves child pornography to direct the report to HumanResources@axiomspace.com. Please direct any questions about this AUP to AXM-SOC@axiomspace.com.
If available, the following information should be provided in the report:
1. The IP address used to commit the alleged violation
2. The date and time of the alleged violation, including the time zone or offset from GMT
3. Evidence of the alleged violation
4. Please note that if you are reporting an email, a copy of the email with full header information provides all of the above information.
All data that is created and stored on AXIOM SPACE INC. computers and other devices is the property of AXIOM SPACE INC. and there is no official provision for individual data privacy, however wherever possible AXIOM SPACE INC. will avoid opening personal emails. IT system logging will take place and investigations will be commenced where reasonable suspicion exists of a breach of this or any other policy. AXIOM SPACE INC. has the right to monitor activity on its systems, including the internet, WIFI, and email use, to ensure systems security and effective operation, and to protect against misuse.
Your failure to comply in full with this AUP may result in AXIOM SPACE INC. taking any number of actions, from the issuance of a warning to a suspension or termination of your AXIOM SPACE INC. Services or account(s). AXIOM SPACE INC. may, but is not required to, monitor your compliance with the terms this AUP. You acknowledge that AXIOM SPACE INC. has the right, but not the obligation, to pre-screen, refuse, or remove any content available from your use of the AXIOM SPACE INC. Services, including, but not limited to, content that violates the law or the terms of this AUP. If AXIOM SPACE INC. receives a complaint or otherwise becomes aware of any possible violation of this AUP, AXIOM SPACE INC. may, in its sole discretion, initiate an investigation. AXIOM SPACE INC. reserves the right, however, to act immediately and without notice to suspend or terminate affected AXIOM SPACE INC. Services in response to a court order or government notice that certain conduct must be stopped, or when AXIOM SPACE INC. reasonably determines that your use of the Services may: (1) expose AXIOM SPACE INC. to sanctions, prosecution, civil action or any other liability; (2) cause harm or to interfere with the integrity or normal operations of AXIOM SPACE INC.’s network or networks with which AXIOM SPACE INC. is interconnected; (3) interfere with another AXIOM SPACE INC. customer’s use of the Services or the Internet; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to AXIOM SPACE INC. or AXIOM SPACE INC. customers. Upon termination of your Service or account, AXIOM SPACE INC. is authorized to delete any files, programs, data, email or other messages associated with your account (and any secondary accounts).
If AXIOM SPACE INC. believes that a violation of this AUP has occurred (regardless of whether it is unlawful), AXIOM SPACE INC. may take any one or more of the following actions without notice to you:
1. Issue a written or verbal warning
2. Remove content
3. Suspend your AXIOM SPACE INC. Services or account(s)
4. Terminate your AXIOM SPACE INC. Services or account(s)
5. Remove, block or otherwise prevent access to websites
6. Bill you for administrative costs and/or reactivation charges
7. Bring or assist in legal action relating to such violations, including to enjoin violations and/or to collect damages, if any, caused by violations.
AXIOM SPACE INC. may revise, amend, or modify this AUP at any time by posting the revised version of this AUP on www.axiomspace.com. The revised version will be effective on the date that it is posted as stated at the end of the revised version. Your continued use of the Services after the date of the revised version constitutes your acceptance of all of the revisions. If you do not agree to the revisions in the revised version, your sole and exclusive remedy will be to terminate your account and cease use of the AXIOM SPACE INC. Services.
The failure of AXIOM SPACE INC. to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable, the remaining sections will remain in full force and effect. You agree to defend, indemnify, and hold AXIOM SPACE INC. and its officers, directors, employees, subsidiaries, affiliates, agents, suppliers, and vendors (collectively, the “AXIOM SPACE INC. Parties,” and individually, an “AXIOM SPACE INC. Party”) harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney’s fees and expenses that an AXIOM SPACE INC. Party may sustain or incur by reason of your violation of this AUP and/or any applicable law or violation of this AUP or/or any applicable law by anyone else through your account. This AUP is governed by Delaware law without regard to conflict of law provisions.
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