This document is intended to provide a basic understanding of AUTHENTIC NETWORKS's company goals, expected behavior of its Subscribers and customers, and it’s Acceptable Use Policy.

While using the services provided by AUTHENTIC NETWORKS, this Acceptable Use Policy ("AUTHENTIC NETWORKS Customer Policy") is provided to give our subscribers and customers a guideline of acceptable behavior, protocol, and down-stream applications. All users of AUTHENTIC NETWORKS services must comply with this AUTHENTIC NETWORKS Terms of Service (TOS). Please be sure to read both documents before becoming a AUTHENTIC NETWORKS Subscriber.

In accordance with our Terms of Service (TOS), AUTHENTIC NETWORKS may remove any materials, and discontinue service to any account that, in our sole discretion, may be operating illegally or contain illegal subject matter, may subject AUTHENTIC NETWORKS to liability, may bring harm to AUTHENTIC NETWORKS system, network, servers, subscribers, or customers, or which may violate the AUTHENTIC NETWORKS Subscriber Agreement or Customer Policy. Any believed, reported, suspected or alleged crime or civil wrongdoing will allow AUTHENTIC NETWORKS to notify and cooperate with legal authorities and/or third parties to investigate.

. The following are core principles that AUTHENTIC NETWORKS strives to deliver to each and every Subscriber and Customer of our services. We ask that each Subscriber, Customer, Sub-network, and Reseller also follow these basic principles:

. Provide outstanding service with reliable security and privacy of our systems and network

. Foster full and unfettered access to the internet community while upholding full compliance with existing laws, rules, and regulations

. Encourage responsible and legal use of our networks and the Internet and only get involved to respond to inappropriate actions

. Stop activities that: pose harm to others, are illegal, compromise AUTHENTIC NETWORKS systems and resources, discourage responsible users of AUTHENTIC NETWORKS services

The following constitute violations of this Acceptable Use Policy. We ask that each Subscriber, Customer, guest, and/or third parties refrain from the following or risk loss of services, additional fees, and possible legal actions. Sub-networks and Reseller are responsible if their customers, subscribers, guests or third parties perform any of the following as well:

. Cause or allow illegal use of AUTHENTIC NETWORKS services, or in support of illegal activities in any manner, to include harming, or attempt to harm, minors in any way.

. Cause or allow unauthorized access, or to attempt to access, the accounts, systems, or servers of others, or to penetrate, or attempt to penetrate, security measures of AUTHENTIC NETWORKS or another entity's computer software, hardware, network, or internet systems.

. Cause or allow the transmission of any material that threatens, harasses, or encourages bodily harm or destruction of property.

. Cause or allow or make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

. Cause or allow the modification of identifying network header information in an effort to deceive or mislead.

. Cause or allow the transmission of any unsolicited commercial or unsolicited bulk e-mail (SPAM) or cause or allow any of our IP space to be listed in any of the various Spam Databases. Commercial messages that are solicited by the recipients are permitted.

. Cause or allow your dedicated server or virtual site to publish material, in any form, fashion, or medium, which AUTHENTIC NETWORKS determines, at its sole discretion, to be unlawful, indecent, illegal or objectionable.

. Cause or allow the impeding of another person's use of electronic mail services or internet access.

. Cause or allow the transmission of any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party.

Any violation of this Acceptable Use Policy may result in corrective action by AUTHENTIC NETWORKS to include, but not be limited to, the suspension or immediate termination of your AUTHENTIC NETWORKS account and services, additional fees and charges, legal action or other actions as detailed in this document or the Terms of Service agreement without previous notice to the Subscriber or customer.

 

_ Sub-Network and Resellers

AUTHENTIC NETWORKS understands and welcomes Sub-networks and Resellers of AUTHENTIC NETWORKS services, however, these secondary service providers must insure that each and every one of their customers adheres to every policy and rule that is set forth in this Customer Policy and AUTHENTIC NETWORKS Subscriber Agreement. We strongly encourage each Sub-network and Reseller to adopt these policies, or even stronger policies, to insure the integrity and reliability of our services. Sub-networks and Resellers of AUTHENTIC NETWORKS services should, AT THE VERY LEAST, provide a copy of the AUTHENTIC NETWORKS Subscriber Agreement and Customer Policy to each and every customer of theirs.

Anyone using AUTHENTIC NETWORKS services, whether directly through AUTHENTIC NETWORKS or a secondary service supplier (Sub-network or Reseller), will be held accountable for their actions, and all Sub-networks and Resellers of AUTHENTIC NETWORKS services, customers, subscribers, third-party users, guests, and staff will be held accountable in accordance with the provisions contained within the AUTHENTIC NETWORKS Subscriber Agreement and Customer Policy.
As such, to make it perfectly clear, the following are, in addition to the other violations stated in the AUTHENTIC NETWORKS Subscriber Agreement and Customer Policy, actions that will not be tolerated and will constitute violations of AUTHENTIC NETWORKS policies:

. Cause or allow the use of the AUTHENTIC NETWORKS service for any activity which affects the ability of other people or systems to use AUTHENTIC NETWORKS Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited.

. Cause or allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

. Cause or allow unauthorized entry and/or use of another company and/or individual's computer, or attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

. Cause or allow a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

·. Cause or allow the Distribution and/or posting of, or the infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right protected materials.

. Cause or allow the intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems.

. Cause or allow the use of software or any device that would facilitate a continued connection, i.e. pinging, while using AUTHENTIC NETWORKS services.

. Cause or allow the hosting of pornographic content or IRC servers on Virtual Server Accounts.

. Cause or allow the hosting of an IRC server that is part of, or connected to, another IRC network or server.

 

_ Security

Every Subscriber, Customer, Sub-networks or Resellers of AUTHENTIC NETWORKS services is responsible for any misuse of a AUTHENTIC NETWORKS account, even if the inappropriate activity was committed by a third party, friend, family member, guest or employee. Therefore, everyone must take steps to ensure that others do not gain unauthorized access to AUTHENTIC NETWORKS accounts. In addition, AUTHENTIC NETWORKS accounts may not be uses to breach security of another account or attempt to gain unauthorized access to another network or server.

. It is everyone’s responsibility to keep their password secure to protect the integrity and reliability of the AUTHENTIC NETWORKS system and network. Do not share your password and account access with unauthorized users as you will be held responsible for such use.

. Stay within the allowed use and allocation of your account. Attempting to obtain another user's account password is strictly prohibited, as well as attempting to bypass user authentication or security of any host, network or account.

. Use services in a friendly, legal manner. Attempts to interfere with service to any user, host or network ("denial of service attacks") is prohibited. This includes, but is not limited to, "flooding" of networks, “overloading”, or “crashing" a host. Use or distribution of tools designed for compromising security is prohibited.

 

_ Reporting Violations

AUTHENTIC NETWORKS requests that anyone who believes that there is, or has been a victim of, a violation of the AUTHENTIC NETWORKS Acceptable Use Policy or Terms of Service Agreement direct the information to AUTHENTIC NETWORKS here.

If available, please provide the following information:

. The IP address believed to have been used to commit the alleged violation

. The date and time of the alleged violation, copies of emails, transmissions, or any other evidence of the alleged violation.

. The name, IP Address, email address, and contact telephone number of the person making the report. The information regarding the person making the report is for AUTHENTIC NETWORKS internal use only and will be kept anonymous. Such information may however, be required to be supplied to the legal authorities if a criminal investigation is commenced.

 

_ Revisions to Authentic networks Acceptable Use Policy And Terms Of Service Policy

AUTHENTIC NETWORKS reserves the right to revise, amend, or modify the AUTHENTIC NETWORKS Acceptable Use Policy and Terms of Service Policy, as well as any other policies and agreement of AUTHENTIC NETWORKS, at any time and in any manner without previous notice to AUTHENTIC NETWORKS Subscribers, customers, Sub-networks and Resellers of AUTHENTIC NETWORKS services, guests, third parties, and staff.

 

_ Network SLA

Authentic Networks stands by its words of high server availability to our customers; Authentic Networks is 100% committed to providing services and support above today’s industry standards. To us, an SLA isn't a formality - it's our promise, our SLA's are developed to ensure the Highest Server availability, performance and Network uptime possible.

 

Authentic Networks guarantees that the network will be available 99.999% of the time in a given month (no more than 24 seconds downtime per month), excluding scheduled maintenance. After 24 seconds, Authentic Networks will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee Dedicated and Virtual Private Servers only). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server.
Network downtime exists when a particular customer is unable to transmit and receive data and Authentic Networks records such failure in the Authentic Networks trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

 

_ Latency over the Internet

Authentic Networks guarantees that the average monthly latency for round-trip transmissions will be 45 milliseconds or less within the continental United States, 115 milliseconds or less between the United States and Europe, 150 millisecond or less between the United States and Japan and 325 milliseconds or less between Europe and Japan.

Latency is calculated by averaging measurements between various points on the Authentic Networks network over a one month period. If the average monthly latency exceeds our guarantee, all eligible Authentic Networks customers will receive one day of credit for the affected service on their next monthly invoice.

 

_ Packet Loss over the Internet

Authentic Networks guarantees less than 0.3% average packet loss over the Internet within the continental United States, less than 1% between the United States and Europe as well as the United States and Japan. Packet Loss is calculated by averaging measurements between various points on the Authentic Networks network during a one-month period. If our average packet loss is more than 0.3% over a month period all eligible Authentic Networks customers will receive one day of credit for the affected service on their next monthly invoice.

 

_ Infrastructure Guarantee
Authentic Networks guarantees that the critical infrastructure systems, including power and HVAC, will be available 99.999% of the time in a given month (no more than 24 seconds downtime per month), excluding scheduled maintenance. After 24 seconds, Authentic Networks will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer's monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and Authentic Networks records such failure in the Authentic Networks trouble ticket system. Infrastructure downtime is measured from the time the customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

_ Hardware Guarantee
Authentic Networks guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once Authentic Networks identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 3 hours of problem identification. In the event that it takes us more than 3 hours to replace faulty hardware, Authentic Networks will refund the customer 5% of the monthly fee per additional hour of down time (up to 100% of customer's monthly fee). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

_ Applicability

. Eligibility for any credits is subject to Customer’s account being held current and having no outstanding balance due. Customer’s total credit in any contract year shall not exceed 30 days fees for the covered service type, Residual credits may not be carried over to subsequent years.

. Customer must have contracted for the specific service covered under each provision to qualify for any credits against those provisions.

. At any time Customer believes that Authentic Networks has failed to meet any of the service level commitments set forth above, Customer must initiate a trouble ticket With Authentic Networks within 48 hours after the occurrence of such failure in order to receive the credit owed under this SLA.
Once the trouble ticket has been opened, appropriate Authentic Networks staff members will investigate the incident reported by the customer.
If, in the sole reasonable opinion of Authentic Networks, the complaint can be verified as one that may be within the scope of coverage of this SLA, Authentic Networks will provide the appropriate service credit within 30 days of the completion of Authentic Networks’s investigation. If Authentic Networks is unable to verify the occurrence of the violation, Authentic Networks will provide the customer with a written description of the results and conclusion of its investigation. Responsibility for commencement of a trouble ticket rests solely with the customer. Any necessary follow-up is the joint responsibility of the customer and appropriate Authentic Networks personnel. No service credits can be extended unless a trouble ticket has been opened in the Authentic Networks trouble ticket system. In addition, Customer must formally request a credit from the Authentic Networks sales team if Customer believes a credit is due. Under no circumstances shall a monthly credit exceed the total monthly license fee, and no more than one violation of a particular commitment will be credited per day. Under no circumstances shall a customer receive a credit for a violation of an SLA commitment if the violation is a consequence of the customer’s failure to adhere to the appropriate collocation sublicense and Collocation Service Guide.

. Authentic Networks shall not be liable for any delay or failure in performance of this SLA due to war, riots, embargoes, strikes, casualties, accidents, fire, earthquake, flood, acts of God, supplier or vendor failure, outage or malfunction of local or longhaul telecommunications services, utility outage or other occurrence beyond Authentic Networks’s direct control.