Acceptable Usage Policy - MIGSOLV
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Acceptable Usage Policy

Introduction

This Acceptable Use Policy (“AUP”) is applicable to all Customers (individually a “Customer” and collectively “Customers”), including their direct or indirect end users that receive or use any service or resource from MIGSOLV.

Acceptable Use of MIGSOLV Service

MIGSOLV service(s) means the services as defined and purchased by Customers in their applicable agreement with MIGSOLV. When Customers use, access and or perform activities on their service environment, data and content, Customers are responsible for ensuring these activities do not impose any risk to, or negatively impact MIGSOLV, other Customers and or third-party sites or systems associated with or supported by MIGSOLV.

Prohibited Activities

A Customer may not use or access or allow or cause any third-party to use or access MIGSOLV’s network or services to engage in, foster or promote illegal, abusive or irresponsible behaviour, including but not limited to:

  • gaining, or attempting to gain, unauthorized access to any system or network, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization and consent of the owner of the system or network.
  • sending unsolicited mass e-mail or other messages or communication in any form, commonly referred to as spam.
  • altering, defacing or otherwise causing any unauthorized or unapproved modification of any system belonging to MIGSOLV, any Customer or any other system on the Internet.
  • storing, transmitting or processing material in a manner that violates intellectual property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks.
  • violating the privacy rights of others, including, without limitation, the collection of information about individuals, including e-mail addresses, screen names or other identifiers without their knowledge or consent (e.g., phishing, Internet scamming, password robbery, spidering and harvesting), except as allowed by applicable laws and regulations.
  • transmitting or storing any material that is unlawful, obscene, harassing, libellous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others.
  • engaging in, or permitting, any activity that leads to a degradation or denial of service for MIGSOLV, its Customer or any other system or site on the Internet.
  • intentionally, recklessly or negligently omitting, forging, deleting or misrepresenting transmission information—including, without limitation, headers, return-address information and IP addresses—that is intended to cloak or hide the identity or source of information transmitted by a Customer’s system, Customers or end users; or engaging in, or permitting, any activity that results in the overutilization of power circuits.

If a Customer becomes aware of any such prohibited activity, then the Customer agrees to immediately (i) notify MIGSOLV, and (ii) commence remediating the prohibited activity to the best of their ability.

Customers are responsible for ensuring that security controls are not circumvented by its acts or omissions.

In addition, Customers shall not:

  • configure their systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorized means.
  • conduct online security audits or tests against or through MIGSOLV systems or networks without prior notification to MIGSOLV.
  • install programs or configure systems to allow the monitoring, or “sniffing,” of data traveling over a shared network.
  • access, or attempt to access, security-relevant information, such as password files that may, among other things, is used to gain unauthorized access to system accounts.
  • install or use software for the purpose of cracking encrypted data, including, without limitation, stored passwords.

Customers assume all responsibility for any adverse consequences that result from the use of their accounts by an individual that was granted access by Customer.

Violations and Remedies

If MIGSOLV believes that systems located within the MIGSOLV facilities and/or the MIGSOLV environment are being used in an unlawful or improper manner or for unlawful or improper activities, MIGSOLV will fully cooperate with civil and criminal enforcement authorities conducting investigations of such use or activities.

MIGSOLV supports the investigation of prohibited activities as listed above and/or any other activities that may impact the operation or security of MIGSOLV, Customers or other systems accessible by Customers.

MIGSOLV may suspend any services without notice to, or approval from a Customer if MIGSOLV, in its sole discretion, deems such suspension is necessary to protect its systems, facilities or interests or those of Customers, including, without limitation, in response to any perceived threat of a computer virus, exploit scripts or other malicious software or denial-of-service attack (in each case, from any source). MIGSOLV will use commercially reasonable efforts to notify Customers prior to such suspension.

Notwithstanding anything to the contrary herein, MIGSOLV retains the sole right to determine whether a violation of this AUP has occurred and the severity of any such violation. MIGSOLV will endeavour to work with Customers to address violations of this AUP but is not required to do so if immediate action is required. Based on the severity of the violation or the number or nature of violations of this AUP by Customers, MIGSOLV retains the sole right to suspend or terminate a Customer’s services without notice or approval by such Customer.

General Terms and Conditions Regarding this Policy

CUSTOMERS AGREE TO BE BOUND BY THIS AUP. From time to time, MIGSOLV may modify this AUP. By using the MIGSOLV services or facilities after any such modifications, Customers agree to those modifications. In the event that any provision of this AUP and any other contractual provision between a Customer and MIGSOLV are inconsistent or conflicting, the inconsistent or conflicting provisions of this AUP shall control.