ECO Carrier Acceptable Use Policy

ACCEPTABLE USE POLICY

46 Labs LLC and its affiliates (collectively, "46 Labs") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of 46 Labs's and 46 Labs's underlying carriers' networks, systems, services, websites and products (collectively, the "46 Labs Network and Services") by our customers and other users of the 46 Labs Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the 46 Labs Network and Services, Users consent to be bound by the terms of this AUP. 46 Labs reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the 46 Labs Network and Services after such modification shall constitute acceptance of such modification.

1 Suspension. Termination.

Any User which 46 Labs determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if 46 Labs deems it necessary, immediate suspension or termination of such User's service without notice. 46 Labs may take such further action as 46 Labs determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and 46 Labs shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from 46 Labs's exercise of its rights under this AUP.

2 Prohibited Conduct.

The 46 Labs Network and Services must be used in a manner that is consistent with the intended purpose of the 46 Labs Network and Services and may be used only for lawful purposes. Users shall not use the 46 Labs Network and Services in order to transmit, distribute or store material:

Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.

3 Inappropriate Content.

Users shall not use the 46 Labs Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by 46 Labs, or material that is obscene (including pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

4 Intellectual Property.

Material accessible through the 46 Labs Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyright and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the 46 Labs Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the 46 Labs Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

5 Harmful Content.

Users shall not use the 46 Labs Network and Services to transmit, distribute or store material that may be harmful to or interfere with the 46 Labs Network and Services or any third party's networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

6 Fraudulent/Misleading Content.

Users shall not use the 46 Labs Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

7 Email and Unsolicited Messages.

Users shall not use the 46 Labs Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such e-mails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the 46 Labs Network and Services. In addition, Users shall not use the 46 Labs Network and Services in order to:

8 Third Party Rules. Usenet.

Users may have access through the 46 Labs Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

9 Inappropriate Actions.

Users shall not use the 46 Labs Network and Services to conduct activities that may be harmful to or interfere with the 46 Labs Network and Services or any third party's networks, systems, services, or Websites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the 46 Labs Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. 46 Labs will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

10 Responsibility for Content.

46 Labs takes no responsibility for any material created or accessible on or through the 46 Labs Network and Services. 46 Labs is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that 46 Labs becomes aware that any such material may violate this AUP and/or expose 46 Labs to civil or criminal liability, 46 Labs reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. 46 Labs further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that 46 Labs deems responsible for the wrongdoing.
Violations of this AUP may be reported at the following link: legal@46labs.com.