This policy sets forth general and specific information regarding the use of the infrastructure of Lumos Data Centers. Customers, a.k.a. client(s) of Lumos Data Centers are prohibited from transmitting over any of Lumos Data Centers’s services any material that Lumos Data Centers deems to be unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state or federal laws. Lumos Data Centers reserves the right to use its sole discretion to make the determination of what material falls under this prohibited material, and further reserves the right to modify this document at any given time. All Lumos Data Centers clients are responsible for making themselves and their employees familiar with the information contain herein.
Lumos Data Centers’s services are designed to be utilized for lawful purposes only. Any storage of information, distribution of information, transmission, of any material or data that is in violation of common law, state law, or United States Federal law or regulation on any level is strictly prohibited. Materials protected by trademark, trade secret, copyright, or any other statute are included in the list of prohibited materials, as well as other materials not listed here. As a result of identifying such material, Lumos Data Centers reserves the right to immediately terminate any client’s services and remove the material in question. The client in violation may also be subject to criminal or civil liability.
Clients of Lumos Data Centers are responsible for providing Lumos Data Centers with accurate information regarding their billing data, and updating that information whenever a change occurs. Lumos Data Centers will utilize a client’s information to notify them of any issues that may arise during the lifetime of their contract with Lumos Data Centers. Supplying inaccurate or false information on any application or contract is grounds for immediate termination, and may also result in criminal or civil liability. This may include penalties for fraudulent credit card information.
Client is responsible for administering proper use of their account with Lumos Data Centers. Regardless of the actual person(s) that conduct inappropriate behavior, the responsibility of prudent behavior lies directly with the owner of the account. Lumos Data Centers reserves the right to terminate the contract of any client that it deems to be engaging in any activity that is inappropriate.
Lumos Data Centers strictly adheres to the Digital Millennium Copyright Act (DCMA) 17 USC § 512. Any violation of this act will result in a client notification requiring the client to take immediate action. If the client does not respond in a timely manner the material in question will be blocked or filtered. Lumos Data Centers may also suspend a client’s access or privileges until the client addresses the concern regarding the material in question. Client abuse or misuse of electronic mail (email) may result in the termination of service with Lumos Data Centers.
Acts that fall under the category of email abuse include:
Federal law 18 U.S.C. §§ 2256 defines child pornography as any visual depiction, including any photograph, film, video, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct of anyone under the age of 18. Federal child exploitation statutes clearly state that the production, reception, transportation, possession, or distribution of any sexually explicit depiction of children is illegal.
Clients found to be in violation of this law will immediately have their service suspended until clarifications have been made to prove that the material is not in violation of the law. Lumos Data Centers reserves the right to terminate any client that it deems to be in direct violation of the law, or anyone that it deems to be repeatedly under scrutiny for possible violations of the law.
Any activity that is deemed to be in violation of any state or federal law that occurs on Lumos Data Centers’s network is in violation of this policy and will result in swift termination of services from Lumos Data Centers. Clients may not store or transmit/retransmit any materials in violation of any laws or regulations.
Clients are prohibited from using Lumos Data Centers’s services for any illegal activities including but not limited to phishing, network DoS or DDoS, hacking, virus distribution, spamming, marketing pyramid schemes, and any and all other illegal activities denoted by federal, state, or local laws. Lumos Data Centers reserves the right to terminate any client it deems to be engaged in such activities.
Lumos Data Centers will also not tolerate any abuse of Lumos Data Centers’s network resources by any customer that negatively affects other Lumos Data Centers clients. Deliberate impairment and reckless use of network resources is prohibited and is grounds for termination of services by Lumos Data Centers. Any client that is unsure about what activities constitute a “misuse of resources” should contact Lumos Data Centers before engaging in the task in question. Lumos Data Centers will provide information to the client regarding prohibited use.
Clients will be held accountable for, and are responsible for properly establishing a secure configuration for services through Lumos Data Centers. Client may be held liable for any damages that result from their negligence, exposure, or vulnerabilities regardless of whether their actions are deemed intentional or not.
Release of Liability
Client is responsible for any and all information that is communicated using any and all formats of Lumos Data Centers’s services. Lumos Data Centers does not routinely monitor website content, but may remove content if repeated complaints alert Lumos Data Centers to content that it deems objectionable. Lumos Data Centers reserves the right to use its sole discretion to determine if the material in question is objectionable. Objectionable material may include but is not limited to certain language, graphics, or other content.
Due to Lumos Data Centers’s desire to maintain a positive reputation and protect its branding and image, Lumos Data Centers reserves the right to terminate a client’s service as a result of any complaint lodged against a client that it deems to be acting in a manner that is unlawful, indecent, or objectionable including but not limited to descriptions, illustrations, images, logos, video and audio recordings, graphics, drawings, and executable programs.
Any violation of this AUP is strictly prohibited, and any failure of Lumos Data Centers to identify any violation of this AUP does not constitute a waiver of Lumos Data Centers’s rights.
All users that violate Lumos Data Centers’s AUP or any provision of this policy may be held liable and possibly incur fees (including attorney’s fees and other legal fees) for expenses incurred by Lumos Data Centers in defending itself from third party claims relating to any website content; regardless of who created the content on the client’s website. Client may also incur fees for expenses incurred by Lumos Data Centers as a result of Lumos Data Centers remedying itself from damages it sustains as a result of client activities. These fees will be commensurate with the violation’s severity.