General Statement

Acceptable Use Policy ("AUP")

WHOA is dedicated to the use of the Internet to improve the lives of individuals throughout the world. Our goal is to deliver enterprise quality on-demand IT Services to all of our Customers at a reasonable price and make available the benefits of the Internet as broadly as possible. The purpose of this AUP is to inform all Customers of the acceptable uses of the Services. WHOA is committed to encouraging the use of the Internet through its Services and Third Party Services, but such use must be consistent with the laws and regulations governing use of the Internet and must protect the right of its other customers to use its Services. The AUP is designed to achieve these goals. Customer agrees to comply with the AUP and is responsible for the use of the Services and Third Party Services by all entities and individuals whom Customer permits to use the Services, Third Party Services or the Customer Offering. In addition to its rights under the Terms of Service, WHOA has the right to change or modify the terms of the AUP at any time, effective when posted to the Customer Portal. Customer's use of the Services or Third Party Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Public Network

The Public Network of WHOA provides public Internet access to Customer servers and data storage services on WHOA's network. All Customers are granted equal access to the Public Network.

Private Network

The Private Network of WHOA provides Customer with secure private network connectivity from Customer's private backend network directly to Customer servers and data storage devices on WHOA's internal network and to other Services. Customer may use the Private Network to upload/download content, administer Customer servers and data storage devices, transmit information between Customer servers and data storage devices, transmit information between Customer's private backend servers and Customer servers and data storage devices provided by WHOA, administer the Customer Content, retrieve data, access server consoles, and otherwise manage the Customer Content. The Private Network can also be utilized for access during periods of temporary suspension of Services to Customer as provided under the MSA.

IP Addresses

The IP Address Policy (as described in the Terms of Services) which may be changed from time to time at WHOA's sole discretion, is incorporated into this MSA by reference. Customer acknowledges and agrees to adhere to the IP Address Policy. All IP Addresses assigned to Customer are owned and managed by WHOA. Such IP Addresses are non-transferable, and Customer retains no ownership or transfer rights to such IP Addresses. All IP Addresses are assigned by the WHOA engineering team on a per VLAN, per server basis. Attempted use by Customer of any unallocated IP Address or any IP Addresses on VLANs not assigned to Customer is a violation of this AUP.

Prohibited Uses

The following list provides a number of general prohibited uses of the Services and/or Third Party Services that are violations of this AUP. Please note that the following list does not represent a comprehensive or complete list of all prohibited uses.

1. Unlawful Activities

The Services and/or Third Party Services shall not be used in violation of any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. This includes, but is not limited to:

a) Child pornography
b) Unlawful gambling activities
c) Threats, harassment and abuse of any individual, organization or business
d) Fraudulent activities
e) Terrorist websites or other sites advocating human violence and hate crimes based upon religion, ethnicity or country of origin
f) Unlawful high yield investment plans, Ponzi schemes or linking to and or advertising such schemes
g) Software theft and acts of piracy

2. Child Pornography

In particular, the Services and/or Third Party Services shall not be used to publish, submit, receive, upload, download, post, use, copy or otherwise produce, transmit, distribute or store child pornography.

3. Unsolicited Email: The use of the Services and/or Third Party Services to send or receive mass unsolicited email ("SPAM"). This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends.

4. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services.

5. Proxy Email: The use of the Services and/or Third Party Services as a proxy email server to forward email to unrelated Third Parties.

6. UseNet SPAM: The use of Services to send, receive, forward, or post UseNet unsolicited email or posts. This includes UseNet services located within the WHOA network or unrelated networks of Third Parties.

7. Hacking: The use of the Services and/or Third Party Services or 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.

8. Threatening Material or Content: The Services and/or Third Party Services shall not be used to host, post, transmit, or retransmit any content or material that harasses, or threatens the health or safety of others. In addition, WHOA reserves the right to decline to provide Services and/or Third Party Services if the content is determined by WHOA to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

9. Violation of Intellectual Property Rights: The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of WHOA or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. Please refer to the http://www.WHOA.com Customer Portal to file complaints or counter notifications related to copyright or trademark claims.

10. Distribution of Malware: The storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity is prohibited. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by WHOA on a case by case basis. Example:
Security company using the Services to analyze the latest root kit for new security analysis/software.

11. Phishing: Any activity designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any activity related to phishing activities may result in the immediate suspension of Customer's account.

12. Violation of Agreements relating for Third Party Services. Any activity which violates any TPS Agreements.

13. Denial of Service. Any activity to implement or assist in the implementation of denial of service attack. WHOA absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers may not utilize the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of WHOA's AUP.

Reporting Violation of the Acceptable Use Policy

WHOA accepts reports of alleged violations of this AUP via email sent to the http://www.WHOA.com Customer Portal. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, WHOA owes no duty to Third Parties reporting alleged violations. WHOA will review all verified Third Party reports and will take such actions as it deems appropriate in its sole discretion.

WHOA will comply with and respond to valid (as WHOA determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, WHOA will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, WHOA reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order.

Methods of Resolution for Violations of WHOA Networks's Acceptable Use Policy

Types of Data Collected

WHOA collects data related to our users through the following methods:

  • Automated means such as communication protocols and cookies 
  • Online registration and online signup forms
  • Sales inquiries and transactions
  • Online Customer communications 
  • Offline communications and interactions
  • Third party sources of information

Depending upon the method of collection and use, the data collected may include information about the User from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, card verification value (cvv), and payment information), information about use of Site (such as electronic communications protocols, web pages visited, and cookies) and User preferences and privileges.

The Data We Collect and How We Use It

WHOA collects data from users for the following purposes:

  • To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. WHOA may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated Agents, who may require the information in order to complete the transaction (as used here, "Agents" are persons or companies who act on behalf of or under the direction of WHOA). WHOA will not transfer information to any of its Agents unless it first either ascertains that the Agent subscribes to the Safe Harbor Principles or is subject to the EU Directive on Data Protection or another adequacy finding or enters into a written agreement with such Agent requiring that the Agent provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.
  • To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
  • To select content, data may be collected to help create Site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation, as well as data provided in forms.
  • To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information. 
  • To respond to law enforcement organizations, government officials, third parties when compelled by subpoena, court order, or applicable law, or to report or prevent suspected fraudulent or illegal activity in the use of the Services. WHOA will notify Customer of the information request or submission as, and if, allowed.
  • To our contractors who provide services or perform functions on our behalf. 
  • To our Affiliates, if we do so their use and disclosure of your PII will be subject to this PA.
  • If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to another entity if applicable. 
  • To provide various WHOA communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent when the program member signs up for the relevant program or online account.
  • To better tailor marketing to User needs. We may use information from User purchases and User-specified requirements to provide you with timely and pertinent notices of WHOA product releases and service developments that address your needs and specified requirements and/or which are similar to products and services previously purchased by the User from WHOA. 
  • To better respond to requests for service or quotes for product and equipment purchase. WHOA will pass contact information to the appropriate WHOA sales person, or reseller for follow-up related to WHOA products or services.
  • From referral "tell a friend" function. If a User elects to use our referral service for informing a friend about our Site, we ask them for the friend's name and email address. WHOA will automatically send the friend a one-time email inviting them to visit the Site and send a copy of said e-mail to the User. The e-mail(s) sent shall clearly identify the sender of such email(s). WHOA uses this data for the sole purpose of sending this onetime email. Such email sent to a friend at User's request will not be stored for additional processing. 
  • As a result of your participation in interactive discussions and public forums. There are parts of the Site that permit you to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. WHOA does not control the content that Users post and some may serve as public discussion forums. As in any interactive forum open to many Users, you should carefully consider whether you wish to submit data and should tailor any other content submitted accordingly. 

Customer Portal, Customer Customization, Preferences and Opt-Out

New Customers are automatically registered for access on www.WHOA.com. The Customer Portal allows Customers the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of Services and mailing lists. The Customer Portal provides the Customers with control over their preferences for electronic information delivery.

Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related maintenance for Service.

Security

WHOA is concerned with the security of the data we have collected and utilizes commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, WHOA uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details. WHOA does not process PII in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.

In the event that PII is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, WHOA will notify the affected individual of the breach by email or ticket on the Customer Portal or, if WHOA is unable to contact the individual by email or ticket on the Customer Portal, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for WHOA or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. WHOA may delay notification if WHOA or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until WHOA or the agency determines that notification will not compromise the investigation.

© 2013 WHOA Networks Inc. September 1, 2013