Acceptable Use Policy (“AUP” or “Policy”)
Anova reserves the right to take all actions necessary, in its discretion, to enforce this AUP, including the immediate termination of your services without prior notice if you violate this AUP and such violation poses an immediate threat of significant harm to Anova’s System. For the purposes of this AUP, a “System” is defined as any Anova network component, computing device, or software application. The examples provided below of prohibited activities are not exhaustive.
a. Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. Use of tools designed for compromising security is prohibited except as may be allowed under the MSA in connection with confidentiality, security events or regulatory matters (e.g., Section 13 (Certain Regulatory Matters), Section 14(n) (Confidential Information). Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.
b. Disruptions of Network Communication. “Disruptions”, for the purpose of this AUP section, includes, but is not limited to, network sniffing, ping floods, packet spoofing, denial of service, malformed packets, and forged routing information. Any activity which could result in the suspension of Anova’s production exchange connectivity is expressly prohibited.
c. Our Monitoring and Enforcement We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of our services. We may investigate violations of this Policy by you or misuse of Anova services by you. We may report any of your activity that violates any law or regulation to appropriate law enforcement officials or Regulatory Authorities. Our reporting may include disclosing customer information as required under Applicable Law by such law enforcement officials or Regulatory Authorities. To the extent such cooperation is required by Applicable Law, we also may cooperate with appropriate law enforcement agencies and Regulatory Authorities to help with the investigation and prosecution of your illegal conduct by providing network and systems information related to alleged violations of this Policy.
d. Reporting of Violations of this Policy If you become aware of any violation of this Policy, you will make reasonable efforts to promptly notify us and provide us with reasonable assistance, as requested, to stop or remedy the violation. To report any violation, please e-mail [email protected].