Acceptable Use Policy

Revised July 16, 2009

1. GENERAL TERMS OF USE

1.1

All customers are responsible for reviewing and complying with this Acceptable Use Policy ("Policy"). RTPark Tenants who provide services to their own customers or other end users are responsible for compliance with the terms of this Policy by their end users and must take steps to ensure compliance by their users with this Policy. For the purposes of this Policy, "RTPark Tenant" means each tenant of University of the Virgin Islands Research and Technology Park Corporation ("RTPark") to whom a RTPark strategic alliance partner ("Alliance Partner") provides services, and all employees, agents, and third parties to whom RTPark Tenant makes services available. RTPark reserves the right to deny or terminate service to a RTPark Tenant based upon the results of a security/abuse confirmation process used by RTPark and/or RTPark's network service provider, Global Crossing. Such confirmation process uses publicly available information to primarily examine RTPark Tenant's history in relation to its prior or current use of services similar to those being provided by Alliance Partner and RTPark Tenant's relationship with previous providers.

1.2

The actions described below are defined as "network abuse" and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to RTPark Tenants. If any RTPark Tenant is unsure of whether a contemplated use or action is permitted, it is RTPark Tenant's responsibility to determine whether the use is permitted by contacting RTPark via electronic mail. The following activities are expressly prohibited, and RTPark expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing RTPark Tenant for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by RTPark Tenant violations. Such actions may be taken by RTPark without notice to RTPark Tenant. In general, RTPark Tenants may not use the network, machines, or services in any manner which:

• violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;
• violates the acceptable use policies of any networks, machines, or services which are accessed through the network;
• infringes on the intellectual property rights of RTPark or others;
• violates the privacy of others;
• involves the resale of Alliance Partner's products or services, unless specifically documented in a separate written agreement or in the initial RTPark Tenant contract with Alliance Partner;
• involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission's guidelines for proper online marketing schemes;
• violates any specific instructions given by RTPark for reasons of health, safety or quality of any other telecommunications services provided by RTPark and/or Alliance Partner or by reason of the need for technical compatibility of equipment attached to the network;
• materially affects the quality of any telecommunications services provided by RTPark and/or Alliance Partner; or otherwise violates this Policy.

1.3

Prohibited activities also include, but are not limited to, the following:

• unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
• attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
• falsifying user identification information;
• introduction of malicious programs into the network or server (e.g. viruses, worms, Trojan horses, etc.);
• scanning the networks of others for vulnerabilities without authorization;
• executing any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the RTPark Tenant without authorization;
• attempting to circumvent RTPark Tenant authentication or security of any host, network, or account ("cracking") without authorization;
• using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• "phishing", that is simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
• "pharming", that is using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service transmitting or receiving, uploading, using or reusing material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or similar third party rights;
• furnishing false or incorrect data on the signup form; or
• attempting to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of RTPark's and/or Alliance Partner's products and services.

1.4 Digital Millennium Copyright Act Policy:

It is the policy of RTPark to respond expeditiously to claims of intellectual property infringement. RTPark will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, RTPark will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RTPark will terminate access for RTPark Tenants who are repeat infringers. For IP transit, dedicated Internet access and collocation RTPark Tenants, you must adopt and implement a Digital Millennium Copyright Act policy that reserves the necessary rights to remove or disable infringing material. If you believe that a copyrighted work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:

• electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the website;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

1.5

Notices of claimed infringement should be directed to the email address described as "AUPadmin at-sign uvirtpark.com" (the e-mail address has been depicted this way to discourage being harvested or abused by automated systems). When RTPark removes or disables access to any material claimed to be infringing, RTPark may attempt to contact the RTPark Tenant who has posted such material in order to give that RTPark Tenant an opportunity to respond to the notification. Any and all counter notifications submitted by the RTPark Tenant will be furnished to the complaining party. RTPark will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before RTPark replaces or restores access to any material as a result of any counter notification.

2. ADDITIONAL TERMS APPLYING TO IP TRANSIT, DEDICATED INTERNET AND IP SERVICES

2.1

In addition to the General Terms of Use above, the terms set out in this section 2 apply to the use of IP transit, dedicated Internet access and IP services. Prohibited activities include, but are not limited to, the following:

• falsifying header information or user identification information;
• attempted or successful security breaches or disruption of Internet communication including, but not limited to, accessing data of which RTPark Tenant is not an intended recipient or logging into a server or account that RTPark Tenant is not expressly authorized to access;
• hijacking of IP space;
• sending unsolicited ("opt-out") bulk email;
• maintaining an open mail relay and/or an open proxy; and
• collecting email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.

2.2

IP transit, dedicated Internet access and collocation RTPark Tenants who provide those services to their own users must affirmatively and contractually pass on the restrictions of this Policy to its users, and take steps to ensure compliance by their users with this Policy including, without limitation, termination of the user for violations of this policy. IP transit, dedicated Internet access and collocation RTPark Tenants who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through the network for which DNS responsibility has been delegated to the RTPark Tenant, maintain accurate contact information with the InterNIC and any other appropriate domain, IP and AS registrars, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide a 24/7 contact address to RTPark for dealing with security and abuse issues, and act promptly to ensure that users are in compliance with RTPark's Policy. Reasonable steps include, but are not limited to, using IP unicast reverse-path forwarding ("uRPF") wherever appropriate and using IP address filtering wherever appropriate.

2.3 Email Generally

The following actions are prohibited:

• using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment;
• using email to disrupt (e.g., mail bombing, "flashing," etc.) is prohibited;
• originating email with falsified header information;
• originating email with falsified or obscured information (e.g., encoded or "obfuscated URLs") designed to hinder identification of the location of what is advertised;
• originating chain letters, pyramid schemes, and hoaxes;
• using the RTPark or RTPark Tenant account to collect replies to messages sent from another provider which violate these rules or those of the other provider; and
• using RTPark and/or Alliance Partner services in connection with or in support of the running of a mail server in China without an appropriate license to run such a server.

2.4 Bulk Email:

RTPark Tenants sending bulk email, using RTPark and/or Alliance Partner services, may only engage in such activity through the use of "closed-loop opt-in" lists. Such RTPark Tenants who send bulk email through "closed-loop opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited ("opt-out") bulk email is prohibited and is grounds for termination of those services to RTPark Tenants who engage in the practice. Sending "opt-out" bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by RTPark and/or Alliance Partner, including without limitation, email, web, FTP, and DNS services, is prohibited. RTPark Tenants may not advertise, distribute, or use software intended to facilitate sending "opt-out" email or harvest email addresses from the Internet for that purpose. In addition, RTPark Tenants may not sell or distribute lists of harvested email addresses for the purpose of "opt-out" email. RTPark Tenants who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by RTPark and/or Alliance Partner. RTPark Tenants who engage in the practice of unsolicited bulk email, as set forth above, from RTPark and/or Alliance Partner accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. RTPark Tenants listed on an industry recognized spam abuse list, will be deemed to be in violation of this Policy.

2.5 Usenet newsgroups:

RTPark Tenants should be familiar with the workings of Usenet by reading FAQs regarding Usenet at http://www faqs.org/usenet/ before becoming active participants. RTPark places the following restrictions on newsgroup postings by its RTPark Tenants:

• no illegal content, including pyramid/Ponzi schemes, infringing materials, or child pornography, is permitted;
• all postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole;
• commercial advertising is typically off-topic and/or a violation of charter in most Usenet newsgroups. Information about advertising on Usenet can be found in Joel Furr's "Advertising on Usenet FAQ" www.faqs.org/faqs/usenet/advertising/how-to/part1/ . For more information on "spam," see the FAQ on "Current Usenet spam thresholds and guidelines" www.faqs.org/faqs/usenet/spam-faq/ which is regularly posted to the news.admin.net-abuse.misc newsgroup by Chris Lewis, or visit spam.abuse.net/ ;
• posting 20 or more copies of the same article in a 45-day period ("spamming") or continued posting of off-topic articles after being warned is prohibited. RTPark Tenants who engage in spamming using RTPark and/or Alliance Partner accounts will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of $200. RTPark Tenants who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by RTPark and/or Alliance Partner, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to those users;
• excessive crossposting (Breidbart Index of 20 or greater in a 45-day period) is prohibited. The Breidbart Index (BI) is calculated by taking the sum of the square roots of the number of newsgroups each copy of an article is crossposted to. If two articles are posted, one crossposted to 9 newsgroups and the other crossposted to 16 newsgroups, the BI = sqrt(9)+sqrt(16)=3+4=7. Crossposting articles to newsgroups where they are off-topic is prohibited; a good rule of thumb is that if you are crossposting to more than five newsgroups, it's likely to be off-topic on at least one of them; and
• posting articles with falsified header information is prohibited. "Munging" header information to foil email address harvesting by "spammers" is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is acceptable, so long as the use is not otherwise a violation of this Policy. RTPark Tenants may not issue cancellations for postings except those which they have posted themselves, those which have headers falsified so as to appear to come from them, or in newsgroups where they are the official moderator.

2.6 The World Wide Web and FTP:

The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material. RTPark reserves the right to require that websites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on RTPark, Alliance Partner and/or Global Crossing servers or "transclusioned" (images from another website displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright-infringing or other illegal material.

2.7 Routing Protocols and Route Exchange:

In the event RTPark identifies the RTPark Tenant is sending excessive or unnecessary route publications, RTPark reserves the right to limit the number or routes that will be accepted.

2.8 Internet Relay Chat:

Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited. IRC services which are serving as command and control channels for bots are prohibited and any violation shall subject RTPark Tenant to filtering and blocking by RTPark within 24 hours of RTPark learning of such violation. RTPark is not obligated to provide notice of such action to RTPark Tenant.

2.9 Servers and Proxies:

RTPark Tenants may not run on RTPark, Alliance Partner and/or Global Crossing servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. RTPark Tenants may not run such programs on their own machines connected through a RTPark, Alliance Partner and/or Global Crossing dialup account in order to make such services or resources available to others; a dedicated access account is required for such purposes. RTPark Tenants are responsible for the security of their own networks and machines. RTPark will assume neither responsibility nor accountability for failures or breach of RTPark Tenant-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised RTPark Tenant's system or account may result in suspension of services or account access by RTPark, for example, if a system is abused after becoming infected with a worm or trojan horse program as a result of an Internet download or executing an email attachment. (See www.microsoft.com/security/articles/virus101.asp ) Any programs, scripts, or processes which generate excessive server load on RTPark, Alliance Partner and/or Global Crossing servers are prohibited and RTPark reserves the right to terminate or suspend any such program, script, or process.

2.10 Dialup Connections:

RTPark Tenants may not run programs or configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless they have a dedicated Internet access account. RTPark Tenants may not have multiple simultaneous connections with a single dialup account. RTPark reserves the right to impose restrictions on or terminate accounts deemed to be in violation of these conditions. RTPark's dialup access servers will disconnect after 30 minutes of inactivity and after 12 hours of continuous access.

2.11 Storing Files:

The storage of any program, utility or file on RTPark, Alliance Partner and/or Global Crossing servers, the use of which would constitute a violation of this Policy, is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on RTPark, Alliance Partner and/or Global Crossing servers.

3. VIOLATIONS AND CONTACT DETAILS

3.1 Violations:

RTPark has absolute discretion in determining whether a RTPark Tenant's activities or use of RTPark and/or Alliance Partner services are in violation of this Policy. RTPark reserves the right to suspend or terminate the provision of a RTPark and/or Alliance Partner service or services for RTPark Tenant's breach of, or failure to comply with the Policy, which suspension or termination (i) may be immediate and (ii) may have a fixed or indefinite duration. Before taking such action, RTPark shall notify RTPark Tenant in writing and afford RTPark Tenant a reasonable opportunity to remedy the alleged failure to comply with the Policy, provided only that no cure or notice period shall be required where the failure to so comply represents, in RTPark's reasonable opinion, an immediate and material threat to the integrity or security of the network or to the services RTPark and/or Alliance Partner provides to others using its network. In such circumstances, RTPark shall provide RTPark Tenant with notice of the service suspension at the same time as such suspension, or as soon afterwards as is reasonably practical. RTPark agrees that any suspension of services pursuant to this paragraph will be as narrow in scope and duration as reasonably necessary for RTPark to protect its network, rights, property, personnel and other customers.

3.2 Information Accuracy:

This Policy is subject to change with notice by publication on this website; RTPark Tenants are responsible for monitoring this website for changes. This Policy was last updated on April 29, 2009. While RTPark uses reasonable efforts to provide accurate and up-to-date information on this website, RTPark makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. RTPark undertakes no duty to update such information.

3.3 How to Contact Us:

To contact us with questions or comments regarding this Policy, please send an email to the email address described as "AUPadmin at-sign uvirtpark.com". To contact us regarding claimed violations of this Policy, please send an email to the email address described as "AUPadmin at-sign uvirtpark.com" (the e-mail address has been depicted this way to discourage being harvested or abused by automated systems).

Privacy Policy

Effective July 16, 2009, Revised July 16, 2009

Thank you for visiting University of the Virgin Islands Research and Technology Park Corporation's ("RTPark") Internet web site ("Site") located at the URL www.uvirtpark.com. This Privacy Policy details certain policies implemented throughout RTPark governing RTPark's use of personally identifiable information about users of our Site.

Privacy Policy Updates

Due to the Internet's rapidly evolving nature, RTPark may need to update this Privacy Policy from time to time. If so, RTPark will post its updated Privacy Policy on our Site located at www.uvirtpark.com with a change notice. If any modification is unacceptable to you, you shall cease using this Site. If you do not cease using this Site, you will be deemed to have accepted the change.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to contact us with questions, request information and subscribe to newsletters. Due to the nature of some of these activities, we may collect personally identifiable information, such as your first name, last name, contact data such as your email address and phone number, password, as well as an information that you elect to include in your communications with us. We may use this information to improve the content and general administration of the Site, verify your authority to enter this Site, provide you with requested information, newsletters and information about RTPark and its strategic partners and for targeted marketing.

You may download certain forms on our Site, however, RTPark does not accept such forms online or through the Site and you must deliver your completed forms to us in person, by mail or fax. This Privacy Policy does not address our collection or use of the personally identifiable information contained in these forms.

Children's Privacy

RTPark recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Site is not intended for children under the age of 13. RTPark does not target this Site to children under 13. RTPark does not knowingly collect personally identifiable information from children under the age of 13.

Cookies

We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.

Aggregate Information

The Site may track your IP address, browser type and the pages that you visit on our Site and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use.

Disclosure

We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us. For example, we may provide your personally identifiable information to an entity to send information to you on our behalf.

We may provide your personally identifiable information to our subsidiary and affiliate entities within RTPark's corporate family and to RTPark's strategic partners that provide services to RTPark tenants to fulfill your requests for information and for their own direct marketing purposes. RTPark provides you with a choice to opt-out of the use of your personally identifiable information by third parties for their own direct marketing purposes.

We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which RTPark participates or to a purchaser of all or substantially all of RTPark's assets to which this Site relates.

If you subscribe to a newsletter on this Site, other subscribers of that newsletter may be able to view the list of, or otherwise interact with, subscribers.

Links to Third Party Sites

The Site may provide links to other Web sites or resources over which RTPark does not have control ("External Web Sites"). Such links do not constitute an endorsement by RTPark of those External Web Sites. You acknowledge that RTPark is providing these links to you only as a convenience, and further agree that RTPark is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

How can I correct and/or update my data?

You may update and/or correct your contact information at any time by submitting a request by email to RTPark at the email address described as "privacyadmin at-sign uvirtpark.com" (the e-mail address has been depicted this way to discourage being harvested or abused by automated systems).

Security

RTPark may employ procedural and technological security measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. RTPark may use secure socket layer, firewall and password protection.

Users Outside of the United States or United States Virgin Islands

Our computer systems and some of the computer systems of our third party service providers are currently based in the United States Virgin Islands, so your personal data will be processed by us in the United States Virgin Islands where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. As a visitor from outside the United States Virgin Islands, by using the Site you agree to this Privacy Policy and you consent to the transfer of all such information to the United States Virgin Islands, which may not offer an equivalent level of protection of that required in the European Union or certain other countries, and to the processing of that information as described in this Privacy Policy.

Questions

If you have any questions regarding this Privacy Policy please contact us via email, with the word "Privacy" in the subject line, at the email address described as "privacyadmin at-sign uvirtpark.com" (the e-mail address has been depicted this way to discourage being harvested or abused by automated systems).