Acceptable Use Policy

1. Introduction.

The Acceptable Use Policy (“AUP”) described in Section II (the “AUP”) specifies guidelines to any party using any of Cosmian’s Services. By using Cosmian’s services, you agree to the latest version of the AUP. Cosmian may modify the AUP at any time by posting a revised version on the Website and providing notice on the Website that the AUP has been updated.

Anyone may report a violation of the AUP by following the instructions in Section III.

If you violate the AUP or authorize or help others to do so, we may suspend or terminate your use of the Cosmian services or the Website.

1. Acceptable Use Policy.

Prohibited Activities. Services may not be used for any purpose that, in Cosmians’s sole discretion, is illegal, inappropriate and/or improper (“Prohibited Activities”). The following examples and descriptions of Prohibited Activities provided below are not exhaustive.

• Illegal Purposes. Illegal purposes include, but are not limited to:

• using the Services to violate any law, rule, regulation, governmental orders, industry standards or guidance in any applicable jurisdiction; or
• engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.

• Inappropriate and/or Improper Purposes. Inappropriate and/or improper uses include, but are not limited to using the Services:

• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content;
• to store, publish, display, or transmit defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;
• to store, publish, display or transmit material in violation of third-party privacy rights;
• to send unsolicited messages or postings, including bulk commercial advertising or informational announcements and “spam”;
• to compromise or attempt to compromise the security of any Cosmian or third party network, system, server, or account;
• to impersonate or attempt to impersonate Cosmian, Cosmian personnel, another subscriber or user, or any other person or entity; or
• in any way that restricts or inhibits anyone’s use or enjoyment of Cosmian’s services or which, as determined by Cosmian, may harm Cosmian or users of Cosmian’s services or expose them to liability.

No Activities Harming the Network or Services. Users may not engage, directly or indirectly, in any activities that, in Cosmian’s sole discretion, harm or interfere with: (i) Cosmian’s network, (ii) the integrity or efficacy of the Services, or (iii) the use of the network and the Services by Cosmians’s other Subscribers. The foregoing also includes attempts to bypass or exploit Service limitations or restrictions.

Remedies. Cosmian reserves the right to take any and all actions, in response to violations of this AUP or as otherwise required to preserve the integrity of Cosmian’s network and its Services, including, without limitation:

1. suspension or termination of the Services, including charging Subscriber any applicable rates and cancellation or termination fees;
2. cooperation with law enforcement;
3. providing requested information to third parties who have informed Cosmian that they have been harmed by a Subscriber’s failure to abide by this AUP, and
4. prosecution of violations of this AUP. 

Cosmian’s failure to take action shall not be deemed a waiver of this right.