Acceptable Use Policy

This Acceptable Use Policy (“AUP”) describes activities that are not permitted in connection with the services provided by Netstream. This AUP does not claim to be exhaustive, and Netstream reserves the right to take measures in connection with content or uses that are not expressly described below.

The Customer is responsible for violations of this AUP by persons who use its account with its permission or without authorisation. It is also responsible for violations of this AUP by its users. The use of the services by the Customer to assist another person in an activity that would violate this AUP if carried out by the Customer constitutes a violation of the AUP. Netstream may amend this AUP at any time by publishing a revised version on the Netstream website (netstream.ch/aup).

Illegal or abusive activities or content

The Customer may not use the services for illegal or abusive purposes. Prohibited activities include:

• Illegal activities: any use of the services that violates applicable Swiss law
• Infringement of intellectual property rights: any use of the services that infringes copyright (e.g. provision of pirated software or multimedia content)
• Unlawful pornography, violence, harassing or offensive content

Security violations

The Customer may not use the services to compromise the security of other IT systems. Prohibited activities include:

• Malicious software: software that impairs the functionality of other IT systems. This includes viruses, malware, spyware, adware, Trojans, worms or time bombs
• Unauthorised access: unauthorised access to or unauthorised use of a system, including any attempt to probe, scan or test the vulnerability of a system or to breach or circumvent the security or authentication measures used by a system
• Interception: monitoring of data or traffic on a system without permission
• Falsification of origin: the use of forged or misleading TCP/IP packet headers, IP addresses, MAC addresses, email headers or other parts of a message describing its origin or route

Network abuse

The Customer may not establish network connections to other users, hosts or networks unless it has permission to communicate with them. Prohibited activities are:

• Fraudulent acts: the intentional, knowing or reckless introduction of viruses or other malicious code into the service, or the collection, transmission or use of information, including email addresses, user names, passwords or other identifiers, by deception or covert means (such as phishing, internet fraud, password theft, spidering and harvesting).
• Intentional disruption: interfering with the proper functioning of a system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques or by carrying out a denial-of-service attack (“DoS”)
• Operation of certain network services: operating open proxies, open mail relays, open recursive domain name servers, Tor exit nodes or other similar network services

Cryptocurrency mining

The mining of cryptocurrencies, including but not limited to BitCoin, Chia or similar currencies, is not permitted without express written authorisation.

Misuse of email and other messages, and spamming

The Customer shall not distribute, publish, send or facilitate the sending of unsolicited bulk email or other messages, promotions, advertising or solicitations (“spam”), including commercial advertising and informational announcements. The Customer shall not alter or obscure email headers or assume the identity of a sender without that sender’s express permission. The Customer must make reasonable efforts to secure all devices or networks within its sphere of control against violations of the applicable laws against spam and unsolicited email, including, where appropriate, by installing antivirus software, firewall software and patches and updates for operating systems and application software. The Customer shall not take any action that directly or indirectly results in any of our IP addresses being listed in a spam database (e.g. Spamhaus).

The Customer must comply with the laws and regulations applicable to bulk or commercial email.

Use of Microsoft software in the Netstream Cloud

The use of Microsoft software within Netstream’s cloud services is subject to the provisions of the Microsoft Services Provider License Agreement (SPLA). The following conditions must be strictly observed:

The operation of Microsoft products on the infrastructure provided by Netstream requires correct licensing in accordance with the SPLA.

Customers are only permitted to use their own Microsoft licences (“Bring Your Own License”) if Microsoft’s requirements for BYOL are met – in particular use on dedicated hardware and proof of appropriate licence rights.

Netstream reserves the right to request corresponding evidence from the Customer in the event of uncertainty or in the context of an audit by Microsoft.

The Customer bears sole responsibility for the accuracy and validity of its own proof of licensing.

In the event of licence violations by the Customer, Netstream is entitled to carry out the corresponding retroactive licensing or to suspend the affected services.

Vulnerability testing

Without Netstream’s prior written consent, the Customer may not attempt to probe, scan, penetrate or test the vulnerabilities of any Netstream system or network, or to breach Netstream’s security or authentication measures, whether by passive or active techniques, or carry out security or malware research on or with the services.

Excessive use of shared system resources

The Customer may not use a shared system provided by Netstream (“shared” environment) in a manner that unnecessarily interferes with the normal operation of the shared system or consumes a disproportionately large share of the system’s resources (fair use policy). This applies to CPU, network and disk IOPS resources. The Customer agrees that Netstream may quarantine or delete data stored on a shared system if the data is infected with a virus or otherwise corrupted and has the potential to infect or corrupt the system or the data of other customers stored on the same system.

Our monitoring and enforcement

Netstream reserves the right, but is not obliged, to investigate any suspected violation of this AUP or misuse of the services of which Netstream has actual knowledge. In connection with such investigations, Netstream may report any activity that Netstream suspects violates any law or regulation to the competent law enforcement authorities.

Consequences of violations of the AUP

If Netstream determines, in its sole discretion, that the Customer has violated this AUP, Netstream is entitled to remove, disable access to or modify content or resources and/or to restrict or terminate your use of the services. Netstream may also intercept or block content or traffic belonging to the Customer or its users if the services are used unlawfully or not in accordance with this AUP. Netstream’s right to restrict or terminate the Customer’s use of the services also applies where a violation was committed unintentionally or without its authorisation. This right does not oblige Netstream to act at any particular time or in relation to any particular subscriber, and Netstream may exercise this right at any time in its sole discretion.

A service that has been restricted or terminated due to AUP violations does not give rise to any entitlement to compensation.

Reporting violations of this AUP

If you become aware of a suspected violation of this AUP, please notify Netstream, setting out in full the reasons for the violation. Netstream may ask for your assistance in stopping or remedying the violation. To report a violation of this AUP or to make enquiries in this regard, please send Netstream an email at support@netstream.cloud.