Nuevas Soluciones Digitales SAS (“NetworkGrid”) and the Customer of NetworkGrid (“Customer”) will comply with the
following Service Abuse Policy with respect to Customer’s use of the Services provided by NetworkGrid pursuant to
the NetworkGrid Master Services Agreement (MSA), concluded between NetworkGrid and Customer. This policy is also
implemented with reference to NetworkGrid’s Acceptable Use Policy (AUP).
This policy is part of the MSA.
Terms not defined herein shall have the same definition as within the MSA.
1. Addressing abuse of service
1.1 In using NetworkGrid Services, the Customers are required to adopt and implement an abuse handling
procedure that complies with the AUP, MSA, and applicable laws.
1.2 If NetworkGrid is notified by a third
party (including any law enforcement authority) of a (suspected) violation by the customers or the End-User of the
Acceptable Use Policy or any applicable law (“Abuse Notification”), NetworkGrid shall notify the
Customers hereof by way of email or such other method of communication as NetworkGrid deems appropriate.
1.3
The Customers must reply to each Abuse Notification received by them from NetworkGrid and from third parties,
including the nature of the notification (e.g. copyright infringement) in a timely manner, but not longer than 24
hours during the business and non-business days after sending an abuse. The Customer shall provide NetworkGrid with
all documents and information in connection with the Abuse Notification without cost and on first demand.
1.4
Based on the Clause 2 of the AUP, despite the timings, NetworkGrid reserve the right to temporarily suspend any
client's services in case of receiving a critical abuse notification which might threaten operation of the company
until its full resolution from the client's side.
1.5 If NetworkGrid receives multiple complaints about abuse
or non-compliant activities by an end user, NetworkGrid reserves the right to investigate and request a prompt
resolution from the customer. If the customer fails to take reasonable and timely measures to address the issue, VNI
Hosting reserves the right to suspend the Services to prevent further abuse or non-compliant activities until the
issue is resolved. The suspension will remain in effect until NetworkGrid determines that the issue has been fully
resolved, and satisfactory measures have been implemented to prevent the issue from recurring.
1.6 The
Customer must log (date and timestamp) every Abuse Notification received from NetworkGrid and third parties,
including the nature of the notification, the Customer's response, and when the Customer deems the notification
resolved.
1.7 The Customer must keep these logs for a minimum of two (2) years and provide NetworkGrid with a
copy of the log upon request. The Customer must have sufficient and well-trained personnel to ensure compliance with
MSA, AUP and this Service Abuse Policy and handle abuse notifications without backlogs, or with a minimum amount of
it.
1.8 If the Сustomer is a VPN Provider or Anonymous Proxy Provider, the Сustomer is required to comply
with certain obligations related to the use of the Services provided by NetworkGrid. These include:
a) Making
sure Сustomer’s company information is easily visible and accessible on its website, which should include a publicly
available email address for abuse handling and copyright-related complaints;
b) Requiring their End Users to
enter into a user agreement that ensures compliance with applicable laws, including intellectual property law, MSA
and AUP;
c) Maintaining accurate DNS records that contain identifying information for all IP addresses used
by the Сustomer or their End Users to provide VPN/Anonymous Proxy services;
d) Providing the relevant
information required by NetworkGrid, upon request, to update the rWHOIS records with the corresponding regional IP
address registry within a reasonable time;
e) Implementing reasonable measures to prevent End Users
terminated for repeat infringement from resuming the use of the Customer's services or using the Services through or
via the Сustomer;
f) Implementing and applying technical measures that are designed to prevent non-compliant
or infringing activities.
1.9 If the Сustomer provides streaming services, the Customer shall be obliged to
comply with the following requirements in connection with the use of the Services:
a) The Customer’s company
information must easily be visible and accessible on its website (including a publicly-available email address for
abuse handling purposes and copyright-related complaints);
b) The Сustomer shall enter into a user-agreement
with its End Users that shall include provisions to ensure an End User’s compliance with applicable law, including
but not limited to intellectual property law, and with MSA and AUP;
c) The Сustomer shall implement and apply
reasonable measures to prevent an End User - that has been terminated for repeat infringement - from recommencing
the use of Customer’s services or the use of the Services through or via Customer;
d) The Сustomer shall
implement and apply technical measures designed to inhibit non-compliant or infringing activities;
e) The
Сustomer must have on its website the information and the documents that the Customer has full rights to
stream/restream a particular content, such as licenses, contracts, or agreements with content providers that
authorize the Customer to stream the content. The specific documents required may depend on the nature of the
content being streamed and the jurisdiction in which the streaming is taking place.
1.10 If the Customer
operates a Tor-Exit node, they must adhere to the following requirements related to the use of NetworkGrid's
Services:
a) The Customer must actively close or block ports that are generally known to be associated with
non-compliant or infringing activities. A list of such ports may be provided by NetworkGrid from time to time, and
the Customer must comply with the list;
b) The Сustomer's DNS records must start with
"tor.exit.node";
c) The Сustomer must add a working email address to the "torrc" file to allow for direct
contact if required by End Users or third parties.
1.11 In connection with the use of NetworkGrid Services,
the Сustomers shall be obligated and are responsible for the proactive initiatives for purposes of technical
adoption, contractual engagement for any user generated content websites in order to fully prevent any abuse of
illegal content and non-compliant use of the NetworkGrid Services in breach of Clause 2 of the AUP, thereby
fulfilling Customer’s obligation on behalf of its End Users to demonstrate its full compliance. NetworkGrid doesn't
tolerate any violation of the AUP, and especially dissemination the content such as child pornography, explicit
content, terrorist content or any other content, which violate the applicable laws.
1.12 If the Customers
fail to comply with MSA, AUP or this Service Abuse Policy or instructions from a national competent authority to
prevent such prohibited content in accordance with the law and the policies or fail to fully and adequately remove
such content within the deadlines notified by NetworkGrid, NetworkGrid applies its zero tolerance approach, VNI
Hosting is entitled - for each of such failure or alleged circumstances to expect such failure - to disable and
suspend the Services by means of null routing and terminate the Services.
1.13 The Customers acknowledge that
failure to comply with this Service Abuse Policy, AUP, or MSA of NetworkGrid by the Customer or its End Users of the
Services shall constitute an immediate material breach of the AUP. NetworkGrid may, at its sole discretion and based
on reasonable proof of such failure, immediately suspend or terminate the Services and any Agreement without any
further notification and refuse any future refunds requests from the Сustomer’s side. The Сustomers will keep VNI
Hosting fully indemnified for any damages, including reputation, immaterial, indirect, and consequential damages,
and will keep NetworkGrid harmless for any third-party claims arising from the breach of the documents
mentioned.
2. RECURRING VIOLATIONS
2.1 To address abuse on its services, the Customer must take reasonable measures to detect repeated attempts by
its End Users to store, transfer, or distribute materials or data that violate or infringe the AUP, or materials or
data that the Customer previously removed or disabled in response to an Abuse Notification.
2.2 If an End
User is found to be a repeat infringer or violator of this Service Abuse Policy, AUP, or MSA, the Customers must
immediately terminate the provision of services to that End User and deny them further access to the
Services.
2.3 Upon request, the Customer must demonstrate its compliance with the following requirements:
a)
Confirmation that it has established and implemented a repeat infringer policy.
b) Publication of a publicly
available statement or policy prohibiting the use of its services to infringe copyright.
c) Public
designation of a copyright abuse agent, including a publicly available email address.
