Acceptable Use Policy & Service Level Agreement

Introduction

This Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Wingu Technology’s website, this “AUP”) of Wingu Technology and its affiliates ("Wingu Technology"), is designed to protect Wingu Technology's customers, users of Wingu Technology’s website, Wingu Technology's Products and Services and to ensure further compliance with all relevant laws and regulations.

IF YOU DO NOT AGREE TO THIS AUP, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.

This AUP applies to each Customer that subscribes for the Products and Services. This AUP should be read in conjunction with the Terms, SLA and Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms, the SLA or the Privacy Policy, as applicable.

CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT HE/SHE/IT HAS READ, UNDERSTOOD AND ACCEPTED THE PROVISIONS OF THE TERMS, THE SLA, THE PRIVACY POLICY AND THIS AUP.

By using the Products and Services, Customers are, and shall remain, responsible for complying with the provisions of this AUP and for any violation that are or may be attributed to their customers and users, whether authorized or not by the Customer or by Wingu Technology. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate Wingu Technology to monitor, review, or police the data and/or content and/or information residing on the Wingu Technology's servers and/or are managed by the Customer under his/her/its Account; or (b) create any obligation or duty of Wingu Technology to any party that is not a Customer. It is an obligation of the Customer to notify Wingu Technology of any violations of law or breach of this AUP.

WINGU TECHNOLOGY EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY BY WINGU TECHNOLOGY, TEMPORARILY OR PERMANENTLY STORED ON ANY SERVER OF WINGU TECHNOLOGY OR THE BY USING THE ACCOUNT AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS AND/OR ANY OF THEIR CUSTOMERS AND USERS.

In addition to any other actions it may take under this AUP, Wingu Technology reserves the right to cooperate fully with any criminal investigation of data, information or content located on Wingu Technology's servers and/or as been used for criminal purposes by using the Products and Services.

Customers’ Security and Confidentiality Obligations

Customer is responsible for: (a) use reasonable care to ensure the security of their Account; (b) maintaining the confidentiality of her/his/its password account; (c) ensuring that all activities that occur in connection with the Account comply with the Terms, this AUP and Applicable Laws. Customer acknowledges and agrees that Wingu Technology is not responsible for the internal management or administration of her/his/its Account and any of the data, content and information stored thereby.

A Customer is solely responsible for any intrusions into, or security breaches of, any of its Accounts, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer from Wingu Technology.

Prohibited Activities

A. Customers shall not allow the posting, transmission, or storage of data or content on or through the Account and/or the Products and Services which, in Wingu Technology’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Laws”).

B. Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on their Account any information; data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person.

C. Customers may not use their Account and/or the Products and Services to (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”), or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”).

D. Without derogating from anything detailed hereto in this AUP, Customer hereby undertakes that he/she/it will not act in any of the following manners:

• Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses.
• Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
• Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Wingu Technology's products or systems.
• Soliciting the performance of any illegal activity.
• Threatening bodily harm, or encouraging bodily harm or property destruction.
• Engaging in outright fraud, or using services to engage in scams like pyramid schemes.
• Collecting personal information about others without their knowledge or consent.
• Using services to disseminate or display images classified under U.S. law as child pornography, child erotica, and/or bestiality.

Additional Restrictions and Prohibited Activities

In addition to any of the prohibited activities set forth and detailed in this AUP, the Customer hereby agrees and undertakes that he/she/it will not (a) save multiple copies of identical and/or essentially similar files; (b) use the Products and Services or any of Wingu Technology's servers for back-up purposes; and/or (c) use the Products and Services for simultaneously transmitting files to a high volume of users (megauploading); (d) storing on Cloud File Server service an average of above 1TiB of storage per active user.

Customer's Undertakings

Customer shall apply for and obtain any and all licenses permits and other authorizations needed to fulfill its obligations under the Terms, this AUP and any Applicable Laws. Customer agrees and undertakes that all contents and activities conducted via the Account and/or the Products and Services are on Customer's sole responsibility.

Legal Investigations

Customers will promptly cooperate and comply with any civil or criminal investigation regarding use of their Account and/or the Products and Services. Wingu Technology reserves the right to comply with any Investigation without any notice to a Customer.

Consequences of Violations of This AUP

Wingu Technology may enforce this AUP, with or without any notice to a Customer, by any action it deems necessary, including suspending or terminating Customer’s Account, removing DNS records, or blocking mail services.

Reporting Violations

If there is a violation of this AUP, please direct the information to Wingu Technology's abuse team at support [at] wingutechnology [dot] com.

Service Level Agreement

By entering, connecting to, accessing or using the Site and/or the Account and/or using any of the Products and Services, you acknowledge that you have read and understood the following provisions of this Service Level Availability ("SLA").

1. Definitions

A. "Service Year" means a 12 month period during which Wingu Technology provided the Customer with the relevant SLA Service.

B. "99.9%" means a potential unavailability of each of the SLA Services for an aggregate period of 8 hours per each Service Year.

2. SLA Services

This SLA shall apply to the Products and Services of the Company as such are described in the Company's Terms of Use available at: www.wingutechnology.com (the "SLA Services").

3. Compensation Amount

If Wingu Technology fails to meet the SERVICE LEVEL AGREEMENT (SLA), Wingu Technology shall credit the Customer by providing to the Customer with a one month Services (regarding the service that failed only), at no cost to the Customer, (up to services value of US$5,000, and limited to one time each 12 months).