nine - Acceptable Use Policy
The provisions of the Acceptable Use Policy apply to all services offered by Nine Internet Solutions AG (hereinafter called "nine"). By using our products and services, you accept the following Terms and Conditions in full and without alteration.
- While using nine's services, the Customer may not store, publish or otherwise use any unlawful content. Unlawful content includes but is not limited to content that violates or prejudices the rights of nine or third parties, such as intellectual property rights in the broad sense (copyrights, patent rights, trademark rights, etc.), privacy rights, provisions of the Swiss Unfair Competition Act (UCA), or their business reputation. Unlawful content also includes all content or processes that constitute crimes (particularly in the areas of pornography, violent images, racism, trade secrets, defamation, money laundering, and fraud) or are otherwise illegal. The Customer is also prohibited from offering services that impede the prosecution of unlawful content (including open relays and VPN services with anonymization services). TOR exit nodes may only be used with the prior written consent of nine.
- The Customer must investigate all reports concerning the misuse of his applications and software and must correct any misuse.
- The Customer will refrain from taking any action that serves to circumvent user authentication (particularly access to the Customer Cockpit) or that may compromise the security of a server, a network, or the Customer's account (e.g., social engineering, password cracking, and scanning security gaps). Furthermore, the Customer will refrain from making any attempt to disturb the operation of servers or networks (e.g., denial of service attacks, flooding of networks, and intentionally attempting to overload services).
- The Customer must keep the applications and software used by him at a level consistent with the state of the art, maintain them regularly, and update them regularly. The Customer must also adhere to the GTC, the Acceptable Use Policy, and any instructions issued by nine, particularly as regards maintaining, updating, or deleting software.
- The Customer must immediately report to nine all faults and interruptions in nine's services used by the Customer (including all cases of unlawful or non-contractual use of the service by third parties, e.g., hackers) and must assist nine, where possible, in remedying the fault.
- The Customer is prohibited from sending emails against the stated or presumed wishes of the recipients (e.g. junk mail, spam, and mail bombing) or otherwise harassing, bothering, offending or disturbing them by sending them e-mails. The foregoing violations also include but are not limited to sending commercial advertisements, informational announcements, political writings, etc. The Customer may only send such material to recipients who have explicitly requested it. The Customer will also refrain from making any attempt to use nine's accounts or services to collect replies to messages sent from another Internet Service Provider if the messages in question violate the present Acceptable Use Policy or that of the other provider.
- Any disputes between joint holders of a customer account or between the Customer and third parties concerning the use of the customer account or the content distributed via the Customer Server are exclusively the responsibility of either the joint holders of the customer account or the Customer, as applicable. If nine receives inquiries/complaints from individual joint holders of a customer account or from third parties regarding a customer account or content provided via a customer account or the Customer Server, nine will forward the inquiry/complaint to the other joint holder(s) or the Customer for purposes of handling the issue. nine reserves the right to disclose the Customer's identity to third parties at the request of a court or government agency.
- In case of violations of this Acceptable Use Policy, nine may immediately take any action in law or in fact against the perpetrator. This includes but is not limited to seeking injunctive relief, filing claims for damages, and reporting the violations to law enforcement agencies.
- Upon a request from the responsible authorities for nine's cooperation, nine will fully support any investigation of the types of behavior prohibited in this Acceptable Use Policy, even if nine is not directly affected by the same.
This Acceptable Use Policy takes effect as of 10.10.2017 and supersedes all prior versions.