Cox Edge Acceptable Use Policy
Updated: March, 2021
1898 Ventures, LLC and its affiliates and/or distribution partners (collectively "Cox") are pleased that you have chosen Cox Edge. This Acceptable Use Policy (“AUP”) applies to all products and services provided with the Cox Edge, including the Cox Portal, Platform, Platform Services, and Professional Services as those terms are defined in the Cox Edge Service Terms (each a “Service” or collectively the “Services”). Use of any of the Services shall at all times be subject to the terms and conditions of this AUP. This AUP is incorporated into any applicable agreement between Cox and (“Customer”) that states the AUP applies, including without limitation the Cox Edge Service Terms, (each an “Applicable Agreement”). This AUP may be updated by Cox from time to time and the current version will appear on the Policies page on cox.com. Revised versions of this AUP are effective immediately upon posting. Customer’s continued use of any of the Services following an update by Cox to this AUP shall constitute acceptance by Customer of the updated AUP. This AUP shall not modify, replace, or otherwise affect another acceptable use policy or similar guideline applicable to Customer’s use of any other product or service, including those products or services offered by Cox or any of Cox’s affiliates.
In the event of a conflict between an Applicable Agreement and this AUP, the terms of this AUP will govern. Questions regarding this AUP and complaints of violations of this AUP can be directed to firstname.lastname@example.org.
1. Illegal or Infringing Activity.
Customer shall not use the Service(s) in a manner that infringes upon the rights of others, interferes with or diminishes the use and enjoyment of the Service(s) by others, or interferes with or diminishes Cox’s ability to provide the Services. For the purposes of this AUP, “use” of the Services shall include, without limitation, use in connection with the transmission, storage, display, distribution or creation of any (“Customer Content”, as that term is defined in the Applicable Agreement). Additionally, Customer shall not:
(a) Use the Services: for any activity that violates, or constitutes an attempt to violate “Laws”, as that term is defined in the Cox Edge Service Terms, to engage in tortious conduct, for any (“High Risk Use”) as that term is defined in the Cox Edge Service Terms, for any activity that that may be harmful to our operations or reputation, for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; or to engage in cryptocurrency mining;
(b) Use the Service(s) to harm or attempt to harm any person, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography;
(c) Conduct, participate in, or otherwise facilitate, pyramid, Ponzi, make-money-fast schemes, phishing, pharming, and/or any other fraudulent or illegal soliciting schemes, services, or promotions;
(d) Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature, creating a false identity for the purpose of misleading others, including, without limitation, the identity of any Cox representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(e) Invade another person's privacy, stalk, harass, or otherwise violate the rights of others;
(f) Post, transmit, or distribute content that is illegal, threatening, abusive, libelous, slanderous, defamatory, promotes violence, promotes bigotry, racism, hatred or harm to Cox or any third party, or is otherwise offensive or objectionable in Cox’s sole discretion;
(g) Use the Service(s) in a manner that infringes on the copyright, trademark, moral rights, patent, rights of privacy, rights of publicity or any other intellectual property right of any third party. Cox assumes no responsibility, and Customer assumes all risk regarding the determination of whether material is in the public domain, or may otherwise be used by Customer or any Authorized Users for any purpose. Cox will respond to notices of alleged copyright infringement, and in the event that Cox receives a claim of infringement from a copyright owner, Cox may forward one or more such notices directly to Customer. Consistent with federal law, Cox may suspend and, in appropriate circumstances, terminate any Customer who is a copyright infringer. For more information regarding Cox’s policies and procedures addressing copyright infringement, please visit https://www.cox.com/aboutus/policies/copyright.html;
(h) Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Service(s), including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan botnet, cancelbot, or other harmful feature;
(i) Transmit, store, host or process such large amounts of data, information, and/or other content beyond typical/expected usage for the Services, as Cox determines could disrupt or cause a performance degradation under actual or assumed network and/or platform conditions, regardless of intent, purpose or knowledge, to the Services or any related network infrastructure or facilities used to deliver the Service(s).
(j) Perform or disclose any benchmarking, availability or performance testing of the Service(s);
(k) Use or incorporate the Service(s) to provide wireline or wireless Internet access services, business data services or other transport services, radio access transport services, or other transport/transmission services, such as virtual private networks or wide area networks;
(l) Customer must comply with, and may not work around, any technical limitations in the Services that allow Customer to use the Services only in certain ways, such as storage restrictions; and/or
(m) Assist, permit, facilitate, promote, instruct or encourage anyone, including any of Customer’s end users, to do any of the above.
Without limiting any of the foregoing, if Customer or any officer, director, employee, agent, or other representative of Customer becomes the subject of public disrepute, contempt, or scandal that affects Customer’s or Cox’s image or goodwill or if Customer or any officer, director, employee, agent, or other representative of Customer acts in a way that is widely deemed by members of the general public, to embarrass, offend, insult or denigrate individuals or groups or that will tend to shock, insult or offend the community or public morals or decency or otherwise prejudice Cox in general, then Cox may immediately suspend or terminate provision of the Services to Customer.
As set forth in Section 11 below, violations of this AUP may result, in Cox’s sole discretion, in suspension or termination of Services and/or the removal, disabling of access to, or modification of Customer Content or other resource, with or without notice and in Cox’s sole discretion.
2. Spamming/Unsolicited Email.
Sending unsolicited email messages, including, without limitation, commercial advertising and informational email is prohibited. Unsolicited advertisements or solicitations sent from other networks which reference email accounts or websites hosted at Cox shall be treated as if they originated from the account referenced. Customer shall not:
(a) falsify any “Authorized User” (as that term is defined in the Cox Edge Service Terms) information, including by forging, altering or removing email headers;
(b) reference Cox or any related entity in any unsolicited email even if that email is not sent through the Cox network;
(c) collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider; or
(d) use another site’s email server to relay email without the express permission of the owners of such site.
Cox uses several spam reporting services to identify unsolicited email messages and senders. Listing by one or more of these services may result in suspension of Service(s) to Customer. Each case will be individually investigated by Cox. Cox may condition provision of the Service(s) upon removal of the listing from the spam reporting service.
The collection of email addresses, screen names, or identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or the use of software (including “spyware”) designed to facilitate this activity, or use of a list obtained from such means is not allowed. Any Customer or Authorized User suspected or found harvesting email addresses may be blocked from using the Services until Cox is satisfied that the activity has stopped.
4. Data Usage, Network Management, and Misuse/Abuse.
Cox, in its independent judgment, uses multiple measures to ensure the best overall user experience. Cox reserves the right to determine, from time to time and in its sole discretion, access and storage thresholds which rise to the level of abuse or misuse. Cox may take any appropriate measures to manage the Services, whether or not they are described in this AUP, including without limitation, suspension or termination of any Service.
Situations in which Cox may undertake steps to address Service impacts include, but are not limited to:
i) in response to extraordinary levels of usage or where data consumption or consumption of the Services and related platform resources is not characteristic of a typical commercial user of the Service(s) as determined by Cox in its sole discretion;
ii) during denial of service, malware, viruses or other attacks; and/or
iii) under other exigent circumstances that may have a significant effect on our Customers’ ability to use the Services or Cox’s ability to provide the Services, so that Cox may provide consistent services and a positive experience to all of its customers.
Although Cox has no obligation to monitor use levels of the Services provided, other than for billing purposes, Cox reserves the right to monitor usage and content from time to time, (i) to operate our Services; (ii) to identify violations of this AUP; (iii) to protect the Services and Cox customers; and/or (iv) for any other purpose in our sole discretion. Accordingly, Cox's network management practices will change and evolve along with the expanding scope and use of the Services and the Internet and its inherent challenges and threats.
Overall performance level of the Services may vary with the number of Authorized Users using the Services.
In some rare cases, where individual use reaches an abusive level, Cox may take any reasonable steps, as determined in its sole discretion, to inform Customer. Cox reserves the right to immediately to suspend or terminate the Service(s) and/or terminate the Applicable Agreement for violations of this AUP as it deems necessary to protect the Services and related systems or networks, and other Cox users, with or without notice.
Neither Cox nor its affiliates, suppliers, or agents will have any liability for any such actions. These actions are not Cox's exclusive remedies, and Cox may take any other legal or technical actions it deems appropriate with or without notice. Any termination of the Service(s) arising from an unresolved violation of this AUP shall be subject to the terms of Applicable Agreement(s) and any pricing information incorporated thereto, to include any early termination fees.
5. Customer Responsibility for Authorized Users.
All references to "Customer" in this AUP shall apply to any Authorized User of the Service(s). If Customer allows Authorized Users to use the Services, Customer is responsible for ensuring that all such Authorized User comply with this AUP and the Applicable Agreement(s). Customer is responsible for ensuring that all accounts and alternative accounts associated with Customer’s principal account comply with this AUP. In the event of a suspected violation of this AUP, Customer will cooperate with Cox and will promptly provide Cox with information about Customer’s Authorized Users or Customer’s end-users upon request from Cox. Cox may suspend or terminate Services to Customer or the applicable Authorized User if Cox determines or receives a complaint that an Authorized User has violated or is violating this AUP.
6. Resale and Redistribution of Services.
The Services are provided to an individual person or company pursuant to the Applicable Agreement(s) and such use is subject to the Applicable Agreement(s) and this AUP. Except as permitted under the Applicable Agreement(s), it is a violation of this AUP to provide the Services, or any part thereof, to any third parties not named, described or authorized in the Applicable Agreement(s).
Customer is solely responsible for the protection of their computer equipment. Customer is responsible for any misuse of the Services, even if the inappropriate activity was committed by an employee, consultant, guest or other individuals who have access to Customer’s system or network. Therefore, Customer must take commercially reasonable steps, including, at a minimum, any steps outlined in the Applicable Agreements, to prevent unauthorized access to or unauthorized use of the Services. The Services may not be used to breach the security of other customers or Authorized Users or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the authentication and access controls, or probing the security of other networks. Customer may utilize scanners, sniffers and any other such security analysis tools to maintain Customer’s own network as long as Customer only uses such tools with respect to Customer’s own network.
Customer may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each a “System”).
Customer may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers. Customer shall not (i) access or use any Service without permission, including attempting to probe, scan, or test the vulnerability of the Services or to breach any security or authentication measures used by the Services; (ii) monitor or intercept data or traffic on the Services without permission; or (iii) forge TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. For clarity, the legitimate use of aliases and anonymous remailers is not prohibited by this provision.
Customer shall not scan, probe, or use security analysis tools against the Cox network or the networks of our other customers. Use of or distribution of tools designed for compromising security of non-Customer networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. Customer shall not willfully or knowingly disrupt the Services or interfere with computer networking or telecommunications services to any end-user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature, and the improper or unauthorized seizing of operator privileges, are prohibited. Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. If Cox detects that Customer’s equipment or Customer’s internet transmissions contain viruses, Trojans, worms or similar malicious content that adversely affects the Cox network or the Services, or otherwise compromises the integrity or the operation of the Cox network or the Services, Cox may disconnect or suspend Customer from the Services immediately.
It is Customer’s sole responsibility to ensure that any device they connect to the Cox network remains secure and virus free. Login credentials such as, but not limited to, passwords and personal identification numbers to any Cox managed or owned sites and servers must follow the Cox password requirements, if any, as may be made available to Customer through the Cox Portal. Accounts that do not follow this guideline may be suspended until Customer complies and is secured. Cox will not make changes to Customer accounts without proper authorization, and such level of authorization will be determined at Cox’s sole discretion. Notwithstanding the foregoing, Cox may make changes to Customer’s account at any time and without notice to the extent that such change is necessary for Cox’s compliance with Laws, including compliance with any court order or government mandate, to address a material security risk, and/or in response to suspected unauthorized access to the Services. In the event of any partnership dissolution, corporate reorganization, or other legal proceeding involving Customer and the Services, Cox may put the account on hold and suspend the Services until the situation has been resolved to Cox’s reasonable satisfaction. Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through Customer’s account, Customer will be liable for any unauthorized use of the Service(s), including any resulting damages.
8. Customer Information Disclosure.
Cox and its distribution affiliates and vendors may cooperate with law enforcement authorities in the investigation of suspected criminal violations to the extent permitted by law. Cooperation may include Cox or its vendors providing the name, IP address(es), or other identifying information regarding Customer, Authorized Users, and or Customer’s end users.
9. Inappropriate Content and Unacceptable Links.
Cox is not responsible for any information accessed by Customer through use of the Services. If using the Services to reproduce, publish, display, transmit and distribute Customer Content, Customer warrants that the Customer Content complies with this AUP and Cox and its distribution affiliates are authorized to reproduce, publish, display, transmit and distribute such content as necessary for Cox to deliver the content in a timely manner.
Upon termination of Customer’s Services, Cox is authorized to delete any files, programs, data and email messages associated with such account, including Customer Data and Customer Content.
11. Complaints and AUP Violations.
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may, if Cox receives a complaint against Customer or believes there is a violation of this AUP or the Applicable Agreement, investigate and if appropriate, inform Customer of the complaint. Cox’s investigation may include reviewing (“Customer Data”), as that term is defined in the Cox Edge Service Terms and/or Customer Content, which Cox may review without notifying Customer and Customer shall make available immediately upon request from Cox. Cox reserves the right to act immediately and without notice, although Cox may provide such notice through the Cox Portal at Cox’s sole discretion, to suspend, restrict, or terminate Services and/or remove, disable access to, or modify any Customer Content or other resource in response to a court order, government mandate or to comply with Laws, if Cox suspects unauthorized third-party access to the Services, if Cox suspects or confirms that Customer has violated or is violating any of Sections 1 through 9 hereto, or if Cox reasonably believes Customer’s activity is harmful to the Services, the Cox network, its other customers, or third parties. The failure of Cox to enforce this AUP for whatever reason does not constitute a waiver of any right to do so at a later time. Cox is not liable for suspension or termination of Services arising from an alleged or actual violation of this AUP.
Cox may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate Customer Data or Customer Content. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP. If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.