This AUP applies to all GSI customers and their employees and agents (“Customers”) and any other persons or entities (collectively, “Users”) that access or use GSI’s hosting, colocation or other facilities or services or any resource supported by them (“GSI Facilities and Services”).  This AUP is designed to protect the security, integrity, reliability, and privacy of the GSI Facilities and Services.

Access to or use of GSI Facilities and Services by Customers or Users constitutes their acceptance of the AUP in existence at the time of such access or use.  Customers and Users are solely responsible for any and all acts and omissions that occur during or relating to their access to and use of the GSI Facilities and Services.  Customers and Users agree not to engage in any use of the GSI Facilities and Services that is prohibited under this AUP.  GSI reserves the right to modify this AUP at any time, effective immediately upon posting of the modification on the GSI web site or (for particular Customers) such later date as may be specified in the written contract with such Customer.  GSI is under no obligation to notify Users of modifications to this AUP, and is only required to notify Customers of modifications to the AUP to the extent notice is required by the written contract with such Customer.

GSI reserves the right to take action to investigate, correct or remedy any issues arising from the use of the GSI Facilities and Services in a manner that is abnormal, unlawful or otherwise prohibited by this AUP or applicable law.

GSI provides the GSI Facilities and Services for the use of its Customers and their Users. GSI Facilities and Services are to be used solely for legitimate business and commercial purposes. Customers and Users specifically agree not to use or allow the GSI Facilities and Services to be used for or in connection with the following activities:

• Installation, posting, distribution or storage of offensive, obscene, indecent, or pornographic materials in any media format
• Installation, posting, distribution or storage of any software, data or other files or media if in the sole judgment of GSI these appear to be pirated, not otherwise appropriately licensed for use by Customer or User, or in violation of any local, state, U.S. federal, or other nations’ laws or regulations (including rights protected by copyright, trade secret, patent or other intellectual property or similar provisions). Upon GSI’s request, Customer or User must be able to readily (within 1 business day) produce documentation evidencing Customer’s or User’s license rights or "right to distribute" for all software, data or other files or media installed on, distributed by or stored using GSI Facilities and Services
• Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions
• Delivery of or servicing of any business activities related to (a) the sending of advertising or other material to persons or entities who did not specifically request such material, including (but not limited to) unsolicited e-mail messages (otherwise known as Spam) and blast-faxing, (b) harassment, whether through language, frequency, or size of messages (c) unauthorized use or forging of mail header information (d) other unlawful or deceptive advertising, promotion or sales activities, (e) solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies (f) creating or forwarding "chain letters" or other "pyramid schemes" of any type, (g) distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating any of the activities or items described in (a) though (g) above.
• Performing, supporting or failing to correct security breaches, disruptions or other unlawful, unauthorized or unruly Internet or network activity. Examples of the items described in the prior sentence include (but are not limited to) denial of service, port scanning (without prior permission of GSI), generating excessive network traffic through the use of automated or manual routines not related to ordinary business use of Internet services, accessing data for which the Customer or User is not an intended recipient, logging into a server or account that the Customer or User is not expressly authorized to access, executing any form of network monitoring that will intercept data not intended for the Customer or User, flood pings, packet spoofing, forged routing information or circumventing user authentication or security of any host, network or account
• Restricting or inhibiting anyone - whether a Customer, User or otherwise - in his or her use or enjoyment of GSI Facilities and Services, including (but not limited to) using any program/script/command or sending messages of any kind that are designed to interfere with or to disable a party's terminal session
• Introduction of malicious programs into the GSI Facilities and Services (such as, but not limited to, viruses, trojan horses and worms)
• Installation, posting, distribution or storage of electronic content that, in the sole judgment of GSI, appears not to be traditional business or commercial material, including (but not limited to) hate speech, threatening or abusive material, defamatory or libelous material, or any other controversial materials
• Resale or redistribution of GSI Facilities and Services or use of the GSI Facilities and Services to compete with GSI in any fashion, absent express written consent of GSI
• Failing to comply with GSI's procedures relating to the activities of persons on GSI-owned or controlled facilities (such as security policies)
• Furnishing false or incorrect data on any order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of GSI Facilities and Services
• Facilitation, delivery of, or participation in any other illegal online activity. Each Customer or User shall be responsible for determining what laws or regulations are applicable to its use of the GSI Facilities and Services, and complying with such laws or regulations.

No failure or delay in exercising or enforcing this AUP shall constitute a waiver of the AUP or of any other right or remedy. If any provision of this AUP is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the AUP shall remain in effect.

GSI has formed its own Computer Security Intrusion Response Team (“CSIRT”) to respond to perceived or real threats to GSI facilities and Services and to investigate any violations of this AUP. As a Customer or User of GSI Facilities and Services, you and your organization agree to willingly cooperate in good faith with any CSIRT investigation and respond promptly to CSIRT inquiries and recommendations.

GSI may immediately suspend and/or terminate a Customer's or User’s access to and use of GSI Facilities and Services for violation of any provision of this AUP upon verbal or written notice, which notice may be provided by voicemail or E-mail.  Prior to suspension or termination, GSI will make a reasonable attempt to work with the Customer or User in good faith to cure violations of this AUP.  Notwithstanding the previous two sentences, GSI reserves the right to suspend or terminate a Customer's or User’s access to and use of GSI Facilities and Services based on a first violation of this AUP, without notice, if necessary in GSI’s sole discretion.  In the event of any suspension or termination, GSI shall hold any of the Customer’s or User’s assets, content or data that are in GSI’s possession until such time as a settlement is reached with GSI concerning any remaining payments due on the Customer’s contract or any damages due to the Customer’s or User’s violation of this AUP.

Upon notification to a Customer or User of the existence of a vulnerable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the Customer or User shall immediately take all necessary steps to avoid any potential misuse or abuse of such resource. Any misuse or abuse of an open resource that occurs after the Customer or User has received such notification shall be considered a violation of this AUP and enforced as such.

GSI maintains the right to permanently disable the facilities of any customer violating the above terms on a repeat basis, any customer who refuses to take corrective action after repeat warnings from GSI, or who refuses to implement CSIRT non-personnel related recommendations. In the event of such termination, GSI shall hold the customers assets until such time as a settlement is reached concerning any remaining payments due on the term contract. In short, don't violate the above (AUP).

GSI is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). This policy is intended to guide copyright owners in utilizing procedures under the DMCA for the protection of copyright protected materials, and also to guide webmasters in restoring access to websites that are disabled due to mistake.

Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the procedure: (1) Writing a proper DMCA notice, and (2) sending the proper DMCA notice to GSI’s Designated Agent.

How to Write a Proper DMCA Notice
A proper DMCA notice will notify GSI of particular facts in a document signed under penalty of perjury. A proper DMCA notice must include the following information:

• Identification of yourself as either (a) the owner of a copyrighted work(s), or (b) a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Your contact information, including your true name, street address, telephone number, and email address
• Identification of the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works
• Identification of the material that you claim is infringing your copyrighted work, to which you are requesting that GSI disable access over the Internet
• Identification of where the material is located on the Internet by providing information reasonably sufficient to permit GSI to locate the material
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law
• A statement that the information you have supplied in the notice is accurate, under penalty of perjury
• Your signature on the notice, either in the form of a physical or electronic signature

Sending The Proper DMCA Notice to GSI’s Designated Agent
To exercise your DMCA rights, you must send your proper DMCA notice to the following agent designated by GSI (the "Designated Agent"). The contact information for GSI's Designated Agent is:

Robin Greenhagen
Greensoft Solutions, Inc. (GSI)
10828 NW AirWorld Drive
Kansas City, MO 64153
DMCA@gsihosting.com

What We Do When We Receive A Proper DMCA Notice
GSI will follow the procedures provided in the DCMA, which prescribe a notice and takedown procedure, subject to the affected Customer’s or User’s right to submit a counter-notification claiming lawful use of the disabled works as described below.

Notice and Takedown Procedure
If GSI is notified of a claim of copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to the material on the GSI Facilities and Services that is claimed to be infringing or to be the subject of infringing activity. GSI will comply with the applicable provisions of the DMCA in the event a counter- notification is received by its Designated Agent.

Notice to GSI Customers and Users
Customers and Users whose material is claimed to be infringing or the subject of infringing activity may protest a DMCA notice by submitting a counter-notification as described below. If access to or use of part or all of the GSI Facilities and Services for a Customer or User is disabled due to operation of the notice and takedown procedure described above, and that Customer or User believes the disabling was improper, such Customer or User must submit a counter-notification that includes the following information:

• A statement that your access to part or all of the GSI Facilities and Services was disabled due to operation of the notice and takedown procedure
• Identification of the material that has been removed, and its URL or other location prior to removal
• A statement, under penalty of perjury (a) that includes your name, address, and telephone number, (b) that you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material, (c) that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

Sending the Counter-notification
The counter-notification must be sent to the Designated Agent for GSI identified above.

Repeat Infringers
Customers or Users who violate GSI's DMCA Policy will be subject to immediate termination or other remedies permitted by this AUP and applicable law. Furthermore, repeat infringers will not be tolerated.

Accommodation of Standard Technical Measures
It is GSI's policy to accommodate and not interfere with standard technical measures that are used by copyright owners to identify or protect copyrighted works provided that GSI determines, in its sole discretion, that such measures are reasonable under the circumstances.

Tracking; Policy for Non-Compliant Communications and Misleading Information
When a notice is submitted, GSI will issue the notifying party a tracking number and advise that party of the results of GSI’s investigation. If a party wishes to report possible infringement confidentially, it may submit a report at the following page: 
http://www.gsihosting.com/csirt.
 If a report is submitted anonymously, GSI will be unable to follow up with the reporting party on the results of its findings, and may not be able to follow the DMCA Policy because anonymous reports may not contain all of the elements required for a proper notification under the DMCA.

GSI may handle notices that do not comply with the requirements of the DMCA and/or GSI’s DMCA Policy in whatever manner appears to be reasonable under the circumstances, in GSI’s sole discretion. Any notification or counter-notification that contains misleading information of any sort will void any claim of right made by the submitting party.

GSI makes no guarantee of confidentiality or privacy of any information transmitted through or stored using GSI Facilities and Services, other than the warranties expressed in written contracts between GSI and the Customers who sign them.  GSI makes no guarantee that any other entity or group of users will be included or excluded from GSI’s Facilities and Services.  In addition, GSI reserves the right to periodically monitor transmissions over its Facilities and Services for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act or other applicable laws, as amended, or any court order or compulsory process.

Questions?
If you are unsure of whether any contemplated use or action is permitted, please contact GSI at AUP@gsihosting.com.