Falkor Technologies LLC, here after known as "Falkor Tech", provides IT infrastructure services (the “Services”) through Falkor Technologies LLC & Charlotte Colocation Center LLC networks, systems and facilities (the “Infrastructure”). This Terms of Service (“TOS”) describes how you may use the Services and Infrastructure.
Falkor Tech reserves the right, in its sole discretion, to make changes or updates to this TOS at any time. If any changes or updates are made, Falkor Tech will post a revised version of this TOS on its website, at which time such changes or updates will become effective. These updates and changes will not apply to any dispute of which Falkor Tech had actual notice prior to the posting of these update and changes. Your continued use of the Services or Infrastructure after any such changes or updates constitutes your acceptance of these changes and updates. If you do not agree to abide by this TOS, do not use or access the Services or Infrastructure.
You will use the Services in accordance with all laws, rules, regulations and court or judicial orders applicable to you. This includes, without limitation, export laws and encryption regulations, personal data protection laws (including those of the United States and any other country, territory, or jurisdiction from which you collect or use personal data), and data localization and sovereignty laws.
You are solely responsible for any and all content, material and data that you maintain, transmit, download, view, post, distribute or make available using the Services or Infrastructure, and any third-party claims arising out of such activities.
You will not, nor will you permit or allow anyone else to, use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of this TOS, the terms of any applicable agreement with Falkor Tech or any other Falkor Tech policy applicable to you; (b) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by others; or (c) in a manner that exposes Falkor Tech to criminal or civil liability. You will cooperate with Falkor Tech in investigating and correcting any breach of this TOS.
If you resell or provide the Services to your customers, you must contractually pass on the restrictions of this TOS to your customers and take steps to ensure compliance by your customers with this TOS The following activities are generally prohibited. These categories of activities and content are not exhaustive, but serve as a framework for activities and content that are unacceptable during your use of the Services and Infrastructure.
Illegal, Offensive, or Harmful Activities and Content. You will not use the Services or Infrastructure, or assist anyone else, to publish, transmit, distribute or store content, material, information or data that: (a) is illegal (including child pornography), obscene, offensive or otherwise objectionable, defamatory, libelous, threatening, harassing, abusive or hateful, that is harmful to Falkor Tech’s reputation, that violates the rights of others, or that advocates violence or threatens the health of others; (b) is harmful to or interferes with Falkor Tech's provision of Services, the Infrastructure or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing” or “pharming”).
Hacking, DOS Attacks, Attempts to Breach Security. You will not use the Services or Infrastructure, or assist anyone else, to attempt to disrupt, degrade, impair or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Falkor Tech internet protocol space.
Spam, Email Relays, Bulk Email. You will not use the Services or Infrastructure, or assist anyone else, to transmit unsolicited bulk e-mail messages (“Spam”); have third parties send out Spam on any user’s behalf; receive replies from unsolicited e-mails (commonly referred to as “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third party e-mails for forwarding (e.g., “open mail relay”). Bulk e-mails may only be sent to recipients who have expressly requested receipt of such e-mail messages via a verified opt-in process. If you send bulk e-mail, you must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and immediately provide Falkor Tech with such records upon Falkor Tech's request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. You are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and you will not use the Services or Infrastructure to: (a) send e-mail messages that are excessive and/or intended to harass or annoy others; (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them; (c) send e-mail with forged TCP/IP packet header information; or (d) send malicious e-mail, including, without limitation, “mailbombing;”
Charters, Policies, and Agreements. You will not use the Services or Infrastructure, or assist anyone else, to violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages and disrupting newsgroups with materials, postings or activities that are inappropriate (as determined by Falkor Tech in its discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules; or
Third Party Agreements to Which You Are Subject. You will not use the Services or Infrastructure, or assist anyone else, to violate the applicable acceptable use policies of other ISPs when data, content or other communications are carried across the networks of such ISPs.
Falkor Tech’s Rights and Remedies
Suspension and Termination. Your failure to comply with this TOS may result in Falkor Tech taking responsive action, including but not limited to, warnings to a suspension or termination of your use of the Services and Infrastructure. Falkor Tech reserves the right to act immediately and without prior notice to suspend or terminate affected Services and your access to the Services and Infrastructure in response to a court order or governmental notice that certain conduct must be stopped or in the event Falkor Tech determines, that your conduct or breach may: (a) expose Falkor Tech to sanctions, prosecution, civil action or other liability; (b) cause harm to or interfere with Falkor Tech’s Infrastructure or networks connected with the Infrastructure or Services; (c) interfere with another customer’s use of the Services or Infrastructure; (d) violate any applicable law, rule, regulation or court order; or (e) otherwise present an imminent risk of harm to Falkor Tech or its customers.
Cooperation with Law Enforcement. Falkor Tech further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this TOS, including disclosing the identity and IP address of any user that Falkor Tech believes is responsible for such violation.
Severability. If any provision of this TOS is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Questions, Complaints and Contact Information
You should send any questions or complaints regarding prohibited use or other abuse of the Services and Infrastructure, including violations of this TOS, to [email protected] Please include all applicable information that will assist Falkor Tech in investigating the complaint.
Last Updated: August 2019