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NETWINDY LLC
Acceptable Use Policy (AUP)
Effective Date: April 1st 2026

1. Purpose

1.1 Purpose

This Acceptable Use Policy (“AUP“) establishes the acceptable standards of conduct governing the use of products, services, systems, networks, applications, cloud platforms, and infrastructure provided by Netwindy LLC (“Netwindy“, “Company“, “we“, “our“, or “us“).

The purpose of this AUP is to protect the security, integrity, availability, reliability, and lawful operation of Netwindy LLC’s Services while promoting responsible and ethical use of technology resources.

1.2 Objectives

This AUP is intended to:

  • Protect Netwindy LLC’s infrastructure, systems, and Services.
  • Protect Customers and other users from malicious, abusive, or unlawful activity.
  • Promote the secure, reliable, and responsible use of technology resources.
  • Preserve the availability and performance of shared systems and networks.
  • Comply with applicable laws, regulations, and industry best practices.
  • Protect the privacy, confidentiality, and security of Customer information.

1.3 Commitment to Responsible Use

Netwindy LLC supports the lawful and responsible exchange of information across the Internet and does not routinely monitor Customer activity except as reasonably necessary to operate the Services, maintain security, comply with legal obligations, investigate suspected violations, or enforce this AUP and other governing agreements.

Customers remain solely responsible for all activity occurring through their accounts, systems, users, devices, applications, and Services.

1.4 Relationship to Other Agreements

This Acceptable Use Policy forms part of the contractual relationship between Netwindy LLC and the Customer and is incorporated by reference into the applicable Master Services Agreement (MSA), Terms of Service (TOS), Statement of Work (SOW), Service Level Agreement (SLA), Proposal, Quote, Service Order, and any other agreement governing the Services.

In the event of any conflict between this AUP and the Master Services Agreement, the Master Services Agreement shall control unless otherwise expressly provided in writing.

1.5 Scope of Enforcement

Violations of this AUP may result in investigation, temporary suspension of Services, permanent termination of Services, removal of offending content, restriction of network access, legal action, or other remedies available under applicable agreements or law.

Netwindy LLC reserves the right to determine, in its commercially reasonable judgment, whether conduct violates this AUP.

1.6 Preservation of Network Integrity

Netwindy LLC is committed to maintaining a secure, stable, and reliable computing environment for all Customers. Activities that threaten the security, performance, availability, or reputation of Netwindy LLC’s infrastructure or that negatively impact other Customers are prohibited.

1.7 Customer Acknowledgment

By purchasing, accessing, using, renewing, or continuing to use any Service provided by Netwindy LLC, the Customer acknowledges that they have read, understand, and agree to comply with this Acceptable Use Policy and all other governing agreements applicable to the Services.

2. Scope

2.1 Applicability

This Acceptable Use Policy applies to all Customers, authorized users, employees, contractors, consultants, temporary personnel, agents, resellers, affiliates, guests, and any other individual or entity accessing or using Services provided by Netwindy LLC.

This AUP applies regardless of whether access is direct or indirect and regardless of the technology, platform, device, or network used to access the Services.

2.2 Covered Services

This AUP applies to all products and Services provided, managed, hosted, supported, licensed, monitored, or resold by Netwindy LLC, including but not limited to:

  • Managed IT Services.
  • Infrastructure as a Service (IaaS).
  • Voice as a Service (VaaS).
  • Disaster Recovery as a Service (DRaaS).
  • Security as a Service (SECaaS).
  • Cloud Services.
  • Web Hosting Services.
  • Email Hosting Services.
  • Backup Services.
  • Managed Network Services.
  • Professional Services.
  • Software licensing and subscription services.

2.3 Customer Responsibility

The Customer is responsible for ensuring that all individuals who access or use the Services under the Customer’s account comply with this Acceptable Use Policy.

The Customer shall remain responsible for all activity conducted through its accounts, credentials, systems, users, devices, applications, and network connections, whether authorized or unauthorized, unless otherwise prohibited by applicable law.

2.4 Third-Party Access

The Customer shall ensure that any third-party service providers, contractors, consultants, vendors, or other authorized users granted access to Netwindy LLC Services comply with this Acceptable Use Policy.

Any violation committed by a third party using the Customer’s account or environment may be treated as a violation by the Customer.

2.5 Geographic Scope

This Acceptable Use Policy applies to the use of Netwindy LLC Services worldwide, regardless of the Customer’s physical location or the geographic location from which the Services are accessed.

Customers are responsible for ensuring that their use of the Services complies with all applicable local, state, federal, and international laws and regulations.

2.6 Customer-Owned Systems

Where Netwindy LLC manages, monitors, supports, or provides Services for Customer-owned hardware, software, cloud environments, or other technology resources, this Acceptable Use Policy applies to the Customer’s use of those Services to the extent they interact with Netwindy LLC infrastructure or personnel.

2.7 Exclusions

This Acceptable Use Policy does not modify the licensing terms, acceptable use requirements, or contractual obligations established by third-party software vendors, cloud providers, telecommunications carriers, or other third-party service providers.

Customers remain responsible for complying with all applicable third-party agreements in addition to this AUP.

2.8 Survival

The obligations contained within this Acceptable Use Policy shall survive suspension or termination of Services to the extent reasonably necessary to enforce violations, investigate security incidents, preserve evidence, protect Netwindy LLC infrastructure, comply with legal obligations, or otherwise protect the rights of Netwindy LLC or third parties.

3. Acceptance of this Acceptable Use Policy

3.1 Acceptance by Purchase

This Acceptable Use Policy (“AUP”) becomes effective immediately upon the Customer’s purchase of any product or Service offered by Netwindy LLC.

The purchase of any Service constitutes the Customer’s acknowledgment that this AUP governs the acceptable use of the Services provided by Netwindy LLC.

3.2 Acceptance by Payment

Submission of payment for any invoice issued by Netwindy LLC constitutes acceptance of this AUP together with the applicable Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), Statement of Work (SOW), Proposal, Quote, Service Order, and any other governing agreements.

3.3 Acceptance by Use

Accessing, activating, installing, configuring, administering, or otherwise using any Service provided by Netwindy LLC constitutes acceptance of this Acceptable Use Policy.

Continued use of the Services following publication of any revised version of this AUP likewise constitutes acceptance of the revised terms to the extent permitted by applicable law.

3.4 Acceptance by Authorization

The Customer’s authorization for Netwindy LLC to begin provisioning, deploying, installing, migrating, supporting, monitoring, managing, or otherwise performing Services shall constitute acceptance of this AUP.

3.5 Responsibility for Authorized Users

The Customer agrees to ensure that all employees, contractors, consultants, temporary personnel, guests, affiliates, authorized users, and any other individuals accessing the Services through the Customer’s accounts comply with this Acceptable Use Policy.

The Customer remains responsible for all activity occurring through its accounts and credentials.

3.6 Relationship to Other Agreements

This Acceptable Use Policy is incorporated into and forms part of the contractual relationship established by the applicable Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), Statement of Work (SOW), Proposal, Quote, Service Order, and other governing agreements.

Violation of this AUP may constitute a material breach of one or more of those agreements.

3.7 Continuing Obligation

The Customer acknowledges that compliance with this Acceptable Use Policy is a continuing obligation throughout the duration of the Customer’s relationship with Netwindy LLC.

Failure to comply with this AUP may result in warnings, suspension of Services, termination of Services, legal action, or any other remedies available under applicable agreements or law.

3.8 Customer Acknowledgment

By purchasing, renewing, paying for, authorizing, accessing, or continuing to use any Service provided by Netwindy LLC, the Customer acknowledges that they have read, understand, and agree to be bound by this Acceptable Use Policy and all related governing agreements.

4. General Responsibilities

4.1 Responsible Use

Customers shall use Netwindy LLC’s Services in a lawful, ethical, secure, and responsible manner that does not interfere with the availability, integrity, performance, or security of Netwindy LLC’s infrastructure, other Customers, or third-party networks.

Customers shall exercise reasonable care in the administration and operation of all systems connected to or utilizing Netwindy LLC Services.

4.2 Compliance with Laws

Customers are solely responsible for ensuring that their use of the Services complies with all applicable local, state, federal, and international laws, regulations, court orders, governmental directives, licensing requirements, and contractual obligations.

Nothing in this Acceptable Use Policy authorizes any activity that is otherwise prohibited by applicable law.

4.3 Account Responsibility

The Customer is responsible for all activity occurring through its accounts, credentials, users, devices, applications, systems, and network connections.

The Customer shall implement reasonable administrative, technical, and physical safeguards to prevent unauthorized access or misuse of the Services.

4.4 Accurate Information

The Customer agrees to provide and maintain accurate account information, billing information, technical contacts, emergency contacts, and any other information reasonably required by Netwindy LLC for the delivery and support of the Services.

Failure to maintain current information may delay support, incident response, or other operational activities.

4.5 Cooperation

The Customer agrees to cooperate with Netwindy LLC during maintenance activities, security investigations, incident response, troubleshooting, audits, legal requests, abuse investigations, and other operational matters reasonably necessary to protect the Services or comply with applicable law.

4.6 Protection of Credentials

The Customer shall protect usernames, passwords, authentication tokens, encryption keys, API credentials, and all other access credentials used to access the Services.

Credentials shall not be shared with unauthorized individuals or used in a manner that compromises the security of the Services.

4.7 Security Best Practices

Customers are expected to implement reasonable security measures appropriate to their environment, including strong password policies, multi-factor authentication (MFA) where available, timely software updates, endpoint protection, backup procedures, and user security awareness.

Failure to maintain reasonable security practices may increase operational risk and may affect Netwindy LLC’s ability to provide certain Services.

4.8 Notification of Security Incidents

The Customer shall promptly notify Netwindy LLC upon becoming aware of any suspected unauthorized access, account compromise, malware infection, data breach, credential theft, or other cybersecurity event involving Services provided by Netwindy LLC.

Prompt notification assists Netwindy LLC in protecting Customer environments and other users of the Services.

4.9 Third-Party Responsibility

The Customer is responsible for ensuring that all employees, contractors, consultants, vendors, guests, affiliates, and other authorized users comply with this Acceptable Use Policy when accessing or using the Services.

Violations committed by authorized users may be treated as violations by the Customer.

4.10 Preservation of Service Integrity

Customers shall not engage in any activity that, in Netwindy LLC’s commercially reasonable judgment, may degrade system performance, compromise security, interfere with the use of the Services by others, damage Netwindy LLC’s reputation, or otherwise threaten the integrity, reliability, or availability of the Services.

5. Illegal Activities

5.1 Prohibited Conduct

Customers shall not use Netwindy LLC’s Services to engage in, facilitate, promote, support, or conceal any activity that violates applicable local, state, federal, or international laws or regulations.

Any unlawful use of the Services constitutes a material violation of this Acceptable Use Policy and may result in immediate suspension or termination of Services.

5.2 Criminal Activity

Customers shall not use the Services to commit, encourage, assist, or facilitate criminal activity, including but not limited to fraud, identity theft, extortion, money laundering, theft, cybercrime, or any other unlawful conduct.

5.3 Fraudulent Activity

The use of the Services to engage in fraudulent, deceptive, misleading, or dishonest business practices is prohibited.

Examples include, but are not limited to:

  • Financial fraud.
  • Identity fraud.
  • Credit card fraud.
  • Investment or cryptocurrency scams.
  • Ponzi or pyramid schemes.
  • False advertising.
  • Impersonation for financial gain.

5.4 Illegal Content

Customers shall not store, transmit, publish, distribute, or make available any content that is unlawful or that facilitates unlawful activity.

This includes, but is not limited to:

  • Child sexual abuse material (CSAM).
  • Content that violates applicable criminal laws.
  • Materials promoting or facilitating criminal activity.
  • Illegally obtained confidential information.
  • Stolen credentials or authentication data.

5.5 Export Controls and Sanctions

Customers shall comply with all applicable export control laws, trade restrictions, sanctions programs, and similar governmental regulations governing the use of Netwindy LLC Services.

Customers may not use the Services in violation of applicable sanctions or export control requirements.

5.6 Harassment and Threats

Customers shall not use the Services to threaten, harass, intimidate, stalk, extort, or otherwise unlawfully harm another individual or organization.

The transmission of credible threats of violence, property damage, or criminal activity is strictly prohibited.

5.7 Illegal Access

Customers shall not use Netwindy LLC Services to gain unauthorized access to computers, networks, systems, accounts, applications, cloud environments, or data belonging to any individual or organization.

Attempts to facilitate or conceal unauthorized access are likewise prohibited.

5.8 Cooperation with Authorities

Netwindy LLC reserves the right to investigate suspected violations of this Section and may cooperate with law enforcement agencies, regulatory authorities, courts, or other governmental entities as required by applicable law or legal process.

5.9 Immediate Enforcement

Where Netwindy LLC reasonably believes that illegal activity has occurred or is occurring, the Company may immediately suspend or terminate affected Services, preserve relevant records, restrict access to systems, or take any other action reasonably necessary to protect its Customers, infrastructure, personnel, or legal interests.

5.10 Reservation of Rights

Nothing contained in this Section limits Netwindy LLC’s right to pursue any contractual, civil, administrative, or criminal remedies available under applicable law, the Master Services Agreement (MSA), the Terms of Service (TOS), or any other governing agreement.

6. Security Responsibilities

6.1 Customer Security Obligations

Customers are responsible for implementing and maintaining reasonable administrative, technical, and physical security safeguards appropriate to their use of Netwindy LLC’s Services.

Customers shall take all reasonable measures to protect their accounts, systems, users, applications, devices, networks, and data from unauthorized access or misuse.

6.2 Account Credentials

Customers shall maintain the confidentiality of usernames, passwords, authentication tokens, encryption keys, API credentials, recovery codes, and all other authentication mechanisms used to access the Services.

Customers shall not knowingly disclose credentials to unauthorized individuals or permit shared use of privileged accounts except where specifically authorized by Netwindy LLC or required for legitimate business operations.

6.3 Multi-Factor Authentication (MFA)

Where Multi-Factor Authentication (MFA) is available or required, Customers shall enable and maintain MFA for administrative accounts, privileged users, remote access, cloud services, and other systems as required by Netwindy LLC or applicable security standards.

Customers acknowledge that failure to implement MFA may increase security risk and may limit Netwindy LLC’s ability to provide certain Services.

6.4 Unauthorized Access

Customers shall not attempt to gain unauthorized access to any system, network, account, application, database, cloud platform, or technology resource owned or operated by Netwindy LLC or any third party.

Customers shall immediately discontinue any activity that results in accidental unauthorized access and promptly notify Netwindy LLC.

6.5 Security Incidents

Customers shall promptly notify Netwindy LLC upon becoming aware of any suspected or confirmed security incident involving the Services, including but not limited to:

  • Unauthorized account access.
  • Credential compromise.
  • Malware or ransomware infections.
  • Phishing attacks.
  • Data breaches.
  • Unauthorized disclosure of confidential information.
  • Suspicious network activity.

6.6 Security Controls

Customers are expected to maintain commercially reasonable security controls appropriate to their environment, including:

  • Timely operating system and software updates.
  • Endpoint protection software.
  • Firewall protection.
  • Secure password policies.
  • Regular backups.
  • User security awareness training.
  • Access control procedures.

6.7 Security Testing

Customers shall not perform vulnerability scanning, penetration testing, denial-of-service testing, exploit testing, or other security assessments against Netwindy LLC infrastructure without Netwindy LLC’s prior written authorization.

Authorized testing shall be coordinated in advance to prevent disruption of Services.

6.8 Customer Cooperation

Customers agree to cooperate with Netwindy LLC during security investigations, incident response activities, forensic investigations, vulnerability remediation, software updates, emergency maintenance, and other activities reasonably necessary to protect the Services.

6.9 Responsibility for Authorized Users

The Customer remains responsible for ensuring that employees, contractors, consultants, vendors, guests, affiliates, and other authorized users comply with reasonable security practices while accessing or using the Services.

Security violations committed by authorized users may be treated as violations by the Customer.

6.10 Reservation of Rights

Netwindy LLC reserves the right to temporarily restrict, suspend, or terminate access to the Services whenever the Company reasonably believes that continued access presents a material security risk to Netwindy LLC, the Customer, other Customers, or third-party systems.

Nothing contained in this Section limits Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), or applicable law.

7. Network Abuse

7.1 General Prohibition

Customers shall not use Netwindy LLC’s Services to interfere with, disrupt, degrade, compromise, or unlawfully access any network, computer system, cloud environment, application, telecommunications service, or other technology resource belonging to Netwindy LLC, another Customer, or any third party.

Activities that negatively impact the security, availability, integrity, or performance of networks are strictly prohibited.

7.2 Unauthorized Access

Customers shall not attempt to gain unauthorized access to any network, device, server, application, cloud platform, user account, or data through exploitation, credential misuse, vulnerability abuse, or any other unauthorized means.

This prohibition applies regardless of whether the attempt is successful.

7.3 Network Scanning

Unauthorized vulnerability scanning, port scanning, network enumeration, service discovery, packet capture, fingerprinting, or other reconnaissance activities directed toward Netwindy LLC infrastructure or third-party systems are prohibited unless expressly authorized in writing by Netwindy LLC.

7.4 Denial-of-Service Attacks

Customers shall not initiate, participate in, facilitate, or knowingly support any activity intended to overwhelm, disrupt, or impair the availability of any system or network.

This includes, but is not limited to:

  • Denial-of-Service (DoS) attacks.
  • Distributed Denial-of-Service (DDoS) attacks.
  • Flooding attacks.
  • Reflection or amplification attacks.
  • Resource exhaustion attacks.

7.5 Spoofing and Impersonation

Customers shall not forge, falsify, manipulate, or conceal network identifiers, IP addresses, DNS records, routing information, email headers, caller identification information, or other identifying information for the purpose of deception, unauthorized access, or evasion of security controls.

7.6 Open Proxies and Relay Services

Customers shall not knowingly operate or permit the operation of unsecured open proxies, open mail relays, anonymous relay services, or other systems that facilitate unauthorized or abusive network activity.

Customers are responsible for properly securing systems under their control.

7.7 Network Interference

Customers shall not intentionally interfere with or degrade the normal operation of networks or systems through excessive traffic generation, malicious routing activity, protocol abuse, broadcast storms, malformed packets, or other disruptive techniques.

7.8 Unauthorized Monitoring

Customers shall not intercept, monitor, capture, inspect, or record network communications or data transmissions belonging to another Customer or third party without proper authorization.

This prohibition includes unauthorized packet capture, traffic interception, session hijacking, and similar activities.

7.9 Customer Responsibility

Customers are responsible for maintaining secure network configurations, protecting internet-connected systems, promptly addressing known vulnerabilities, and ensuring that their networks are not used by third parties for prohibited activities.

Failure to maintain reasonable network security may result in temporary suspension of affected Services until the identified risk has been mitigated.

7.10 Reservation of Rights

Netwindy LLC reserves the right to investigate suspected network abuse, temporarily restrict network connectivity, block malicious traffic, preserve operational records, notify affected parties, cooperate with law enforcement, and suspend or terminate Services whenever reasonably necessary to protect Netwindy LLC, its Customers, or third-party networks.

8. Malware and Harmful Code

8.1 General Prohibition

Customers shall not use Netwindy LLC’s Services to create, distribute, host, execute, transmit, facilitate, or knowingly support malware, malicious software, or other harmful code intended to compromise the confidentiality, integrity, availability, or security of any system, network, application, or data.

Any activity involving malicious code that threatens Netwindy LLC, its Customers, or third parties constitutes a material violation of this Acceptable Use Policy.

8.2 Prohibited Malicious Software

The following activities are prohibited, including but not limited to the creation, storage, distribution, or execution of:

  • Viruses.
  • Worms.
  • Trojans.
  • Ransomware.
  • Spyware.
  • Rootkits.
  • Keyloggers.
  • Botnet software.
  • Cryptocurrency mining malware.
  • Remote Access Trojans (RATs).
  • Malicious scripts.
  • Any software designed to intentionally disrupt, damage, or gain unauthorized access to systems.

8.3 Distribution of Harmful Code

Customers shall not knowingly distribute, host, publish, transmit, or make available malware or other harmful software through Netwindy LLC’s Services.

This prohibition applies regardless of whether the malware targets Netwindy LLC systems or third-party systems.

8.4 Intentional System Compromise

Customers shall not intentionally deploy software or code designed to:

  • Damage computer systems.
  • Destroy or encrypt data without authorization.
  • Disrupt normal business operations.
  • Steal credentials or confidential information.
  • Bypass security controls.
  • Establish unauthorized remote access.

8.5 Security Research

Authorized security research, malware analysis, reverse engineering, vulnerability testing, and controlled laboratory environments are permitted only where expressly authorized by Netwindy LLC or conducted entirely within isolated environments that cannot adversely affect Netwindy LLC’s infrastructure, Customers, or third parties.

Nothing in this Section prohibits legitimate cybersecurity research conducted in compliance with applicable law and contractual obligations.

8.6 Compromised Systems

Customers shall promptly notify Netwindy LLC upon becoming aware that systems utilizing Netwindy LLC Services have been compromised by malware, ransomware, unauthorized access, or other malicious activity.

Customers shall cooperate with Netwindy LLC in mitigating any risk to shared infrastructure or other Customers.

8.7 Customer Responsibilities

Customers are responsible for maintaining commercially reasonable malware protection, endpoint security, software patching, vulnerability management, and security monitoring appropriate to their environment.

Failure to maintain reasonable security controls may increase operational risk and may affect Netwindy LLC’s ability to provide certain Services.

8.8 Containment Measures

If Netwindy LLC reasonably believes that Customer systems are distributing malware or otherwise present an immediate threat to Netwindy LLC’s infrastructure or other Customers, Netwindy LLC may temporarily isolate, suspend, restrict, or disconnect affected Services without prior notice when reasonably necessary to protect the security and integrity of the Services.

8.9 Investigation and Cooperation

Customers agree to cooperate with Netwindy LLC during malware investigations, incident response activities, forensic analysis, recovery efforts, and remediation procedures related to malicious software affecting the Services.

8.10 Reservation of Rights

Netwindy LLC reserves the right to remove malicious content, suspend affected Services, preserve relevant evidence, notify affected parties, cooperate with law enforcement authorities, and pursue any contractual, civil, or legal remedies available under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law.

9. Email Abuse and Spam

9.1 General Prohibition

Customers shall not use Netwindy LLC’s Services to transmit, distribute, facilitate, host, relay, or otherwise support unsolicited, deceptive, fraudulent, or abusive electronic communications.

Netwindy LLC maintains a zero-tolerance policy toward spam, phishing, email fraud, and other forms of abusive messaging.

9.2 Unsolicited Commercial Email (Spam)

Customers shall not use the Services to send or facilitate the transmission of unsolicited commercial email (“Spam”), unsolicited bulk email (UBE), or unsolicited commercial electronic messages (UCE).

This prohibition applies regardless of whether the messages originate directly from Netwindy LLC infrastructure or are transmitted through third-party systems utilizing Netwindy LLC Services.

9.3 Phishing and Email Fraud

Customers shall not use the Services to create, distribute, host, or facilitate phishing campaigns, business email compromise (BEC), credential harvesting, fraudulent login pages, deceptive communications, impersonation schemes, or other activities intended to obtain confidential information through deception.

9.4 Email Spoofing

Customers shall not forge, falsify, or manipulate email headers, sender identities, routing information, domain names, or authentication records, including but not limited to SPF, DKIM, and DMARC mechanisms, for the purpose of misleading recipients or bypassing security controls.

9.5 Mailing Lists and Bulk Email

Legitimate mailing lists and bulk email communications are permitted only where recipients have provided appropriate consent or where such communications otherwise comply with applicable law and recognized industry best practices.

Customers are responsible for maintaining evidence of recipient consent where required by law.

9.6 Open Mail Relays

Customers shall not operate unsecured or improperly configured mail servers that function as open relays or otherwise facilitate unauthorized email transmission.

Customers are responsible for maintaining commercially reasonable security controls to prevent abuse of their email systems.

9.7 Email Reputation

Customers shall not engage in activities that materially damage the reputation of Netwindy LLC’s email infrastructure, including causing Netwindy LLC IP addresses or domains to be listed on industry-recognized blocklists, reputation databases, or anti-spam services.

Netwindy LLC reserves the right to take immediate corrective action to protect the integrity and deliverability of its email services.

9.8 Customer Responsibilities

Customers are responsible for securing email accounts, monitoring account activity, protecting credentials, maintaining appropriate email authentication, promptly responding to abuse notifications, and preventing unauthorized use of their email systems.

9.9 Enforcement

Where Netwindy LLC reasonably believes that email abuse has occurred, the Company may suspend or restrict email services, disable affected accounts, block outbound mail, preserve relevant records, remove offending content, notify affected third parties, cooperate with regulatory or law enforcement authorities, and require corrective actions prior to restoring Services.

9.10 Reservation of Rights

Netwindy LLC reserves the right to investigate suspected email abuse, reject or filter messages, implement rate limits, suspend Services, terminate Services, and pursue any contractual, civil, or legal remedies available under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law to protect its infrastructure, Customers, and the broader Internet community.

10. Web Hosting and Content Abuse

10.1 General Prohibition

Customers shall not use Netwindy LLC’s web hosting, cloud hosting, application hosting, storage, or related Services to host, publish, distribute, transmit, or otherwise make available content or applications that are unlawful, malicious, deceptive, abusive, or otherwise prohibited by this Acceptable Use Policy.

Customers remain solely responsible for all content hosted, transmitted, or published through the Services.

10.2 Illegal and Prohibited Content

Customers shall not knowingly host, publish, distribute, or facilitate access to content that:

  • Violates applicable law.
  • Facilitates criminal activity.
  • Contains child sexual abuse material (CSAM).
  • Contains malware or malicious code.
  • Promotes fraud or financial scams.
  • Infringes the intellectual property rights of others.
  • Violates court orders or governmental restrictions.

10.3 Malicious Websites

Customers shall not use the Services to host websites, applications, landing pages, or online services intended to distribute malware, conduct phishing campaigns, harvest credentials, exploit software vulnerabilities, operate botnets, deceive users, or otherwise facilitate malicious activity.

10.4 Fraudulent or Deceptive Content

Customers shall not host content that intentionally misrepresents the identity of an individual or organization, impersonates another party, promotes fraudulent business practices, or is intended to deceive users for financial gain or other unlawful purposes.

10.5 Customer Content Responsibility

The Customer is solely responsible for the accuracy, legality, ownership, licensing, security, and maintenance of all websites, applications, databases, files, software, and other content hosted through Netwindy LLC Services.

Netwindy LLC does not routinely review or pre-screen Customer content.

10.6 Security of Hosted Applications

Customers are responsible for maintaining commercially reasonable security for hosted websites and applications, including timely software updates, vulnerability remediation, strong authentication, secure coding practices, and protection against unauthorized access.

Compromised websites that threaten Netwindy LLC infrastructure or other Customers may be temporarily disabled until the identified security issues have been corrected.

10.7 Resource Abuse

Customers shall not intentionally operate websites or applications that consume excessive shared resources, generate abusive traffic, interfere with other hosted environments, or otherwise negatively affect the performance, stability, or availability of Netwindy LLC Services.

10.8 Content Removal

Netwindy LLC reserves the right to remove, disable, restrict access to, or suspend hosted content when the Company reasonably believes that such content violates this Acceptable Use Policy, applicable law, contractual obligations, or presents a material security or operational risk.

Where reasonably practical, Netwindy LLC may provide the Customer with an opportunity to correct the violation prior to suspension.

10.9 Third-Party Complaints

Netwindy LLC may investigate complaints received from Customers, copyright holders, regulatory authorities, law enforcement agencies, security researchers, or other third parties regarding hosted content or applications.

Customers agree to reasonably cooperate during such investigations.

10.10 Reservation of Rights

Netwindy LLC reserves the right to suspend or terminate hosting Services, remove offending content, preserve relevant records, notify affected parties, cooperate with law enforcement authorities, and pursue any contractual, civil, or legal remedies available under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law whenever reasonably necessary to protect the Services, Customers, or the public.

11. Intellectual Property

11.1 Respect for Intellectual Property Rights

Customers shall respect the intellectual property rights of Netwindy LLC and all third parties when using the Services. Customers may not use the Services to infringe, misappropriate, or otherwise violate any copyright, trademark, patent, trade secret, or other proprietary right protected under applicable law.

11.2 Prohibited Infringement

Customers shall not host, publish, distribute, transmit, reproduce, copy, modify, sell, license, or otherwise make available material that infringes the intellectual property rights of another person or entity without appropriate authorization.

This includes, but is not limited to:

  • Copyrighted software.
  • Digital media.
  • Photographs.
  • Videos.
  • Music.
  • Books and publications.
  • Artwork and graphics.
  • Licensed databases.
  • Proprietary documentation.

11.3 Software Licensing

Customers are responsible for obtaining and maintaining all licenses, subscriptions, permissions, and legal rights necessary for any software, applications, content, or materials installed, hosted, transmitted, or used through Netwindy LLC’s Services.

Use of unlicensed, pirated, or otherwise unauthorized software is prohibited.

11.4 Trademarks and Branding

Customers shall not use the trademarks, service marks, trade names, logos, branding, or other identifying marks of Netwindy LLC or any third party in a manner that is likely to cause confusion, imply endorsement, or violate applicable intellectual property laws without prior written authorization.

11.5 Copyright Complaints

Netwindy LLC reserves the right to investigate complaints alleging copyright infringement or other violations of intellectual property rights.

Customers agree to cooperate with reasonable investigations and to promptly remove or disable access to infringing material when required by applicable law or contractual obligation.

11.6 Repeat Infringers

Customers who repeatedly violate intellectual property rights or fail to remedy confirmed infringement after receiving notice may have their Services suspended or terminated at Netwindy LLC’s discretion.

11.7 Customer Responsibility

The Customer represents and warrants that it owns or has obtained all necessary rights, licenses, permissions, and authorizations required for all content, software, applications, trademarks, and other materials utilized through the Services.

The Customer assumes full responsibility for any claims arising from materials provided or published by the Customer.

11.8 Netwindy Intellectual Property

Nothing contained in this Acceptable Use Policy grants the Customer any ownership interest in Netwindy LLC’s software, documentation, trademarks, trade names, logos, proprietary technology, methodologies, or other intellectual property.

All rights not expressly granted remain the exclusive property of Netwindy LLC or its licensors.

11.9 Remedies

Where Netwindy LLC reasonably believes that intellectual property rights are being infringed, the Company may remove or disable access to the offending material, suspend affected Services, preserve relevant records, cooperate with rights holders and governmental authorities, and pursue any contractual or legal remedies available.

11.10 Reservation of Rights

Netwindy LLC reserves all rights available under applicable copyright, trademark, patent, trade secret, contract, and other intellectual property laws. Nothing contained in this Section limits Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law.

12. Privacy and Data Collection

12.1 Respect for Privacy

Customers shall respect the privacy rights of individuals and organizations when using Netwindy LLC’s Services. Customers may not use the Services to unlawfully collect, access, disclose, monitor, intercept, store, or distribute personal information, confidential information, or other protected data.

Customers are solely responsible for ensuring that their collection and use of information complies with all applicable privacy and data protection laws.

12.2 Collection of Personal Information

Customers shall not collect, process, retain, or distribute personal information without an appropriate legal basis or the authorization required under applicable law.

This includes, but is not limited to:

  • Personally Identifiable Information (PII).
  • Financial information.
  • Authentication credentials.
  • Protected health information.
  • Payment card information.
  • Government-issued identification numbers.
  • Biometric information.

12.3 Unauthorized Monitoring

Customers shall not use Netwindy LLC’s Services to intercept, monitor, capture, record, or otherwise obtain communications or information belonging to another individual or organization without proper authorization.

This prohibition includes unauthorized surveillance, packet capture, credential harvesting, session interception, and other forms of unauthorized monitoring.

12.4 Data Protection

Customers are responsible for implementing commercially reasonable safeguards to protect confidential information and personal data stored, processed, or transmitted using the Services.

Such safeguards may include encryption, access controls, multi-factor authentication, secure backups, vulnerability management, and other appropriate security measures.

12.5 Customer Responsibility

The Customer is solely responsible for determining whether its use of the Services is subject to privacy, data protection, or regulatory compliance requirements, including obtaining any required consents, notices, or authorizations from affected individuals.

Netwindy LLC does not provide legal advice regarding privacy compliance.

12.6 Confidential Information

Customers shall not intentionally disclose confidential information belonging to another individual or organization without lawful authority or proper authorization.

Customers are responsible for appropriately protecting confidential information stored or processed through the Services.

12.7 Data Breach Notification

Customers shall promptly notify Netwindy LLC upon becoming aware of any actual or suspected unauthorized disclosure, loss, compromise, or breach of information involving Services provided by Netwindy LLC where such notification is reasonably necessary to protect the Services, other Customers, or comply with applicable law.

12.8 Regulatory Compliance

Customers remain responsible for complying with all applicable privacy and data protection laws, regulations, industry standards, contractual obligations, and governmental requirements applicable to their business operations and the information they process.

12.9 Investigations

Netwindy LLC reserves the right to investigate suspected violations of this Section and may cooperate with Customers, regulatory authorities, law enforcement agencies, courts, or other governmental entities where required by applicable law or legal process.

12.10 Reservation of Rights

Nothing contained in this Section limits Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), applicable privacy laws, or other governing agreements. Netwindy LLC reserves the right to suspend or terminate Services where necessary to protect Customer information, preserve system integrity, comply with legal obligations, or respond to significant privacy or security risks.

13. Resource Usage

13.1 Fair Use of Resources

Customers shall use Netwindy LLC’s Services in a manner that is fair, reasonable, and consistent with the intended purpose of the Services purchased. Customers shall not intentionally consume excessive system resources in a manner that degrades the performance, stability, security, or availability of Netwindy LLC’s infrastructure or Services provided to other Customers.

13.2 Shared Infrastructure

Many Netwindy LLC Services operate on shared infrastructure. Customers acknowledge that excessive consumption of computing resources by one Customer may adversely affect the experience of other Customers.

Customers agree to cooperate with Netwindy LLC in resolving resource utilization issues when identified.

13.3 Prohibited Resource Abuse

Customers shall not intentionally or negligently use the Services in a manner that results in excessive or abusive consumption of shared resources, including but not limited to:

  • CPU utilization.
  • Memory utilization.
  • Disk storage.
  • Input/Output (I/O) operations.
  • Network bandwidth.
  • Database resources.
  • Email infrastructure.
  • Cloud computing resources.

13.4 Excessive Consumption

Customers shall not intentionally operate applications, processes, workloads, or services that unreasonably consume computing resources beyond the capacity or intended design of the purchased Service.

Examples include continuous high-resource processes, excessive automated requests, runaway scripts, infinite loops, improperly configured applications, or other workloads that materially impair Service performance.

13.5 Resource Optimization

Customers are responsible for maintaining efficient application design, database optimization, software updates, resource management, and reasonable system administration practices appropriate to the Services being utilized.

13.6 Automated Workloads

Automated processes, scheduled jobs, scripts, bots, integrations, artificial intelligence workloads, or other automated systems shall be configured in a manner that does not unreasonably burden Netwindy LLC’s infrastructure or negatively impact other Customers.

Netwindy LLC reserves the right to require reasonable modifications to automated workloads that create operational risk.

13.7 Temporary Restrictions

If excessive resource consumption materially affects Service availability, stability, or security, Netwindy LLC may temporarily limit, throttle, suspend, isolate, or otherwise restrict the affected workload until the condition has been corrected.

Where reasonably practical, Netwindy LLC will notify the Customer and provide an opportunity to resolve the issue.

13.8 Capacity Planning

Where Customer workloads consistently exceed the capabilities of the purchased Service, Netwindy LLC may recommend upgrading to a more appropriate service tier or infrastructure configuration.

Nothing contained in this Section obligates Netwindy LLC to provide unlimited computing resources beyond those included in the applicable Service Agreement.

13.9 Customer Responsibility

The Customer remains responsible for monitoring its applications, users, hosted content, software, integrations, and workloads to ensure continued compliance with this Acceptable Use Policy and the applicable Service Agreement.

13.10 Reservation of Rights

Netwindy LLC reserves the right to monitor resource utilization, investigate excessive consumption, implement commercially reasonable protective measures, suspend abusive workloads, require corrective actions, and take any other action reasonably necessary to preserve the stability, reliability, and availability of the Services for all Customers.

14. Prohibited Technologies and Services

14.1 General Prohibition

Customers shall not use Netwindy LLC’s Services to deploy, host, operate, distribute, or facilitate technologies or services that are unlawful, malicious, deceptive, or that present an unreasonable security, operational, or reputational risk to Netwindy LLC, its Customers, or third parties.

The technologies identified in this Section are prohibited unless expressly authorized in writing by Netwindy LLC.

14.2 Unauthorized Network Services

Customers shall not knowingly deploy or operate insecure or unauthorized network services, including but not limited to:

  • Open proxy servers.
  • Open SMTP relays.
  • Anonymous relay services.
  • Unauthorized VPN or tunneling services.
  • Unsecured remote access gateways.
  • Services intended to conceal malicious activity.

14.3 Credential and Exploitation Tools

Customers shall not host, distribute, or operate software primarily intended to facilitate unauthorized access to computer systems, credential theft, password cracking, software exploitation, or circumvention of security controls.

This prohibition includes, but is not limited to, credential harvesting tools, password cracking services, exploit kits, malicious payload generators, and similar technologies.

14.4 Cryptocurrency Mining

Unless expressly authorized by Netwindy LLC in writing, Customers shall not use the Services to conduct cryptocurrency mining, cryptocurrency staking operations that materially consume shared resources, mining pools, or similar blockchain processing activities that negatively impact shared infrastructure.

14.5 Botnets and Command Infrastructure

Customers shall not deploy, host, control, or facilitate botnet command-and-control infrastructure, malware distribution infrastructure, malicious automation platforms, or any technology intended to coordinate unauthorized activity across multiple systems.

14.6 Circumvention Technologies

Customers shall not utilize technologies intended to evade lawful security controls, bypass network protections, conceal malicious activity, or interfere with Netwindy LLC’s operational or security monitoring systems.

This prohibition does not apply to legitimate cybersecurity tools used solely within authorized testing environments.

14.7 High-Risk Services

Netwindy LLC reserves the right to prohibit technologies or services that, in its commercially reasonable judgment, present a material operational, cybersecurity, legal, or reputational risk, even if such technologies are not expressly identified within this Acceptable Use Policy.

14.8 Authorized Security Activities

Nothing contained in this Section prohibits legitimate cybersecurity consulting, penetration testing, vulnerability assessments, digital forensics, malware analysis, security research, or defensive security operations performed with proper authorization and in compliance with applicable law and contractual obligations.

14.9 Corrective Actions

If prohibited technologies or services are identified, Netwindy LLC may require the Customer to immediately disable, remove, reconfigure, or otherwise remediate the offending technology.

Failure to timely comply may result in suspension or termination of the affected Services.

14.10 Reservation of Rights

Netwindy LLC reserves the right to investigate suspected violations of this Section, restrict access to prohibited technologies, suspend or terminate Services, preserve relevant records, cooperate with law enforcement authorities, and pursue any contractual, civil, or legal remedies available under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law.

15. Artificial Intelligence and Automation

15.1 Purpose

Netwindy LLC recognizes that Artificial Intelligence (“AI”), Machine Learning (“ML”), automation platforms, and other intelligent technologies are legitimate business tools when used responsibly. This Section establishes acceptable standards governing the use of AI and automated systems through Netwindy LLC’s Services.

15.2 Responsible Use

Customers may use Artificial Intelligence, automation platforms, scripting technologies, and machine learning systems for lawful and legitimate business purposes, provided such use complies with this Acceptable Use Policy, the Master Services Agreement (MSA), the Terms of Service (TOS), and all applicable laws and regulations.

Customers remain fully responsible for all content, actions, decisions, and activities generated or performed by AI systems operating under their control.

15.3 Prohibited AI Activities

Customers shall not use Netwindy LLC’s Services to develop, deploy, operate, or facilitate Artificial Intelligence or automated systems for unlawful or malicious purposes, including but not limited to:

  • AI-generated phishing campaigns.
  • Credential harvesting.
  • Business Email Compromise (BEC).
  • Malware generation or distribution.
  • Automated exploitation of software vulnerabilities.
  • Unauthorized vulnerability scanning.
  • Credential stuffing attacks.
  • Mass account creation.
  • Spam generation.
  • Fraudulent impersonation.
  • Operation of malicious bots or botnets.
  • Circumvention of security controls.

15.4 Automated Systems

Customers shall ensure that automated scripts, bots, integrations, APIs, robotic process automation (RPA), autonomous agents, and other automated technologies operate in a manner that does not unreasonably interfere with the availability, security, stability, or performance of Netwindy LLC’s Services.

Improperly configured automation that negatively impacts shared infrastructure may be temporarily restricted or suspended.

15.5 AI Training Data

Customers are responsible for ensuring that any data used to train, fine-tune, or operate Artificial Intelligence systems has been lawfully obtained and may legally be used for such purposes.

Customers shall not knowingly use unlawfully obtained, confidential, or protected information in violation of applicable law or contractual obligations.

15.6 Human Oversight

Customers remain responsible for exercising appropriate human oversight over decisions, communications, content, and actions generated through Artificial Intelligence or automated systems.

The use of AI does not relieve the Customer of its contractual or legal responsibilities.

15.7 AI Security

Customers shall implement commercially reasonable safeguards to protect AI systems, automation platforms, application programming interfaces (APIs), authentication credentials, models, datasets, and related infrastructure against unauthorized access, misuse, or compromise.

15.8 Investigation of AI Abuse

Netwindy LLC reserves the right to investigate suspected misuse of Artificial Intelligence or automated systems that may threaten the security, integrity, availability, reputation, or lawful operation of the Services.

Customers agree to reasonably cooperate during any investigation involving suspected AI-related abuse.

15.9 Corrective Actions

If Netwindy LLC reasonably determines that Artificial Intelligence or automated systems are being used in violation of this Acceptable Use Policy, the Company may require corrective action, temporarily suspend affected Services, restrict automated access, disable integrations, preserve relevant records, or terminate Services where appropriate.

15.10 Reservation of Rights

Netwindy LLC reserves the right to implement reasonable technical controls, rate limits, authentication requirements, API protections, monitoring, and other safeguards designed to protect its infrastructure and Customers from abusive or malicious use of Artificial Intelligence and automated technologies.

Nothing contained in this Section limits Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), or applicable law.

16. Enforcement

16.1 Right to Enforce

Netwindy LLC reserves the right to investigate any actual, suspected, or alleged violation of this Acceptable Use Policy and to take any action reasonably necessary to protect its Customers, infrastructure, personnel, business operations, and third parties.

Enforcement actions may be taken with or without prior notice where permitted by applicable law.

16.2 Investigation

Netwindy LLC may investigate suspected violations using commercially reasonable operational procedures, system logs, monitoring systems, customer communications, abuse reports, third-party notifications, or other relevant information.

Customers agree to reasonably cooperate with investigations involving their accounts or Services.

16.3 Corrective Actions

Where Netwindy LLC reasonably determines that a violation has occurred, the Company may require the Customer to promptly correct the violation, remove offending content, secure compromised systems, update software, modify configurations, or take other remedial actions appropriate to the circumstances.

16.4 Suspension of Services

Netwindy LLC may temporarily suspend, isolate, restrict, or disable affected Services whenever reasonably necessary to:

  • Protect the security of Netwindy LLC’s infrastructure.
  • Prevent harm to other Customers.
  • Mitigate cybersecurity threats.
  • Comply with applicable law or legal process.
  • Prevent ongoing violations of this Acceptable Use Policy.

Where reasonably practical, Netwindy LLC may notify the Customer before or promptly after taking such action.

16.5 Termination of Services

Material, repeated, intentional, or egregious violations of this Acceptable Use Policy may result in immediate termination of some or all Services without further obligation to provide continued access.

Termination under this Section shall be in addition to any other rights or remedies available under the Master Services Agreement (MSA), Terms of Service (TOS), or applicable law.

16.6 Preservation of Evidence

Netwindy LLC may preserve system logs, audit records, security alerts, communications, hosted content, and other operational information reasonably necessary to investigate suspected violations, respond to legal process, support law enforcement investigations, protect the Services, or defend legal claims.

16.7 No Waiver

Failure by Netwindy LLC to investigate or enforce any provision of this Acceptable Use Policy shall not constitute a waiver of its right to enforce that provision or any other provision at a later time.

Enforcement decisions may vary depending upon the specific facts and circumstances of each incident.

16.8 Customer Liability

The Customer remains responsible for violations committed by its employees, contractors, consultants, agents, affiliates, guests, authorized users, or any individual accessing the Services through the Customer’s accounts or systems.

16.9 Cumulative Remedies

The enforcement actions described in this Acceptable Use Policy are cumulative and are in addition to any other contractual, legal, equitable, or statutory remedies available to Netwindy LLC.

Nothing contained in this Section limits Netwindy LLC’s right to seek injunctive relief, recover damages, pursue contractual remedies, or cooperate with law enforcement authorities.

16.10 Reservation of Rights

Netwindy LLC reserves the sole discretion to determine whether conduct violates this Acceptable Use Policy and to select the appropriate enforcement action based upon the nature of the violation, the operational risk presented, the impact upon Customers or third parties, and the Company’s contractual and legal obligations.

17. Reporting Violations

17.1 Reporting Suspected Violations

Netwindy LLC encourages Customers, partners, vendors, security researchers, and members of the public to promptly report any suspected violation of this Acceptable Use Policy involving Netwindy LLC’s Services.

Timely reporting assists Netwindy LLC in protecting its Customers, infrastructure, and the broader Internet community.

17.2 Reporting Methods

Suspected violations should be reported using one of Netwindy LLC’s authorized support or abuse reporting channels, including the Customer Portal, Billing Portal, designated support email address, abuse reporting email address, or other communication methods published by Netwindy LLC.

Netwindy LLC reserves the right to modify available reporting methods from time to time.

17.3 Information to Include

To assist in the investigation of a reported violation, reports should include, where reasonably available:

  • A description of the suspected violation.
  • Date and time of the incident.
  • Applicable time zone.
  • IP addresses or domain names involved.
  • Relevant email headers.
  • System logs.
  • Screenshots or supporting evidence.
  • Ticket numbers or other related reference information.

17.4 Investigation Process

Netwindy LLC will review reported violations using commercially reasonable procedures and may evaluate available logs, monitoring systems, customer communications, technical evidence, and information provided by third parties.

The scope and timing of any investigation shall be determined by Netwindy LLC based upon the nature and severity of the reported activity.

17.5 Customer Cooperation

Customers agree to reasonably cooperate with investigations involving their accounts, hosted content, applications, infrastructure, or Services.

Failure to cooperate may affect Netwindy LLC’s ability to investigate or resolve the reported issue.

17.6 Confidentiality

Netwindy LLC will use commercially reasonable efforts to treat reports of suspected violations in a confidential manner, subject to applicable law, legal process, contractual obligations, operational requirements, and the need to protect Customers, infrastructure, or third parties.

17.7 False or Malicious Reports

Customers shall not knowingly submit false, misleading, fraudulent, or malicious reports of Acceptable Use Policy violations.

Knowingly submitting false reports may itself constitute a violation of this Acceptable Use Policy.

17.8 No Obligation to Disclose

To protect the privacy of Customers, maintain the integrity of investigations, preserve security controls, and comply with applicable law, Netwindy LLC is not obligated to disclose the status, findings, evidence, or outcome of any investigation to the reporting party.

17.9 Response Actions

Following investigation, Netwindy LLC may take any action reasonably deemed appropriate, including issuing warnings, requiring corrective actions, restricting Services, suspending Services, terminating Services, preserving evidence, cooperating with law enforcement authorities, or pursuing any contractual or legal remedies available.

17.10 Reservation of Rights

Netwindy LLC reserves the right to determine the appropriate handling, investigation, prioritization, and resolution of all reported violations in its commercially reasonable discretion. Nothing contained in this Section limits Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), or applicable law.

18. Cooperation with Authorities

18.1 Compliance with Law

Netwindy LLC complies with all applicable laws, regulations, court orders, subpoenas, search warrants, and other lawful requests issued by governmental authorities having appropriate jurisdiction.

18.2 Cooperation with Investigations

Netwindy LLC reserves the right to cooperate with law enforcement agencies, regulatory authorities, courts, governmental organizations, cybersecurity organizations, and other authorized entities in the investigation of suspected criminal activity, cybersecurity incidents, fraud, abuse, or other violations of applicable law.

18.3 Preservation of Information

Where reasonably necessary or required by law, Netwindy LLC may preserve system logs, audit records, communications, hosted content, customer information, technical evidence, and other operational records for investigative, legal, regulatory, or security purposes.

18.4 Emergency Actions

Where Netwindy LLC reasonably believes that immediate action is necessary to protect life, safety, property, critical infrastructure, or the security of its Services, the Company may take appropriate protective measures without prior notice, including restricting or suspending Services, preserving evidence, or cooperating with appropriate authorities.

18.5 Customer Cooperation

Customers agree to reasonably cooperate with lawful investigations involving their accounts, hosted content, systems, applications, or Services when such cooperation is required under applicable law or the governing agreements.

18.6 Confidentiality

Netwindy LLC will use commercially reasonable efforts to protect Customer information during investigations while complying with applicable legal obligations and preserving the integrity of investigative activities.

18.7 No Duty to Notify

Where prohibited by law, legal process, court order, or governmental directive, Netwindy LLC shall have no obligation to notify the Customer that information has been requested, preserved, or disclosed.

18.8 Limitation of Liability

Netwindy LLC shall not be liable for any disclosure, preservation, suspension of Services, or other action taken in good-faith compliance with applicable law, legal process, or governmental request.

18.9 Reservation of Rights

Nothing contained in this Section limits Netwindy LLC’s right to protect its Customers, infrastructure, personnel, intellectual property, or business operations using any remedies available under applicable law or the governing agreements.

19. Monitoring and Privacy

19.1 Operational Monitoring

Netwindy LLC utilizes monitoring systems to maintain the security, availability, performance, integrity, capacity, and reliability of its Services. Monitoring activities are intended to support the operation and protection of the Company’s infrastructure and Customers.

19.2 No Routine Content Monitoring

Netwindy LLC does not routinely monitor, review, inspect, or evaluate Customer content, communications, applications, websites, databases, or other hosted information except as reasonably necessary to provide the Services, investigate suspected violations, respond to legal obligations, protect system security, or enforce this Acceptable Use Policy and other governing agreements.

19.3 Security Monitoring

Netwindy LLC may monitor network traffic, authentication events, system health, resource utilization, security alerts, operational metrics, and other technical information necessary to identify cybersecurity threats, abuse, service disruptions, or operational issues.

19.4 Abuse Detection

Netwindy LLC reserves the right to investigate suspected abuse, malware activity, phishing, spam, unauthorized access, denial-of-service attacks, excessive resource utilization, or other conduct that may threaten the Company’s infrastructure or Customers.

19.5 No Guarantee of Detection

Monitoring technologies cannot detect every security event, software defect, operational issue, or policy violation. Customers remain responsible for maintaining appropriate security controls and promptly reporting suspected incidents.

19.6 Customer Privacy

Netwindy LLC will use commercially reasonable efforts to protect Customer information and will access Customer data only as reasonably necessary to provide Services, perform support, investigate incidents, comply with legal obligations, or enforce applicable agreements.

19.7 Customer Responsibility

Nothing contained in this Section transfers responsibility for Customer systems, applications, data, or security to Netwindy LLC except as expressly provided within the applicable Service Agreement.

19.8 Preservation of Records

Netwindy LLC may retain logs, audit records, security events, monitoring information, and operational records for commercially reasonable periods to support troubleshooting, security investigations, compliance obligations, and business operations.

19.9 Privacy Compliance

Monitoring activities performed by Netwindy LLC shall be conducted in accordance with applicable law, contractual obligations, and the Company’s Privacy Policy, where applicable.

19.10 Reservation of Rights

Netwindy LLC reserves the right to expand, modify, or enhance its monitoring technologies, security controls, and operational procedures as reasonably necessary to protect its Services, Customers, and infrastructure.

20. Revisions to this Acceptable Use Policy

20.1 Right to Modify

Netwindy LLC reserves the right to revise, amend, modify, supplement, or replace this Acceptable Use Policy (“AUP”) at any time to reflect changes in technology, cybersecurity threats, legal requirements, business operations, industry standards, or the Services offered by Netwindy LLC.

20.2 Notice of Changes

Updated versions of this AUP will be published through the Netwindy LLC website, Customer Portal, Billing Portal, or other commercially reasonable communication methods.

The most current version shall supersede all prior versions as of its published effective date unless otherwise expressly stated.

20.3 Continued Use

The Customer’s continued purchase, renewal, payment for, access to, or use of the Services following the effective date of a revised AUP constitutes acceptance of the revised terms to the extent permitted by applicable law.

20.4 Relationship to Other Agreements

This Acceptable Use Policy shall be read together with the applicable Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), Statement of Work (SOW), Proposal, Quote, Service Order, Privacy Policy, and any other governing agreements.

In the event of a conflict between this AUP and the Master Services Agreement, the Master Services Agreement shall control unless otherwise expressly provided in writing.

20.5 No Waiver

The failure of Netwindy LLC to enforce any provision of this AUP shall not constitute a waiver of that provision or any other provision.

No waiver shall be effective unless made in writing by an authorized representative of Netwindy LLC.

20.6 Severability

If any provision of this AUP is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

The invalid provision shall be interpreted or modified only to the extent necessary to preserve the original intent of the parties while complying with applicable law.

20.7 Survival

Any provisions of this AUP that by their nature should survive the expiration or termination of the applicable Service Agreement, including enforcement rights, investigations, confidentiality obligations, intellectual property protections, limitations of liability, preservation of records, and accrued rights or obligations, shall survive such expiration or termination.

20.8 Entire Acceptable Use Policy

This Acceptable Use Policy constitutes the complete statement of Netwindy LLC’s acceptable use requirements governing the Services covered herein.

No oral statements, marketing materials, proposals, demonstrations, or representations shall modify this AUP unless expressly incorporated into a written agreement executed by Netwindy LLC.

20.9 Reservation of Rights

Nothing contained in this AUP shall be interpreted to limit Netwindy LLC’s rights under the Master Services Agreement (MSA), Terms of Service (TOS), Service Level Agreement (SLA), applicable law, or any other governing agreement.

All rights not expressly granted herein are reserved by Netwindy LLC.

20.10 Effective Date

This Acceptable Use Policy becomes effective upon the Customer’s purchase, payment, acceptance, access to, or continued use of any Service provided by Netwindy LLC and shall remain in effect until superseded by a revised version published by Netwindy LLC or until the applicable Service Agreement is terminated.