Pico ("Pico," “us” or “we”) has adopted this Acceptable Use Policy (this "Policy") to define the permissible scope of activities relating to the use of Pico's network and internet services (the "Services") by customers of Pico ("Customers") and by users that have gained access to the Services through Customer accounts ("Users"). By using the Services, you acknowledge that you and your Users are responsible for compliance with this Policy. Accordingly, you are responsible for violations of this Policy by any User that accesses the Services through your account. Although Pico does not intend to control or monitor any User's online experience or the content of its online communications, Pico reserves the right to edit or remove content that violates (or may violate) this Policy or that otherwise appears to be unlawful, harmful or offensive. This Policy applies to all aspects of the Services. For purposes of this Policy, Pico includes Pico Quantitative Trading LLC and all of its affiliates (including direct and indirect subsidiaries and sister companies). "PicoNet" includes, without limitation, Pico's constructed or leased transmission network, including all equipment, systems, facilities, services and products incorporated or used in such transmission network. As used in this Policy, "you" refers to Customers, and any reference to "Users" is intended to encompass, as applicable, both Customers and their Users. This Policy is designed to assist in protecting PicoNet, the Services, Users and the Internet community as a whole from improper and illegal activity over the Internet, to improve Services and to improve Services offerings. In situations where data communications are carried across networks of Internet Service Providers (ISPs), Users of PicoNet must also conform to the applicable acceptable use policies of such other ISPs, as applicable.
Pico's Services must at all times be used in compliance with all applicable laws and regulations. Accordingly, Pico strictly prohibits the use of Services for the transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of PicoNet. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A User may not use the Services to monitor any data, information or communications on any network or system without appropriate authorization.
Unsolicited Commercial Email/Spamming/Mailbombing
Pico's Services may not be used to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. In addition, Pico prohibits the use of the Services for any "spamming" or "mailbombing" activities. Use of the service of another provider to send unsolicited commercial email, spam or mailbombs, to promote a site hosted on or connected to Pico Net, is similarly prohibited. Likewise, a User may not use the Services to collect responses from mass unsolicited e-mail messages. Pico may in its sole discretion rely upon information obtained from anti-spamming organizations (including, for example and without limitation, spamhaus.org, spamcop.net, sorbs.net, and abuse.net) as evidence that a User is an active "spam operation" for purposes of taking remedial action under this Policy.
Pico prohibits Users from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection with use of the Service is also prohibited.
Any and all use of PicoNet and the Services will be for legitimate business purposes only and in accordance with the specifications as outlined within the services agreements as contracted by Pico and Customer. The use of PicoNet and general Internet services for personal or non-contracted services is strictly prohibited, unless explicitly authorized in writing by Pico.
Miscellaneous Prohibited Activities
Pico also prohibits Customers and Users from using PicoNet for any of the following activities:
The prohibited activities set forth above are not an exhaustive list and Pico reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this Policy or otherwise may be harmful to Pico-Net, its Customers, or Internet users.
Suspension or Termination of Services
Pico reserves the right to suspend and/or terminate a Customer's Services and/or a User's access to the Services in the event that a User engages in conduct which Pico, in its sole discretion, determines is in violation of this Policy or is otherwise illegal or improper. Pico generally will attempt to notify you of any activity which it deems to be in violation of this Policy and will request that you promptly take such steps as are necessary to stop such activity; however, in cases where the operation of Pico-Net is threatened or cases involving unsolicited commercial email/SPAM, a pattern of violations, mail relaying, alteration of source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of the Services, harassment or copyright infringement, Pico reserves the right to suspend or terminate the Services and/or User access to the Services without notification. In addition, Pico may take any other appropriate action against you or a User for any violation of this Policy.
Provisions of the Digital Millennium Copyright Act
Pico does not have any liability to any party, including you, for any violation of this Policy.
Cooperation with Investigations
Pico will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity on Pico-Net. Pico reserves the right to disclose Customer and/or User information to the extent authorized or required by applicable law or regulation. In those instances, involving child pornography, Pico complies with all applicable laws and regulation including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
Filters and Service Information. Pico reserves the right to install and use, or to have you install and use, any appropriate devices to prevent violations of this Policy, including devices designed to filter or terminate access to the Services. By accepting and using the Services, you consent to allowing us to collect service information and routing information in the normal course of our business, and to use such information for general business purposes.
Modifications to Policy
Pico reserves the right to modify this Policy at any time with or without notice. We will attempt to notify Customers of any such modifications either via e-mail or by posting a revised version of the Policy on our Web site. Any such modifications will be effective and applied prospectively from the date of posting.
Notice of Network Security Issues
Customers and Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. You to notify Pico immediately of any unauthorized use of your account or any other breach of security known to you. If you become aware of any violation of this Policy by any person, including Users that have accessed the Service through your account, you are required to notify us. In addition, all Customers and Users of Pico-Net are responsible for notifying Pico immediately if they become aware of any other event that may negatively affect Pico-Net, including but not limited to, any threatened "denial of service" attack, unauthorized access, or other security events.
Unless contracted otherwise, all Customers of Pico-Net are responsible for configuring their own systems to provide the maximum possible accountability. Pico will not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Pico. For example, Customers should ensure there are clear "path" lines in destinations so that the originator may be identified.
Customers and Users of Pico-Net
Customers and users are responsible for educating themselves and configuring their systems with reasonable security controls, processes and procedures. Should systems at a Customer's or User’s site be violated, the Customer is responsible for reporting the violation to Pico and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the Customer is responsible for re-configuring the system to stop the abuse.
In most cases, we will notify Customers of complaints we receive regarding an alleged violation of this Policy by such Customers. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this Policy. We may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications.
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Pico makes no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."
The use of PicoNet and the Services by a Customer of Pico is also subject to the terms and conditions of any agreements entered into by such Customer and Pico with respect to the Services. This Policy is incorporated into such agreements by reference.
Any complaints, questions, or comments regarding this Policy, prohibited use or other abuse of PicoNet, should be sent to [email protected] Please include all applicable information that will assist Pico in investigating the complaint, including all applicable headers of forwarded messages. Sites experiencing live attacks from Pico Customers should call 312-471-8200 to submit a complaint as quickly as possible. Please state the urgency of the situation should you need immediate attention.