Acceptable Use Policy

This Acceptable Use Policy contains the complete terms and conditions between Penguin Computing, Inc. ("We" or "Penguin") and you regarding your use of the Penguin Computing on Demand (the "POD") products and services. You have entered into a separate agreement with us (the "POD Customer Agreement") pursuant to which you may have access to POD. By using POD, you agree to be bound by this Acceptable Use Policy in addition to the terms of the POD Customer Agreement. Any terms not defined herein shall have the meanings ascribed to them in the POD Customer Agreement.

PROHIBITED ACTIVITIES

Your use of POD and your Customer Content must not include or engage in any of the following:

  • Constitute, promote, facilitate, or permit gambling.
  • Include, promote or facilitate child pornography or other illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, harassing or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Engage in deceptive practices such as posing as another service for the purposes of phishing or pharming.
  • Distribute, share, or facilitate the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or any malicious or harmful code.
  • Violate, misappropriate, or infringe the rights of any third party.
  • Constitute or facilitate the illegal export of any controlled or otherwise restricted items, including without limitation, software, algorithms, or other data that is subject to export laws.
  • Compromise the security of or tamper with system resources or accounts on POD or other systems by distributing tools designed to compromise security (viruses, password guessing programs, cracking tools, network probing tools, etc.)

Penguin reserves the right to investigate suspected violations of this Acceptable Use Policy. When Penguin becomes aware of a possible violation, Penguin may initiate an investigation and gather information from you and any complaining parties.

NETWORK CONNECTIONS

You may make network connections from POD to servers hosted by yourself or a third party only with the permission and authorization of the destination hosts or networks. You may not make any external network connections for the following purposes:

  • Unauthorized probes and port scans for vulnerabilities.
  • Unauthorized penetration tests or traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any systems.
  • Web crawling.
  • Unauthorized network monitoring or packet capture.
  • Create forged or non-standard protocol headers, such as altering source addresses, etc.
  • Flooding.
  • Denial of Service (DoS) of any kind.
 

In addition, you may not operate network services related to POD that include any of the following:

  • Open proxies.
  • Open mail relays.
  • Open and recursive domain name servers.