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Acceptable Use Policy

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EXHIBIT B: Acceptable Use Policy

To protect the interests of MacStadium’s customers and ensure optimal Service Levels, MacStadium has developed this AUP, which applies to you and your Users of MacStadium’s Services. Use of any Services offered by MacStadium will constitute acknowledgment of and agreement to the terms outlined in this AUP. This AUP may be revised at any time at MacStadium’s discretion. Your continued use of MacStadium’s Services after such revisions will constitute your acceptance.

1. PROHIBITED ACTIONS. Customers may only use our servers and the Services for lawful purposes, in compliance with all applicable laws or regulations and in compliance with this AUP. In addition to the restrictions described in section 2.4 of the Agreement, activities that are specifically prohibited include, but are not limited to:

  • Removing or modifying any program markings or any notice of MacStadium or its licensors’ proprietary rights (except when providing a SaaS offering to your Users).
  • Making the Services, or any materials relating thereto, available in any manner to any third party for use in the third party’s business operations other than as otherwise expressly agreed upon between the Parties.
  • Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services.
  • Access or use the Services in order to build or support, or assist a third party in building or supporting, products, or services competitive to the Services in this Agreement.
  • License, sell, rent, lease, transfer, assign, distribute, display, host, disclose, permit timesharing, or otherwise commercially exploit or make the Services, or related materials, available to any third party other than as part of a SaaS offering to your Users or as expressly permitted under the terms of this Agreement.
  • Except as expressly provided herein, copy, reproduce, distribute, download, display, post or transmit any portion of the Services, in any form or by any means.
  • Any attempt to gain unauthorized access to the Services or related systems or networks.
  • Intentionally providing untruthful information regarding Customer’s identity as requested on any documentation required by MacStadium.
  • Misrepresenting or fraudulently representing any products or services.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Abusing or harassing MacStadium employees, staff or agents, including without limitation, verbal harassment, yelling, swearing, rudeness, threats or any intentionally disruptive behavior.
  • Managing a proxy server on MacStadium’s network
  • Being subject to economic sanctions, prohibitions or restrictions on trade or export imposed by any governmental authority having jurisdiction over Customer or MacStadium, or in any jurisdiction where MacStadium or any of its affiliates are located, and regardless of whether the Services provided to Customer would violate such economic sanctions, prohibitions or restrictions.
  • Interfering with the legitimate use by other customers or other third parties of resources on the MacStadium network or any of MacStadium’s Services.
  • Storage, transmittal or use of any malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs.
  • Mine bitcoins and other cryptocurrencies.
  • Use the Services in any manner that would disparage MacStadium in any way.

2. SPAM AND UNSOLICITED COMMERCIAL E-MAIL. The Customer must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial e-mail. MacStadium takes a zero-tolerance approach to the sending of mass Unsolicited Commercial E-mail (“UCE”) or spam over our network. UCE is any message where the primary purpose is commercial advertisement or promotion of a commercial product or service, which is sent to a recipient who has not requested it or opted out of such communication. In order to prevent unnecessary blacklisting due to spam, we reserve the right to occasionally sample bulk e-mail being sent from servers. The following activities are strictly prohibited:

  • General Prohibitions. a) Using the MacStadium network to send or receive replies from UCE, hosting sites or information that is advertised by UCE from other networks, b) transmitting bulk e-mail through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers, c) forging e-mail headers (i.e., ‘spoofing’), d) spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation, and e) or hosting any web pages or providing any services that support spam.
  • Landing Sites. The hosting of any web site or other content in any form intended to be intentionally or unintentionally retrieved or viewed by any recipient of any unsolicited email sent in violation of the terms defined in this AUP, whether sent from our network or any other network.
  • Newsgroup Spamming. The posting of commercial messages to any newsgroup or discussion forum not chartered or organized for that specific purpose.

3. U.S. DIGITAL MILLENNIUM COPYRIGHT ACT OR SIMILAR STATUTORY OBLIGATIONS. To the extent a Customer uses the Services for hosting, advertising, sending electronic messages or for the creation and hosting of, or for posting material on, websites. Each Customer must a) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”), b) set up a process to expeditiously respond to notices of alleged infringement thatccomply with the DMCA and to implement a DMCA-compliant repeat infringers policy, and c) comply with such processes and policy(ies). In appropriate circumstances, MacStadium will terminate the accounts of Customers who MacStadium suspects to be repeatedly or blatantly infringing copyrights. If MacStadium receives a notice alleging that Users are infringing another Party’s intellectual property, MacStadium may disable that Customer’s access to the Service or remove the alleged infringing material. If MacStadium receives more than one such notice for the same customer, MacStadium reserves the right to immediately terminate such Customer’s Subscriptions to the Services as deemed necessary by MacStadium to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.

4. SYSTEM AND NETWORK SECURITY. The Customer is required to protect the security of its internet accounts (e.g. ftp, e-mail, etc.) and usage to ensure the security of the MacStadium network and every MacStadium network object, including without limitation, routers, switches and workstations. Further, the Customer is responsible for validating the integrity of the information and data it receives or transmits over the internet and reporting any weaknesses in the MacStadium network and any incidents of possible misuse or violation of this AUP. To ensure the integrity of our network, the following activities are strictly prohibited:

  • General Prohibitions. a) Using or distributing tools designed to compromise security, b) unauthorized monitoring of data or traffic on the MacStadium network or any other network without express authorization, deliberate attempts to overload the MacStadium network and broadcast attacks, and c) forging of any TCP-IP packet header or any part of the header information in an e-mail or intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Denial of Service Attacks. The launching or facilitating the launch of a denial of service (“DoS”) attack on any host or computer on the MacStadium network for any reason whatsoever, or the use of any MacStadium network resource to interfere with the legitimate use by Customers or other authorized Users of resources of the MacStadium network or any other network. This includes the hosting of a Camfrog server or other server application that is a frequent target of DoS attacks or other types of attacks.
  • Port Scanning. The scanning of the service ports of any host or computer on the MacStadium network or any other network, or the sniffing of packet traffic on the MacStadium network. The placing of any network interface into promiscuous mode is similarly prohibited.
  • Unauthorized Access. Any unauthorized access to or unauthorized alteration of the files or operating system or other content of any host or network, any unauthorized attempt to obtain login credentials, such as username and/or password, of any host on the MacStadium network or any other network or any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
  • IRC Networks. The hosting of an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that Customer agrees to completely remove any and all traces of the IRC server and agree to let us have access to Customer’s server to confirm that the content has been completely removed.

5. IP ALLOCATIONS. All IP addresses which are assigned to Customer must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Customer are not being used in accordance with these guidelines, they may be revoked.

6. IMMEDIATE THREATS. If, in the reasonable determination of MacStadium, the equipment, software or hosted applications used by the Customer or the activities of the Customer poses an immediate threat to the physical integrity of MacStadium premises or the physical integrity or performance of the equipment or network of MacStadium or any other user of the premises, or poses an immediate threat to the safety of any person, then MacStadium may perform such work and take such other actions deemed necessary without prior notice to the Customer and without liability for damage to the equipment or data for any interruption of the Customer's (or its Customers') businesses. As soon as practical after performing such work, MacStadium will advise, by email, the Customer of the work performed or the action taken.

7. MONITORING. To determine compliance with this Agreement, MacStadium reserves the right to monitor Customer usage of the MacStadium network. Customer hereby consents to such monitoring and agrees that MacStadium is under no duty to monitor Customer use of MacStadium Services. For clarity, MacStadium will not have access to view any customer data as a part of any monitoring under this section.

8. CUSTOMER’S RESPONSIBILITY FOR ITS USERS. Any act or omission by a User will be a breach of this AUP if the act or omission committed by the User would be a breach of this AUP if committed by Customer.

9. VIOLATION. MacStadium may initiate an immediate investigation to substantiate the alleged violation. During the investigation, MacStadium may restrict Customer access to the network to prevent further violations. Any Customer violation of this AUP is left entirely to the reasonable discretion of MacStadium management. If a Customer is found to be in violation of this AUP, MacStadium may, at its sole and reasonable discretion, restrict, suspend or terminate such Customer's account. MacStadium has no obligation to provide warnings under any circumstances and can terminate the Customer’s account without prior notification upon a finding that the Customer has violated this AUP. Further, MacStadium may pursue civil remedies for any costs associated with the investigation of a substantiated AUP violation. MacStadium will notify law enforcement officials if
the violation is believed to be a criminal offense and will cooperate fully with law enforcement authorities in investigating the alleged criminal offense.

Last Updated: September 24, 2021

Updated over 2 years ago