Definitions:
- Service Provider = liftDEMAND and/or its Parent Company
- Owner, User, You, Your = You, The paying Customer.
This Acceptable Use Policy (the “Policy” or “AUP”) is an integral part of your agreement with Service Provider for the provision of services (collectively the “Services”) set forth on the Service and Pricing Order Form.
This Policy is designed to help protect Service Provider’s customers from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by Service Provider and Service Provider reserves the right to modify the Policy at any time, effective upon notice to you. Service Provider reserves the sole and absolute right to interpret, apply, define and implement this Policy.
Illegal Use
Any use of Service Provider Services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Service Provider’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Offensive Content
You may not use any Service Provider Service to distribute content or links to content that Service Provider reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Infringes on another person’s copyright, trade or service mark, patent or other property right;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Service Provider;
- Is otherwise malicious or fraudulent, or may result in retaliation against Service Provider by offended recipients; or
- Is intended to harass or threaten.
Child Pornography
Service Provider has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Service Provider’s AUP.
Denial of Service
Service Provider absolutely prohibits the use of services or network services for the origination or control of denial of service (“DOS”) attacks or distributed denial of service (“DDOS”) attacks. Any relation to DOS or DDOS type activity is a direct violation of Service Provider’s AUP.
Server Abuse
Any attempts to undermine or cause harm to a Service Provider server or subscriber of Service Provider is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of
- damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Service Provider’s systems;
- Interfering with, intercepting or expropriating any system, data or information to which you do not have the right to access; and
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
IRC
We do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies
We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Game Servers
We do not allow game servers (dedicated game server programs) of any kind.
Fraudulent Activities
Service Provider prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Service Provider’s AUP.
Distribution of Malware
Service Provider prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity; provided, however, programs used in the normal ordinary course of business are deemed acceptable. As an example, a security company hosting at Service Provider analyzes the latest root kit for new security analysis/software.
Phishing
Service Provider strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
HYIP or Ponzi Schemes
High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Vulnerability Monitoring and Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Service Provider system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without Service Provider’s express written consent.
IP Address Usage
You may only use IP addresses assigned to you by Service Provider in connection with your Service Provider Services.
Bulk Mail
You may use Service Provider Service to send Bulk Mail if Mail is transmitted through a 3rd party sending service such as SendGrid. The use of Service Providers servers for transmission of messages is strictly prohibited. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the Service Provider system is not considered Bulk Mail.
Unsolicited Mail
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. Any such email shall comply with all laws and regulations, including without limitation, the CAN SPAM Act.
Message Source
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
Email Abuse Complaints
Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. Service Provider shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
Blacklisting/Retaliation
Service Provider may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or Service Provider is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.
UseNet SPAM
The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Service Provider’s AUP. This includes UseNet services located within the Service Provider network or unrelated third party networks.
Service Provider Administrative Access
You, the customer, acknowledges that to facilitate efficient server management, inventory and related activities, the Service Provider servers may include a Service Provider administrative account and password and/or a Service Provider daemon. All reasonable precautions are made by Service Provider to maintain the security of these tools and the privacy of client data. You will not tamper, hinder, delete or in anyway change the functioning of these tools.
Resellers: If you resell, rent or otherwise allow third parties to use any Service Provider Services, you are responsible for use of the Services by such third parties in violation of this AUP to the same extent as if you were using Service Provider Services yourself. You are also responsible for all accounting and support for your end customers.
Disclosure to Law Enforcement
Occasionally, Service Provider is required by law to submit customer information to law enforcement officials when presented with a valid subpoena or order from a court or governmental entity. Information requested is disclosed as directed pursuant to the subpoena or order. Service Provider utilizes great care in keeping customer information safe and private and will only release information described in the subpoena order. Service Provider will notify customer of the information request to the extent permitted by the subpoena or order.
Reporting Violation of the Acceptable Use Policy
Service Provider accepts reports of alleged violations of this AUP via email.
Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Service Provider owes no duty to third parties reporting alleged violations; provided, however, Service Provider will use commercially reasonable efforts to review all verified third party reports and will take appropriate actions as described within the resolution process as set forth in Table A below.
Resolution Process for Violations of Service Provider’s Acceptable Use Policy
The ultimate goal of this AUP by Service Provider is to balance the rights of our customers while ensuring full compliance of this AUP. The goal of our Resolution Process is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staff is dedicated to working with the customer in resolving potential violations, and are available via phone or email. The resolution process below provides the process for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Service Provider is dedicated to working with the customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP:
A ticket will be generated under Service Provider to obtain the customer’s master user account with information regarding the potential violation of Service Provider’s AUP. This is often a fact-finding email requiring further information or notifying customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP:
A ticket is generated under the customer’s master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time:
Service Provider engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.
Step 4: Failure to address violation and resolve violation:
If customer fails to address the violation AND resolve the violation, a suspension of services may occur in Service Provider’s sole discretion. This is a last resort for Service Provider and only results when the customer completely fails to participate in Service Provider’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of customer’s data.
Disclaimer: Service Provider retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Service Provider also retains the right to discontinue service to customers with excessive and/or multiple repeated violations.
