Acceptable Use Policy (AUP)
This Acceptable Use Policy (the "AUP") governs your use of all hosting services (collectively, the "Services") offered by Vendor, but does not include any 3rd Party Cloud Service Providers as may be further described in any written proposal submitted by Vendor to you or any service order forms submitted by you and accepted by Vendor (collectively, the "Service Order Form"). This AUP applies to you and your employees, agents, contractors, or other users who obtain Services from Vendor (each such person or entity being a "User"). BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.
Client agrees to use Services only for lawful purposes, in conjunction with all applicable law. Specific activities that are prohibited include, but are not limited to:
Users may not use Vendor infrastructure for the following:
1) Utilize the Services to send mass unsolicited e-mail to third parties.
a) Provided, however, that Users may use software programs or services provided by Vendor to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable state, federal and international regulations, rules and laws;
b) Utilize the Services to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE);
c) Utilize the Services in such a way that User becomes documented on a recognized SPAM abuse list or if the User has previously been denied access from another provider due to acceptable use policy violations;
2) Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
a) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
b) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
c) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
d) Utilize the Services to export encryption software to points outside the United States or Canada in violation of applicable export control laws; or
e) Utilize the Services in any manner that violates applicable state, federal and international law.
3) Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
a) Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person;
b) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law;
4) Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
a) Utilize the Services to cause denial of service attacks against Vendor or other network hosts or internet users or to otherwise degrade or impair the operation of Vendor's servers and facilities or the servers and facilities of other network hosts or internet users;
b) Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account;
c) Utilize the Services to resell access to CGI scripts installed on Vendor's servers;
d) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Vendor systems, facilities or equipment;
e) Utilize the Services to gain unauthorized access to the computer networks of Vendor or any other person;
f) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
g) Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or internet nicknames);
h) Utilize the Services to distribute or post any virus, worm, trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
i) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
j) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
k) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
l) Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
m) Utilize the Services in any manner that might subject Vendor to unfavorable regulatory action, subject Vendor to any liability for any reason, or adversely affect Vendor's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Vendor in its sole discretion; or
n) Utilize the Services in any other manner to interrupt or interfere with the internet usage of other persons.
Disclaimer and Assumption of Risk. Notwithstanding this Policy, Users of the internet (including the Services) make such use at their own risk, acknowledging that there are known and unanticipated risks associated with internet use, some of which could result in physical, emotional or psychological injury or even death, or damage to individuals, to property, or to third parties. Such risks cannot be eliminated without jeopardizing the essential qualities of use of the internet. These risks include, among other things: credit card theft, identity theft, fraud, solicitation, stalking, invasion of privacy, unwanted receipt of offensive or obscene material, trespass to chattels or denial of service attacks. Vendor expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. Vendor has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any web site. Users voluntarily engage in the activity of internet use and bear the risks associated with that activity.
Reporting Non-Copyright Violations. Vendor encourages Users to report violations of this policy by e-mail to: email@example.com, including in any such report the name of the offending domain (for example, xyz.com), the IP address and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
Reporting Copyright Violations. Vendor complies with the Canadian Copyright Act ("CCA"). LEXCOM encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the CCA to:
Attention: Bryan Janz
Lexcom Systems Group
110 N College Avenue
Tyler, TX 75703
For your complaint to be valid, you must provide the following information when providing notice of the claimed copyright infringement:
Vendor has the right to suspend or terminate any Client pursuant to any valid CCA complaint. Furthermore, Vendor, in its sole discretion, may suspend or terminate, without notice, any User that Vendor determines is a repeat copyright infringer.
Remedies. If Vendor learns of a violation of this Policy, Vendor will respond to the applicable Client and may, in Vendor's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
1) Warning the Client;
2) Suspending the offending Client from the Services;
3) Terminating the offending Client from the Services;
4) Imposing fees or charges on the offending Client account in accordance with the applicable service contract;
5) Removing the offending content; and
6) Taking other action in accordance with this Policy, the applicable service contract or applicable law.
Reservation of Rights. Vendor reserves the right to involve and cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Vendor's Services, Clients and other Users. Vendor reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Vendor may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Client agrees that Vendor is authorized to monitor its communications through Vendor 's network for such purposes.
Indemnification. User(s) will indemnify, defend, and hold harmless Vendor, its affiliates, subsidiaries, officers, agents and employees from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User's use of the Services and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.