Last Amendment Date: November 25th, 2014
1. General Information.
This Acceptable Use Policy (the “AUP”) governs each user’s (“you” , “your” or “Customer”) use of all Hosting Services offered by Lambda Solutions Inc. (“Lambda”), as well as all websites operated by Lambda (the “Sites”). This AUP applies to you and your employees, agents, contractors, or other users who obtain Hosting Services from Lambda (each such person or entity being a “User”). BY USING THE HOSTING SERVICES AND/OR ACCESSING THE SITES, 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 UPON FORMATION OF THE HOSTING SERVICES TERMS AND CONDITIONS CONTRACT.
2. Prohibited Use.
Lambda’s Hosting Services may only be used for lawful purposes. Users may not use Lambda’s Hosting Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Utilizing the Hosting Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or Hosting Services provided by Lambda 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, including, without limitation, the U.S. CAN-SPAM Act of 2003.
- Utilizing the Hosting Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
- Utilizing the Hosting 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 similar acceptable use policy violations.
- Using Internet Relay Chat (“IRC”) on the Company network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
- Utilizing the Hosting Services in connection with any illegal activity. Without limiting the general application of this provision, Users may not: utilize the Hosting Services to:
- Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party;
- Traffic in illegal drugs, illegal gambling, obscene materials or any other products or Hosting Services that are prohibited under applicable law;
- Export encryption software to points outside the United States in violation of applicable export control laws; or
- Violate any applicable state, federal and international law.
- Utilizing the Hosting Services in connection with any tortious or actionable activity. Without limiting the general application of this provision, Users may not utilize the Hosting 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; or
- Threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or Hosting Services that are illegal under applicable law.
- Utilizing the Hosting Services in connection with any other disruptive or abusive activity. Without limiting the general application of this provision, Users may not utilize the Hosting Services to:
- Cause denial of Hosting Service attacks against Lambda or other network hosts or Internet users or to otherwise degrade or impair the operation of Lambda’s servers and facilities or the servers and facilities of other network hosts or Internet users;
- Offer mail Hosting Services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account;
- Resell access to CGI scripts installed on Lambda’s servers;
- Subvert, or assist others in subverting, the security or integrity of any Lambda systems, facilities or equipment;
- Gain unauthorized access to the computer networks of Lambda or any other person;
- 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;
- Do any of the following: (a) forge the signature or other identifying mark or code of any other person, (b) impersonate or assume the identity or any other person and (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);
- Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt Hosting Services, destroy data, destroy or damage equipment, or disrupt the operation of the Hosting Services;
- Conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
- Distribute, advertise or promote software or Hosting Services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- 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;
- Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
- In any manner that might subject Lambda to unfavorable regulatory action, subject Lambda to any liability for any reason, or adversely affect Lambda’s public image, reputation or goodwill, including, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials; or
- In any other manner to interrupt or interfere with the Internet usage of other persons.
3. Reporting Violations.
Lambda encourages Users to report violations of the AUP by e-mail to: _________________, 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.
- Violations. If Lambda learns of a violation of the AUP, then Lambda may take any of the following actions, in accordance with the severity and duration of the violation:
- Warning the User;
- Removing the offending content;
- Suspending the offending User from the Hosting Services;
- Terminating the offending User from the Hosting Services;
- Imposing fees or charges on the offending account in accordance with the applicable Hosting Service contract; or
- Taking other action in accordance with this AUP, the applicable Hosting Service contract, or applicable law.
- Enforcement Actions. Lambda will provide you with at least 48 hours notice (by email or otherwise) of any proposed suspension, restriction, limitation, modification, or termination of the Hosting Services or any functionality related to the Hosting Services based on an alleged violation of this AUP, the applicable Hosting Service contract, or any other reason; provided, however, if (i) your violation of this AUP immediately threatens the security of or damages to Lambda’s network, information, data, software, hardware, or facilities or (ii) such suspension, restriction, limitation, modification, or termination is at the request of law enforcement or required by the appropriate legal authorities, then Lambda will give you as much notice as is reasonably practicable under the circumstances. To the extent that any element or functionality of the Hosting Services, including, without limitation, a particular account or “server,” is suspended, restricted, limited, modified, or terminated, Lambda will use commercially reasonable efforts to minimize the effects against any other component or functionality of the Hosting Services.
- Cooperation with Law Enforcement. Lambda reserves the right to involve and cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving Lambda’s Hosting Services or any Users thereof and to respond to any violations of this AUP to the extent permitted under applicable law. You agree that Lambda is authorized to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions, and to otherwise enforce the terms of this AUP. You further agree that Lambda may disclose any and all of your information including, without limitation, assigned IP numbers, account history, and account use to any law enforcement agent who makes a written request, without further consent or notification to you.