This AUP is incorporated by reference in your hosting agreement with Wakefly and your services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.
Abuse
You may not use Wakefly’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
- Any conduct that is likely to result in retaliation against the network or website, or Wakefly’s employees, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Bulk or Commercial Email
You must obtain Wakefly’s advance approval for any bulk email, which will not be given unless you are able to demonstrate the ability to comply to all of the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. Wakefly may test and otherwise monitor your compliance with its requirements, and may block the transmission of email that violates these provisions.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Wakefly system or network or to breach Wakefly’s security or authentication measures, whether by passive or intrusive techniques, without Wakefly’s express written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
Offensive Content
You may not publish or transmit via Wakefly’s network and equipment any content or links to any content that Wakefly reasonably believes:
- Constitutes, fosters, or promotes child pornography or bestiality;
- 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 Wakefly; or
- is otherwise malicious, fraudulent, or may result in retaliation against Wakefly by offended viewers.
Content “published or transmitted” via Wakefly’s network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
Copyrighted Material
You may not use Wakefly’s network to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Wakefly may terminate the service of copyright infringers.
Other
- You must have valid and current information on file with your domain name registrar for any domain hosted on the network.
- You may only use IP addresses assigned to you by Wakefly in connection with your Wakefly services.
- You agree that if the Wakefly IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of this AUP, and Wakefly may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
Consequences of Violation of AUP
Wakefly may charge you its hourly rate for AUP breach recovery (currently $250.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Wakefly or any of its customers by the violation of this AUP, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have Wakefly’s Internet Protocol numbers removed from any abuse database. No credit will be available under your Wakefly Service Level Agreement for interruptions of service resulting from AUP violations.