Acceptable Use Policy

1. Users may not:
   1. Utilize the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by ScaleEngine 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.
   2. Utilize the Services to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email (UBE).
   3. 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.
   4. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
      4. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
      5. Utilize the Services in any manner that violates applicable state, federal and international law.
   5. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
      1. 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.
      2. 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.
   6. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
      1. Utilize the Services to cause denial of service attacks against ScaleEngine or other network hosts or internet users or to otherwise degrade or impair the operation of ScaleEngine's servers and facilities or the servers and facilities of other network hosts or internet users;
      2. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account;
      3. Utilize the Services to resell access to CGI scripts installed on ScaleEngine's servers;
      4. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any ScaleEngine systems, facilities or equipment;
      5. Utilize the Services to gain unauthorized access to the computer networks of ScaleEngine or any other person;
      6. 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;
      7. 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);
      8. 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;
      9. 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);
      10. 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;
      11. 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;
      12. Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
      13. Utilize the Services in any manner that might subject ScaleEngine to unfavorable regulatory action, subject ScaleEngine to any liability for any reason, or adversely affect ScaleEngine'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 ScaleEngine in its sole discretion; or
      14. Utilize the Services in any other manner to interrupt or interfere with the internet usage of other persons.
2. Violations
   1. Disclaimer and Assumption of Risk. Nothwithstanding 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. ScaleEngine expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. ScaleEngine has no liability or responsibility for the actions of any of its Customers 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.
   2. Reporting Non-Copyright Violations. ScaleEngine encourages Users to report violations of this policy by e-mail to: abuse@scaleengine.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.
   3. Reporting Copyright Violations. ScaleEngine complies with the Digital Millennium Copyright Act ("DMCA"). ScaleEngine encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to the email address of the Designated Agent: dmca@scaleengine.com
      1. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement (for more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).) :
         1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
         2. Identification of the copyrighted work claimed to have been infringed;
         3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit ScaleEngine to locate the material;
         4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
         5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
         6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
         7. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
      2. ScaleEngine has the right to suspend or terminate any Customer pursuant to any valid DMCA complaint. Furthermore, ScaleEngine, in its sole discretion, may suspend or terminate, without notice, any User that ScaleEngine determines is a repeat copyright infringer.
   4. Remedies. If ScaleEngine learns of a violation of this Policy, ScaleEngine will respond to the applicable Customer and may, in ScaleEngine's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
      1. Warning the Customer;
      2. Suspending the offending Customer from the Services;
      3. Terminating the offending Customer from the Services;
      4. Imposing fees or charges on the offending Customer 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.
3. Reservation of Rights. ScaleEngine reserves the right to involve and cooperate with appropriate legal authorities in investigations of claims of illegal activity involving ScaleEngine's Services, Customers and other Users. ScaleEngine 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. ScaleEngine 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 Customer agrees that ScaleEngine is authorized to monitor its communications through ScaleEngine's network for such purposes.
4. Indemnification. User(s) will indemnify, defend, and hold harmless ScaleEngine, 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.