Updated on 12/14/2015
This Acceptable Use Policy (“AUP”) is incorporated by reference in your Service Agreement with Rackbolt LLC DBA cloudtrek LLC. (“cloudtrek”) and your service may be suspended or terminated for violation of this AUP in accordance with the Service Agreement.
1. Abuse – You may not use cloudtrek’s network to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to any user of the cloudtrek or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization;
• 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 e-mail 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 cloudtrek network or website, or cloudtrek’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
2. Security – You must take reasonable security precautions in light of your use of the cloudtrek services. You must protect the confidentiality of your password(s), and you should change your password(s) periodically. A compromised server is potentially disruptive to cloudtrek’s network and other customers. Therefore cloudtrek may take your server off line if it is accessed or manipulated by third party without your consent.
3. Bulk or Commercial E-Mail – You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain cloudtrek’s advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to cloudtrek’s reasonable satisfaction:
• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and cloudtrek’s requests to produce consent evidence within 72 hours of receipt of the request.
• You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• You must post an e-mail address for complaints (such as email@example.com) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You have the means to track anonymous complaints; and
• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
These policies apply to messages sent using your cloudtrek service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an e-mail address hosted via your cloudtrek service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you. cloudtrek may test and otherwise monitor your compliance with its requirements, and may block the transmission of e-mail that violates these provisions.
4. Vulnerability Testing – You may not attempt to probe, scan, penetrate or test the vulnerability of a cloudtrek system or network or to breach cloudtrek’s security or authentication measures, whether by passive or intrusive techniques, without cloudtrek’s express written consent.
5. 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. You must comply with the rules of any other network you access or participate in using your cloudtrek services.
6. Offensive Content – You may not publish or transmit via cloudtrek’s network and equipment any content or links to any content that cloudtrek reasonably believes:
• Constitutes, fosters, or promotes child pornography;
• 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 cloudtrek; or
• is otherwise malicious, fraudulent, or may result in retaliation against cloudtrek by offended viewers.
Content “published or transmitted” via cloudtrek’s network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
7. Copyrighted Material – You may not use cloudtrek’s network or equipment 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.
cloudtrek may terminate the service of copyright infringers.
8. Cooperation with Investigations and Legal Proceedings – cloudtrek may, without notice to you:
• report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and
• provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
• You must have valid and current information on file with your domain name registrar for any domain hosted on the cloudtrek network.
• You may only use IP addresses assigned to you by cloudtrek staff in connection with your cloudtrek services. cloudtrek may take reasonable action to protect its IP numbers, including suspension and/or termination of your Service.
• Customer activities that result in IP address blocking, filtering, or other such actions by outside third party entities which cause cloudtrek or any of cloudtrek’s other customers to be negatively impacted is specifically forbidden under this Agreement. If Customer is found by cloudtrek to be in violation of any part of this section, cloudtrek has the right to immediately terminate services to customer and/or the Service Agreement.
10. Consequences of Violation of AUP – cloudtrek may without notice to you, suspend your service or remove any content transmitted via the cloudtrek service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with cloudtrek’s reasonable investigation of any suspected violation of the AUP. cloudtrek will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured. You are strictly responsible for the violation of this AUP, including violation by your customers, and including violations that occur due to unauthorized use of your service.
11. Amendments to AUP – The ways in which the Internet may be abused are still evolving. Therefore, we may from time to time amend this AUP in accordance with our Service Agreement to further detail or describe reasonable restrictions on your use of our services.cloudtrek
12. Disclaimer – cloudtrek is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the cloudtrek network. cloudtrek disclaims any obligation to any person who has not entered into an agreement with cloudtrek for services