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Acceptable Use Policy (AUP)

1. Introduction​

This Acceptable Use Policy (as amended, modified, or added to from time to time as published on the IMS - Network website, this "AUP") of IMS - Network and its affiliates ("IMS - Network"), is designed to protect IMS - Network’s customers, users of IMS - Network's website, IMS - Network's products and services, and to ensure compliance with all relevant laws and regulations.

If you do not agree with this AUP, please do not access, connect to, or use the website and/or any of the products and services.

This AUP applies to every customer subscribed to the products and services.

This AUP should be read in conjunction with the Terms, SLA, and Privacy Policy.

Capitalized terms used but not defined herein shall have the meanings assigned to them in the Terms, SLA, or Privacy Policy, as applicable.

The customer declares and warrants that they have read, understood, and accepted the provisions of the Terms, SLA, Privacy Policy, and this AUP.

By using the products and services, customers are responsible and will remain responsible for complying with the provisions of this AUP, including any violation attributable to their customers and users, whether or not authorized by the customer or IMS - Network. Customers must take all reasonable steps to ensure that their customers and users comply with this AUP.

This AUP does not (a) obligate IMS - Network to monitor, review, or patrol the data and content on IMS - Network’s servers and/or managed by the customer under their account, nor (b) create any obligation or liability on IMS - Network to any party other than the customer. It is the customer’s duty to notify IMS - Network of any legal violations or violations of this AUP.

IMS - Network explicitly disclaims all responsibility for data and content transmitted through or between IMS - Network, temporarily or permanently stored on any IMS - Network server, or through the use of the account and actions or omissions by customers and/or any of their customers or users.

In addition to any other action IMS - Network may take under this AUP, IMS - Network reserves the right to fully cooperate with any criminal investigation of data, information, or content located on IMS - Network's servers and/or used for illegal purposes through the use of the products and services.

2. Customer Security and Confidentiality Responsibilities​

The customer is responsible for:

  • (a) using reasonable care to secure their account;
  • (b) maintaining the confidentiality of their password and account;
  • (c) ensuring that all actions performed in connection with the account comply with the Terms, this AUP, and the relevant laws.

The customer acknowledges and agrees that IMS - Network is not responsible for the internal management or administration of the customer’s account and any data, content, and information stored therein.

The customer is solely responsible for any breach or security violation of any of their accounts unless such coverage is covered under a dedicated security management services package or firewall security service purchased by the customer from IMS - Network.

3. Prohibited Activities​

Customers must not allow the publication, transmission, or storage of data or content on or through the account and/or the products and services that, in IMS - Network’s sole discretion, violate any federal, state, local, or international law, regulation, court order, or other legal process ("Applicable Laws"). Customers are responsible for determining which applicable laws apply to their use of the products and services. Prohibited content includes, but is not limited to:

  • Data, information, content, or code that facilitates or describes ways to violate this AUP or applicable laws.
  • Collected or "harvested" addresses or information.
  • Phishing websites.
  • Spamvertising websites.

B. Intellectual Property Violations​

Customers must not transmit, distribute, download, copy, store, or host on their account any information, data, material, or work that violates others' intellectual property rights or infringes on any trade secret rights of any other person. IMS - Network reserves the sole and exclusive right to disable or remove access to infringing content as required by any law or regulation, including, but not limited to, the Digital Millennium Copyright Act of 1998.

C. Spam and Misuse​

Customers must not use their account and/or the products and services to:

  • Send bulk unsolicited communications over the internet (e.g., “spam”).
  • Create fake blogs that are intended or likely to promote the author's linked websites or to increase search engine rankings for related sites (e.g., “splogs”).
  • Spam blog websites or automatically post random comments or commercial promotions to blogs (e.g., “blog spam”).

Users must comply with all relevant laws and regulations regarding commercial emails and bulk communications, including the CAN-SPAM Act of 2003.

Bulk Emails​

Customers must not send unsolicited bulk emails, which are emails sent to recipients who have not expressly consented to receiving such communications from the customer. Customers sending bulk emails must maintain complete and accurate records of all consents and registrations and provide this documentation to IMS - Network upon request. If the customer cannot provide positive and verifiable proof of such consents and registrations, IMS - Network will consider the bulk email to be unsolicited.

Mailing Lists​

Customers are prohibited from operating mailing lists, list services, or mail services targeting recipients who have not willingly agreed to receive emails via an explicit opt-in or confirmed opt-in process, or who have made their email addresses available to the customer for information distribution purposes. Customers operating mailing lists must maintain full and accurate records of all opt-in and confirmed opt-in consents and provide this documentation to IMS - Network upon request. If the customer cannot provide positive and verifiable proof of such consents and confirmed opt-ins, IMS - Network will consider the mailing list to be unsolicited. Any mailing list operated by the customer must allow any party on the list to automatically and permanently remove themselves.

D. Other Prohibited Activities​

Without limiting anything stated in this AUP, the customer agrees not to engage in any of the following activities:

  • Forging, misrepresenting, omitting, or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message.
  • Creating or sending internet viruses, worms, Trojan horses, mail bombs, or floods, or launching denial-of-service attacks.
  • Hacking, violating, or assisting others in violating the security or integrity of IMS - Network’s products or systems.
  • Soliciting illegal activity, even if the activity itself is not performed.
  • Threatening bodily harm or encouraging bodily harm or property destruction.
  • Harassing others or encouraging harassing behavior.
  • Engaging in outright fraud or using the services for pyramid schemes.
  • Collecting personal information about others without their knowledge or consent.
  • Teaching others how to perform prohibited activities.
  • Using the services to distribute or display material classified under U.S. law as child pornography, child erotica (regardless of its literary or artistic value), and/or bestiality.
  • Engaging in any manner that could result in unwanted regulatory action against IMS - Network, cause us any liability for any reason, or harm IMS - Network’s public image, reputation, or goodwill, as determined solely by us.
  • Creating fake blogs designed or likely to promote linked websites or improve search engine rankings for related websites.
  • Spamming blog websites or posting automatic random comments or promotions for commercial services to blogs.
  • Infringing the intellectual property rights and/or copyrights of IMS - Network or any third party, including, without limitation, transmitting or hosting content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Causing or initiating security violations or network communication disruptions, including port scans, ping floods, mail bombs, packet spoofing, IP address spoofing, and forged routing information.
  • Engaging in any network activity designed to intercept data not intended for the customer’s server.
  • Evading or circumventing user authentication or security of any host, network, or account, including cracking, brute-force attacks, or dictionary attacks.
  • Interfering with or denying service to any user, host, or network other than the customer’s host, such as by a denial-of-service attack or distributed denial-of-service attack.
  • Performing actions designed to bypass access restrictions to specific services, hosts, or networks, including falsifying packet headers or other identifying information.
  • Soliciting illegal activity, even if the activity is not performed.
  • Using any program or sending messages designed to disrupt or disable a user’s terminal session.
  • Using IMS - Network’s network to receive responses to unsolicited emails.
  • Email header forgery ("spoofing").
  • Sending spam via third-party proxies, harvesting proxy lists, or installing proxy mail-sending software.
  • Setting up a mail server to receive and process third-party messages for sending without user identification and verification.
  • Hosting web pages that are advertised within spam emails sent from another network ("spamvertising").
  • Hosting web pages or providing services that support spam.
  • Any other unsolicited bulk communications, posts, or broadcasts via media such as blog posts, chat room messages, guestbook entries, HTTP referral log entries, usenet posts, popup messages, instant messages, or SMS messages.
  • Teaching others any prohibited activity under this AUP and/or applicable laws.
  • Using IP addresses not assigned to them by IMS - Network. IMS - Network reserves the right to suspend network access to any server using IP addresses outside the assigned range.

Operating and maintaining IRC servers that connect to global IRC networks such as Undernet, EFnet, and DALnet. The use of IRC plugins, scripts, add-ons, clones, or other software intended to disrupt or deny service to other users is prohibited. Specifically, IRC activities that are disruptive or abusive are explicitly prohibited under this AUP, including (i) service disruptions or denial of service, or (ii) the use or participation in "botnets," or the use of IRC BNCs or other proxy software. If a customer's IRC servers are frequently compromised or attract denial-of-service (DoS) attacks or distributed denial-of-service (DDoS) attacks that disrupt or prevent service to other customers or users, IMS - Network may null-route, filter, suspend, or terminate the customer's service.

Additionally, the operation of multiple accounts on the platform (whether within a specific brand or across multiple partners) is prohibited.

For clarity, all customer activities must at all times comply with all applicable laws, not offend any audience, and not harm any third party, while avoiding any deceptive, misleading, or unethical actions that could damage IMS - Network or any third party. The user warrants that services provided by IMS - Network will never be used by the user or any third party for activities that involve content that is: defamatory; obscene; slanderous; discriminatory; offensive; misleading; or otherwise harmful – including, but not limited to, the installation or distribution of any viruses, worms, bugs, Trojan horses, or other harmful or destructive code, files, or programs; violent material, including content promoting, encouraging, or engaging in terrorism, violence against individuals, animals, or property; child pornography or pedophilia, including content promoting or engaging in the exploitation of children; the sale or distribution of prescription drugs without authorization or regulation; illegal or unlawful gambling; or illegal or unauthorized activity.

4. Additional Restrictions and Prohibited Activities​

In addition to the prohibited activities outlined in this AUP, and without limiting anything stated herein, the customer agrees not to:

  • Store multiple copies of identical or substantially similar files.
  • Use the products and services, or any IMS - Network servers, for backup purposes.
  • Use the products and services for file transmission to a large number of users (megauploading), especially while using cloud file server services.
  • Store, on average, more than 1TiB of storage per active user while using cloud file server services.

5. Customer Obligations​

The customer must obtain and maintain all licenses, permits, and other approvals necessary to fulfill their obligations under the Terms, this AUP, and any applicable laws.

The customer agrees and acknowledges that all content and activities carried out through the account and/or the products and services are the customer's sole responsibility. Notwithstanding this, the customer acknowledges that although IMS - Network does not pre-screen the content used by the customer through the account and/or the products and services, IMS - Network reserves the right, but not the obligation, to remove or refuse to provide the products and services in the case of offensive content or as required by any legal authority, without compensation of any kind, financial or otherwise, to the customer. The customer agrees that they must evaluate and bear all risks associated with the use of any of their content and activities.

The customer must comply at all times with all applicable laws, regulations, orders, judgments, and relevant directives, as well as practices and procedures when carrying out their obligations hereunder.

The customer warrants that their engagement with IMS - Network for the receipt of products and services does not require the consent of any other person or entity. The user further warrants that at all times during the engagement with IMS - Network, all software, hardware, codes, algorithms, developments, and/or any other resources ("Technological Resources") used by the customer are either legally licensed by the customer from third parties and/or self-developed by the customer, and in any event, are used by the customer in compliance with this AUP and all applicable laws. For the avoidance of doubt, IMS - Network reserves the right, but not the obligation, to remove or refuse to provide the products and services in the event of illegal use of Technological Resources, without compensation of any kind, financial or otherwise, to the customer. The user agrees that they must evaluate and bear all risks associated with the use of their content and activities.

The customer agrees not to make any representations, promises, or guarantees to any third party regarding the specifications, features, or capabilities of the products and services provided by IMS - Network that are not consistent with the literature, protocols, training, explanations, and agreements provided by IMS - Network in writing to the customer.

Customers must cooperate with and promptly comply with any civil or criminal investigation regarding their use of the account and/or the products and services, including, without limitation, subpoenas, discovery requests, freeze orders, search warrants, information requests, wiretaps, electronic interceptions and surveillance, preservation requests, and any other legal orders from a court, government entity, or regulatory agency (each, an "Investigation"). IMS - Network may, at its sole discretion, charge the customer or any requesting party the reasonable costs and expenses associated with IMS - Network's compliance with any such Investigation. IMS - Network reserves the right to comply with any Investigation without notifying the customer. IMS - Network reserves the right to disclose information related to customers, their use of the account and/or the products and services, or any information sent, owned, or stored by or on behalf of any customer, if such information is disclosed in connection with an Investigation or to prevent death or physical harm to any person, as determined by IMS - Network at its sole discretion.

7. Consequences of Violations of This AUP​

A.​

IMS - Network may enforce this AUP, with or without notice to the customer, by taking any action it deems appropriate, in its sole and absolute discretion, including, without limitation:

  • Suspending or terminating the customer's account.
  • Suspending or terminating the customer's access to the products and services.
  • Removing DNS records from servers.
  • Blocking mail or any other network services.
  • Null-routing IP addresses.
  • Charging the customer administrative fees and/or reactivation fees.
  • Taking legal action to enforce violations and/or recover damages, if any, caused by such violations.
  • Taking any legal action against the customer to enforce compliance with this AUP and/or any applicable law.

B.​

If any customer uses the products and services in a manner that causes or is likely to cause IMS - Network to be blacklisted or blocked, IMS - Network reserves the sole and exclusive right to permanently suspend or terminate that customer’s products and services.

C. Delisting​

If, due to customer actions, IMS - Network’s mail servers or IP address ranges are placed on blacklists or other mail filtering systems, IMS - Network will charge the customer $100 upfront and $100 per hour thereafter for any remediation activities required.

D.​

Any corrective actions listed in the Terms and/or this AUP shall in no way be construed as limiting the actions or remedies that IMS - Network may take to enforce and ensure compliance with this AUP and/or applicable laws. IMS - Network reserves the right to recover all expenses and apply any reasonable charges in connection with the customer's violations of this AUP. No refunds or credits will be given for any service interruptions resulting from violations of this AUP. IMS - Network reserves the right, at any time, to investigate any actual, suspected, or alleged violations of this AUP, and such investigation may include accessing data and records on or related to any server and/or account.

8. Reporting Violations​

If there is a violation of this AUP, please direct the information to IMS - Network’s support team at [email protected].

If possible, please provide the following information:

  • The IP address used to commit the alleged violation.
  • The date and time of the alleged violation, including the time zone or GMT offset.
  • Evidence of the alleged violation.

Emails with full headers provide all the above information, as do system log files. Other situations may require different methods to provide the above information.