This Acceptable Use Policy (“AUP”) specifies the actions prohibited by ADAR, Inc. (“ADAR”) to users of the ADAR network. ADAR reserves the right to modify the AUP at any time, effective upon posting of the modified policy to this URL: http://www.adarIT.com/aup and encourages users to review the AUP regularly.
This AUP is incorporated by reference into Customer’s Service Order with ADAR and Customer’s services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement. By using the Services provided by ADAR and accepting the Service Order and Master Services Agreement, Customer agrees to abide by the AUP, as modified from time to time. Capitalized terms used in this AUP will have the meaning given in the Master Services Agreement. Inquiries regarding this AUP should be directed to abuse@adarIT.com.
The ADAR Network may be used only for lawful, proper and appropriate purposes. Customer may not use ADAR’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation:
- Transmission, distribution, copying or storage of any material in violation of any applicable law or regulation, including without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization;
- 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;
- 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 ADAR 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 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 “add/remove” tool); or
- Any conduct that is likely to result in retaliation against the ADAR network or website, or ADAR’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack.
Bulk or Commercial Email
Sending bulk or unsolicited commercial email messages is explicitly prohibited on the ADAR network. For all other commercial email messages, Customer must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to commercial email. In addition, Customer must comply with the following email policies for all commercial emails:
- Customer’s intended recipients must have given their consent to receive email from Customer via some affirmative means, such as an opt-in procedure;
- Customer’s procedures for seeking consent must include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- Customer must retain evidence of each recipient’s consent in a form that can be promptly produced on request, and Customer must honor recipient’s and ADAR’s requests to produce consent evidence within 72 hours of receipt of the request;
- Customer must have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line;
- Customer must honor revocations of consent within 48 hours, and notify recipients that the revocation of their consent will be implemented in 48 hours;
- Customer must: (i) post an email address for complaints (such as abuse@Customerdomain.com) in a conspicuous place on any website associated with the email, (ii)register that address at abuse.net, and (iii) promptly respond to messages sent to that address;
- Customer must have the means to track anonymous complaints;
- Customer may not obscure the source of Customer’s email in any manner (the header information must be accurate and clearly identify the Customer) and include the Customer’s postal address in the body of the email;
- Customer’s email must include the recipient’s email address in the body of the message or in the “TO” line of the email;
- Customer must accurately reflect the content of the message in the subject line and identify that it is an ad; and
- Customer must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using Customer’s ADAR service, or to messages sent from any network by Customer or any person on Customer’s behalf that directly or indirectly refer the recipient to a site or an email address hosted via Customer’s ADAR service. In addition, Customer may not use a third-party email 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 Customer.
ADAR may test and otherwise monitor Customer’s compliance with its requirements, and may block the transmission of email that violates these provisions.
Customer may not attempt to probe, scan, penetrate or test the vulnerability of a ADAR system or network or to breach ADAR’s security or authentication measures, whether by passive or intrusive techniques, without ADAR’s express written consent.
Newsgroup, Chat Forums, Other Networks
Customer must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which Customer participates, 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.
Customer must comply with the rules of any other network Customer accesses or participates in using Customer’s ADAR services.
Customer may not publish or transmit via ADAR’s network and equipment any content or links to any content that ADAR 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 obscene, defamatory or violates a person’s privacy;
- Creates or threatens a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an 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;
- 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 Customer or to ADAR; or
- Is otherwise malicious, fraudulent, or may result in retaliation against ADAR by offended viewers.
Content “published or transmitted” via ADAR’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.
Customer may not use ADAR’s network or equipment to download, publish, distribute, or otherwise copy (including digitization of photographs from magazines, books, or other copyrighted sources) in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- Customer has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- Customer is otherwise permitted by established United States copyright law to copy the work in that manner. ADAR may terminate the service of copyright infringers.
- Customer must have valid and current information on file with Customer’s domain name registrar for any domain hosted on the ADAR network.
- Customer may only use IP addresses assigned to Customer by ADAR in connection with Customer’s ADAR services.
- Customer agrees that if the ADAR IP numbers assigned to Customer’s account are listed on Spamhaus, Spews, NJABL or other abuse databases, Customer will be in violation of this AUP, and ADAR may take reasonable action to protect its IP numbers, including suspension and/or termination of Customer’s service, regardless of whether the IP numbers were listed as a result of Customer’s actions.
- Customer agrees that nothing in this AUP will limit or be deemed a waiver of any rights or protections of ADAR pursuant to any written agreement between ADAR and Customer. This AUP will be read in connection with any such written agreement and not in conflict with any such agreement.
- Customer agrees that if ADAR is legally required, ADAR will permit law enforcement or a related authority to inspect Customer’s use.
Consequences of Violation of AUP
ADAR may charge Customer 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 ADAR 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 ADAR’s Internet Protocol numbers removed from any abuse database.
ADAR Assumes No Liability
ADAR has no practical ability to restrict all conduct, communications, or content which might violate this AUP prior to its transmission on the ADAR Network, nor can ADAR ensure prompt removal of any such communications or content after transmission or posting. Accordingly, ADAR does not assume liability to any Customer or others for any failure to enforce the terms of this AUP.