This Acceptable Use Policy (“AUP”) describes activities prohibited on Secure Packet Services for the protection of Secure Packet and its Representatives, Services, network and other customers. Questions regarding this policy should be directed to [email protected]. 

1. ABUSE GENERALLY. Customer shall not use the Services or any related software, system, or network to engage in, foster, solicit or promote illegal, or irresponsible behavior including: 

1.1. conduct likely to breach any laws, codes, or regulations applicable to the parties (including conduct infringing or misappropriating intellectual property, or confidential or proprietary information; or which is fraudulent, unfair, deceptive or defamatory); 

1.2. unauthorized access to, monitoring or use of, or interference with an internet account, computer, systems, networks, data or traffic; 

1.3. intentionally, knowingly or recklessly introducing any malicious code into the Services; 

1.4. conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum used in conjunction with Secure Packet Services or network (including using false, misleading or deceptive TCP-IP packet header information in an email or newsgroup posting); 

1.5. deceitfully collecting, transmitting or using information, or distributing software which covertly gathers or transmits information about a user; 

1.6. distributing advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software, and can easily remove software using standard tools included on major operating systems; 

1.7. conduct likely to result in retaliation or adverse action against Secure Packet or its services, network, website or Representatives (including resulting in listing of Secure Packet IP space on an abuse database); 

1.8. conduct which breaches Customer’s security obligations, or any activity in connection with the Services that may expose Secure Packet to a security vulnerability; 

1.9. conduct intended to withhold or cloak identity or contact information, registering to use Services under a false name, or using an invalid or unauthorized credit card in connection with Services; 

1.10. gambling activity violating any applicable codes of practice, required licenses, or technical standards; 

1.11. use of any Secure Packet provided shared system in a way that unnecessarily interferes with the normal operation of the shared system, or consumes a disproportionate share of system resources; and 

1.12. conduct creating a risk to safety or health, national security or law enforcement. 

2. OFFENSIVE BEHAVIOR. Customer shall not be abusive or offensive to Secure Packet Representatives. Customer shall not publish, transmit or store on or via the Services content or links to content that Secure Packet reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s privacy, is malicious or morally repugnant. 

3. NO HIGH RISK USE. Customer may only use the Services for commercial purposes; and Customer shall not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities). 

4. MAIL REQUIREMENTS. For bulk or commercial email sent by or on behalf of Customer using the Services or from any network that directly or indirectly refers recipients to a site hosted using the Services (including using third party distribution lists), Customer shall: 

4.1. post a privacy policy for each associated domain;

4.2. post an email address for complaints in a conspicuous place on any associated website, promptly respond to messages sent to that address, and have means to track anonymous complaints; 

4.3. obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within 72 hours of recipient or Secure Packet request; and 

4.4. include the recipient’s e-mail address in the e-mail body or “TO” line. 

5. VULNERABILITY TESTING. Customer shall not attempt to test the vulnerability of a Secure Packet system or network including those provided in connection with the Services, or attempt to breach security measures, of said system or network by any means. Notwithstanding the foregoing, Customer may conduct vulnerability testing of their Hosted System with Secure Packet’s prior written consent. 

6. CUSTOMER PROVIDED LICENSES AND SUPPORT. Customer shall comply with the applicable license terms governing use of any Open Source Software or Third Party Software provided by Secure Packet. If Customer uses any non-Secure Packet provided software on the Customer Configuration then Customer represents and warrants that Customer shall maintain: (i) the legal right to use the software; and (ii) as applicable to the Services, adequate original software vendor support (or similar authorized support) permitting Secure Packet to perform any installation, patching, upgrades, or management which Secure Packet has agreed to provide. On Secure Packet’s request, Customer shall sufficiently certify in writing (or, as reasonably requested, evidence) that Customer is in compliance with this section and any other license or support obligations under the Agreement. If Customer fails to certify licensing or support as requested, Secure Packet may charge Customer its standard fee for licensed use of the software, until the required certification is provided. 

7. EXPORT CONTROL. Customer shall ensure Services are not used in breach of export laws, controls, regulations or sanction policies of the United States or Customer’s applicable jurisdiction. Customer shall ensure Services are not used by any person or entity suspected of involvement or affiliation with those involved in activities or causes relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles. 

8. COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS. Customer agrees Secure Packet may permit a relevant authority to inspect Customer’s content or traffic if Secure Packet is legally required to do so, provided Secure Packet gives Customer reasonable prior notice (where permitted by applicable law and regulation). Secure Packet may report to appropriate authorities any Customer conduct Secure Packet believes violates applicable law, without notice to Customer (including providing any information about Customer, its users, or traffic). Secure Packet may cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct Secure Packet believes violates applicable law, or in a civil action that on its face meets the requirements for such a request. Customer shall cooperate with Secure Packet’s reasonable investigation and resolution of any suspected breach of the Agreement. 

9. DOMAIN NAMES, IP ADDRESSES AND DNS RECORDS. Customer must maintain valid information with Customer’s domain name registrar for any domain hosted on the Services, and only use IP addresses assigned to Customer by Secure Packet in connection with the Services. Customer agrees Secure Packet may modify, transfer, or delete any DNS record or zone on Secure Packet managed or operated DNS servers or services upon request from the registrant or administrative contact according to the registrar’s WHOIS system. 

10.CHANGES TO AUP. Secure Packet may amend the AUP by publishing a revised version at https://securepacket.co/acceptable-use-policy/. The revised AUP shall become effective as to Customer once the web page has been updated. Customer may continue using the Services for up to an additional 90 days subject to the prior version of the AUP. Secure Packet may, at its discretion, waive the AUP change as to Customer in cases of when the changes would severely adversely effect Customer’s business. 

11. AUP BREACH. If Customer breaches the AUP (including unintentionally, resulting from Customer’s failure to use reasonable security precautions, or as a result of activity occurring without Customer authorization) Secure Packet may block any content or traffic, may be relieved of its obligation to provide all or a portion of the Services, suspend the Services, or terminate the Services in accordance with the Agreement, at its election. No credit shall be available under any Service Level Agreement for interruptions of Services resulting from an AUP breach. Customer’s use of the Services to assist another entity in an activity that would breach this AUP if performed by Customer is an AUP breach.