Acceptable Use Policy for Axcient Products

Posted/Revised: November 16, 2018

Together with the Terms of Service (https://axcient.com/master-terms-of-service/) and the other documents referenced therein, this Acceptable Use Policy for Axcient Products and Services (“AUP”) forms a binding agreement (the “Agreement”) between Axcient and Customer. The Agreement, including this AUP, binds all customers and users of Axcient’s services and all visitors to Axcient’s website; all such customers and users are included in the term “Customer.” All other terms defined in the Terms of Service will have the same meaning when used in this AUP.*

Axcient requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing the services through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.

A. The following activities are expressly prohibited:

1. SPAM/Phishing/Unsolicited Email. Axcient does not tolerate spam, whether legal or illegal. Bulk unsolicited commercial email is automatically considered spam unless sent to recipients who have requested such messages through an opt-in procedure. The following are also automatically considered spam: (a) any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses; and (b) any message that violates the CAN-SPAM Act of 2003. Take no action that leads to a classification of SPAM messaging for any Axcient-provided IP address, including your own IP addresses. If any action on your part causes a classification of SPAM, you are required promptly to cooperate with Axcient, at your own expense, in clearing the IP address(es) in question from the affected messaging service(s). Do not attempt to obscure or fake e-mail header information or assume another identity to misdirect or otherwise “spoof” another party for any reason to evade detection. Do not set up a mail relay that is not properly secured, including password protection, or would allow anyone to send spam messages. Do not host “payload” websites that are linked to spam emails, even if a third party sent those emails. Do not provide domain name services or any other services to entities that violate any of the above rules.

2. Intellectual property infringement, including violations of copyright, trademark, and patent rights, and use or distribution of pirated software.
3. Hacking attempts to subvert authentication controls, malicious activity, or any other perpetration of any security vulnerability or breach.
4. Unauthorized access to any computer or system, including intrusion into or scanning of other Axcient accounts, monitoring or sniffing of network traffic, modification of data packets with the intent of redirection, or falsification of origin (spoofing).
5. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, abusive, obscene, or harassing. This includes child pornography or any other activity harmful to minors. (Axcient does allow hosting of adult content that is legal under U.S. law, including applicable state law, provided such content does not fit any excluded criterion listed in this Part A or otherwise violates any Axcient policy.)
6. Fraud.
7. Violation of privacy rights, publicity rights, trade secret rights, or information security, including dissemination of material non-public information about companies without authorization, as well as harvesting or collecting information about website visitors without their express consent.
8. Use of third-party software without a proper license or other appropriate permission, including Microsoft software.
9. Network service attacks including Denial of Service (DoS), Distributed Denial of Service (DDoS), or any unfriendly effort to interfere with services or resources on another network or server, including disobeying any requirements, procedures, policies, or regulations of networks connected to the services.
10. Malware or malicious code distribution, distribution, upload, posting, or transmission of any technology intended to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. This includes any virus, trojan horse, time bomb, cancelbots, worm, ransomware, resource mining, or other harmful code or files.
11. Use of Internet relay chat (“IRC”), including hosting of an IRC server, running IRC bots, use of an Axcient server as an IRC client or proxy, and use of IRC scripts or programs that interfere with service to other users on any server or network.
12. Use of any robot, spider, other automatic device, or manual process to extract, screen scrape, monitor, overutilize computing resources, mine, or copy any static or dynamic web page on the services or the content contained on any such web page for commercial use.
13. Mirroring or framing the services or any portion thereof, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
14. Any other activities of any kind that violate any applicable laws and regulations.

B. Disruptions & security:
Axcient reserves the right to utilize monitoring and other security tools to find and identify any violation of the AUP. Axcient may suspend service, in whole or in part, if it suspects any AUP violation. The Customer will reimburse Axcient for any expenses resulting from the Customer’s violation of the AUP, including attorneys’ fees. Axcient may also disable Customer’s service if Axcient suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. Axcient does not issue refunds for terminating service due to any of the causes above.

Axcient may report any unusual activity or violations of the AUP to appropriate law enforcement, data privacy regulators, and/or any other authoritative third party as deemed necessary and required by law. Our reporting may include customer information in compliance with legal requirements and in cooperation with investigations and prosecution of illegal conduct.

The Customer is responsible for the use of its service, including use by hackers and other unauthorized third parties. The Customer’s responsibility includes payment for exceeding transfer and bandwidth limits.

Except where Axcient specifically accepts such responsibility in Customer’s Signup (pursuant to the Terms of Service), Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain its own backups outside of Axcient’s premises and systems, even if Axcient provides backups, security, or other services related to data protection.)

C. Reporting AUP Violations:
Axcient requests that anyone with information about a violation of this AUP, or of Axcient’s Terms of Service, report it by sending an email to compliance@axcient.com.

∗ Some of the terms of this AUP may overlap the Terms of Service. In the event of any inconsistency, the Terms of Service will govern.