(Last updated April 13th, 2010)
This Acceptable Use Policy (the “AUP”) governs your use of all products and services (collectively, the “Services”) offered by System Shepherd, as may be further described in any written proposal submitted by System Shepherd to you or any service order forms submitted by you and accepted by System Shepherd (collectively, the “Service Order Form”). This AUP applies to you and your employees, agents, contractors, or other users who obtain Services from System Shepherd (each such person or entity being a “User”). BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AUP AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AUP.1. Prohibited Use.
System Shepherd’s services may only be used for lawful purposes. Users may not use System Shepherd’s Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- (a) Utilizing the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by System Shepherd to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable state, federal and international regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.
- (b) Utilizing the Services to be involved in the distribution of tools designed for the aiding of unsolicited bulk email.
- (c) Utilizing the Services in such a way that User becomes documented on a recognized SPAM abuse list or if the User has previously been denied access from another provider due to similar acceptable use policy violations.
- (d) Using Internet Relay Chat (“IRC”) on the Company network. This includes, but is not limited to, the use of IRC clients, server software, bots or anything related to IRC.
- (e) Utilizing the Services in connection with any illegal activity. Without limiting the general application of this provision, Users may not: utilize the services to:
- (i) Copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- (ii) Misappropriate or infringe the patents, copyrights, trademarks, or other intellectual property rights of any third party;
- (iii) Traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
- (iv) Export encryption software to points outside the United States in violation of applicable export control laws; or
- (v) Violate any applicable state, federal and international law.
- (f) Utilizing the Services in connection with any tortious or actionable activity. Without limiting the general application of this provision, Users may not utilize the Services to:
- (i) Publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person; or
- (ii) Threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
- (g) Utilizing the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this provision, Users may not utilize the Services to:
2. Notice and Procedure for Reporting Violations.
- (i) Cause denial of service attacks against System Shepherd or other network hosts or Internet users or to otherwise degrade or impair the operation of System Shepherd’s servers and facilities or the servers and facilities of other network hosts or Internet users;
- (ii) Offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
- (iii) Resell access to CGI scripts installed on System Shepherd’s servers;
- (iv) Subvert, or assist others in subverting, the security or integrity of any System Shepherd systems, facilities or equipment;
- (v) Gain unauthorized access to the computer networks of System Shepherd or any other person;
- (vi) Provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
- (vii) (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
- (viii) Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
- (ix) Conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
- (x) Distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- (xi) Solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- (xii) Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
- (xiii) In any manner that might subject System Shepherd to unfavorable regulatory action, subject System Shepherd to any liability for any reason, or adversely affect System Shepherd’s public image, reputation or goodwill, including, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials; or
- (xiv) In any other manner to interrupt or interfere with the Internet usage of other persons.
- (a) Reporting Non-Copyright Violations. System Shepherd encourages Users to report violations of the AUP by e-mail to:
including in any such report the name of the offending domain (for example, xyz.com), the IP address and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
- (b) Reporting Copyright Violations. System Shepherd respects the intellectual property of others and complies with the Digital Millennium Copyright Act (the “DMCA”). The DMCA, which heightens the penalties for copyright infringement on the Internet, sets forth the following requirements for notifying online service providers of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notice of your claim to:
- DMCA Notices
Attention: Designated Copyright Agent
Suite 102 - 2100 Central Avenue
Boulder, CO 80301
Telephone Number of Designated Agent: (303) 565-4400
Facsimile Number of Designated Agent: (303) 265-9040
Email Address of Designated Agent:
It is System Shepherd’s policy to expeditiously remove content that is the subject of a correctly prepared notice under the DMCA. To be effective, your notice of copyright infringement must be written and must include the following (For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3)):
- (i) Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
- (ii) Identification of the copyrighted work that you claim has been infringed;
- (iii) Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit System Shepherd to locate the material;
- (iv) Information reasonably sufficient to permit System Shepherd to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- (vi) A statement that, under penalty of perjury, the information in the notification is accurate. System Shepherd encourages you to consult a lawyer before submitting a notice of copyright infringement. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
(c) Counter Notification. Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g)(3). Before sending a counter notification, System Shepherd suggests that its Users contact an attorney. Users should be aware that they will be liable for damages, including without limitation costs and attorneys’ fees, if they materially misrepresent that a product or activity is not infringing the copyright(s) of another. To file a counter notification with System Shepherd, Users must provide a written communication to System Shepherd’s Designated Copyright Agent (address provided above) that sets forth the following items:
(i) A physical or electronic signature of the User;
(ii) Identification of the material that has been removed or disabled, and its prior location;
(iii) A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
(iv) The User’s name, address, and telephone number(s);
(v) A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which System Shepherd may be found; and
(vi) A statement that the User will accept service of process from the complainant or the complainant’s agent.
Upon receipt of a valid counter-notification from the User, System Shepherd will provide the complainant with a copy of the counter-notification. The complainant then has 10 business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity.
(a) Violations. If System Shepherd learns of a violation of the AUP, then System Shepherd may take any of the following actions, in accordance with the severity and duration of the violation:
- (i) Warning the User;
- (ii) Removing the offending content;
- (iii) Suspending the offending User from the Services;
- (iv) Terminating the offending User from the Services;
- (v) Imposing fees or charges on the offending account in accordance with the applicable service contract; or
- (vi) Taking other action in accordance with this AUP, the applicable service contract, or applicable law.
(b) Enforcement Actions. System Shepherd will provide you with at least 48 hours notice (by email or otherwise) of any proposed suspension, restriction, limitation, modification, or termination of the Services or any functionality related to the Services based on an alleged violation of this AUP, the applicable service contract, or any other reason; provided, however, if (i) your violation of this AUP immediately threatens the security of or damages to System Shepherd’s network, information, data, software, hardware, or facilities or (ii) such suspension, restriction, limitation, modification, or termination is at the request of law enforcement or required by the appropriate legal authorities, then System Shepherd will give you as much notice as is reasonably practicable under the circumstances. To the extent that any element or functionality of the Services, including, without limitation, a particular account or “server,” is suspended, restricted, limited, modified, or terminated, System Shepherd will use commercially reasonable efforts to minimize the effects against any other component or functionality of the Services.
(c) Cooperation with Law Enforcement. System Shepherd reserves the right to involve and cooperate with law enforcement or the appropriate legal authorities in investigations of claims of illegal activity involving System Shepherd’s Services or any Users thereof and to respond to any violations of this AUP to the extent permitted under applicable law. You agree that System Shepherd is authorized to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions, and to otherwise enforce the terms of this AUP. You further agree that System Shepherd may disclose any and all of your information including, without limitation, assigned IP numbers, account history, and account use to any law enforcement agent who makes a written request, without further consent or notification to you.