CUSTOMER ACCEPTABLE USE POLICY (CAUP)
ACCEPTABLE USE AS CONDITION OF SERVICE
The version of this AUP, available /legal-aup is the most recent version.
You agree to be bound by our AUP when you purchase services from us or from someone who is our customer (Service). Your use and/or continuation of the Service signifies your acceptance of this AUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, and/or customers (End Users) comply with this AUP. We may take actions based on this AUP that are in our best business interests and reserve the right to take this action regardless of whether the use of the Services itself is legal.
MONITORING, RECORDING, OR AUDITING
We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, we cannot accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions.
DataBank continually monitors the network and services for acceptable use. Recording of logs, sessions and or similar electronic conveyance may occur as part of routine, information technology performance monitoring services. DataBank does not make it a routine function to monitor or record events for the purposes of interference or censoring with customer applications or work efforts. From time to time, monitoring and or recording may occur for the purpose of a compliance or similar audit.
PASS THROUGH POLICIES
This AUP incorporates other policies from entities providing products through us to you. These policies are “passed through” to you by this AUP. You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP. We will provide you with information about these policies on request.
SECURITY INCIDENTS / CREDENTIAL COMPROMISE
If it is suspected or discovered that user credentials which are used to access DataBank owned systems (i.e. support.Databank.com) have been compromised, or that any asset which is used to access our systems has been compromised, you must immediately contact support to have the credentials changed. DataBank Hosting owned systems shall not be accessed until the Security Incident is contained. Security Incidents may include, but are not limited to, systems compromised by the following: Hackers, Password Stealing Malware, Keystroke Loggers, Rootkits, Trojans, and Bots.
Users are prohibited from violating any system or network security measure, including, but not limited to engaging in:
- Unauthorized access or use of the Company’s or a third party’s network, data, or information; including any attempt to probe, scan or test the vulnerability of a system or network, or to breach security measures without express authorization of the owner of the secured network;
- Unauthorized monitoring of the Company’s or third party’s data, systems or network traffic;
- Forging of any header or any part of the header information in any e-mail or newsgroup posting or taking any action in order to obtain services to which such user is not otherwise entitled.
Users are prohibited from interfering with a third party’s use of the Company’s network or service, including without limitation, mailbombing, flooding and deliberate attempts to overload a system.
THE SERVICES MAY BE USED FOR LAWFUL PURPOSES ONLY
DataBank systems may only be utilized for lawful purposes and in a manner which DataBank, in its sole discretion, is consistent with this AUP and the rights and obligations of other subscribers and third parties of this service.
All DataBank customers must comply with all federal, state and local laws.
THE SERVICES MAY NOT BE USED FOR UNLAWFUL PURPOSES
You may not use the Services, or contact us, to:
- engage in defamation, harassment, obscenity, or any threatening activity;
- display, provide access to, or otherwise distribute content that contains images, or descriptions, of child pornography, bestiality, or child erotica;
- engage in gambling or ponzi schemes (regardless of content), including advertising this type of content;
- create, post or send any item designed to disrupt another person’s use of the Internet or the Services, regardless of whether your intent was benign;
- engage in, or facilitate, the distribution of materials that may not be exported under U.S. law;
- do business with any individual or entity set whom U.S. companies may not do business;
- post links to illegal items;
- instruct others in illegal or prohibited activities;
- gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system’s owners (or rightful users);
- engage in a denial of service attack, or otherwise intentionally attempt to burden our network in a way that would significantly diminish its ability to function, or engage in any activity designed to cause DataBank, our customers, and/or End Users to be the target of that type of activity;
- probe, scan, sweep, spoof and/or engage in efforts to gain unauthorized access to our network or systems, regardless of your intent in engaging in these activities;
- monitor or attempt to monitor the traffic of our network, that of our customers or End Users, or engage in activities designed to disrupt, delay or otherwise compromise the integrity and performance of our network, regardless of your intent in engaging in these activities;
- undermine our, our customer’s, and/or End User’s measures to secure their data, and attempt to prevent disruption of the Services and our network from malicious software, viruses, worms and “trojan horses;”
- engage in activities designed to conceal or misrepresent your identity, including forging packet header information;
- access p2p networks;
UNSOLICITED COMMERCIAL EMAIL/UNSOLICITED BULK EMAIL POLICY (SPAM)
If you wish to send bulk messages to recipients you must ensure that your mailing list only sends messages to people, organizations or entities that have explicitly given your organization prior consent to send them such information, commonly referred to as “Opt In’. Customers who send SPAM will have their accounts suspended without benefit of any refund of any amounts paid. We reserve the right to determine, in our sole and absolute discretion, what constitutes SPAM. We also prohibit you, or your End Users, from relaying email unless you agree to sign up for the DataBank anti-spam service or demonstrate another service that, to our satisfaction, prevents the forwarding of SPAM from our network.
DataBank does not authorize the use of our Service for any email related activity that is a violation of state, federal, or international law, including, but not limited to, the CAN SPAM Act, CASL and similar.
DataBank does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could result in the blocking of our ability to send email from our network, commonly referred to as “Black Listing.” Should your use of our Services cause us to be “black listed,” your account may be suspended.
If DataBank believes that improper use is being made of the Service to send SPAM, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including, but not limited to, blocking outgoing messages from a particular internet domain, mail server or IP address. DataBank may immediately terminate any account on the Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our Services. Failure to enforce this policy in every instance does not amount to a waiver of DataBank’s rights.
The user is responsible for the use of all services utilized via its connection to the Company network, including any support services provided via its connection to the Company network. Support services include hosting Web sites, electronic mailboxes, telephony gateways, IRC servers, advertising, transmitting, or otherwise making available any software, program, product or service. Providing support services that enable viloation of this AUP or the AUP of any other Internet services provider is a violation of this AUP. Conduct that directly or indirectly encourages, permits or relies on activities in violation of this AUP, is also a violation of the AUP. Examples include failure to implement reasonable technical or administrative measures to prevent mass unsolicited e-mail, or providing spamming support services such as e-mail drop boxes, sales of spamware, list washing, and the hosting of “spam-vertised” Web sites.
The Company considers the above practices to constitute abuse of its service. Engaging in one or more of these practices may result in immediate termination of a user’s access to the Company’s services. Users shall be charged an administrative fee of $500 for each incident in violation of this AUP. A violation of this AUP by someone having only indirect access to the Company network through a customer, or other user, will be considered a violation by the customer, or other user, whether or not with the knowledge or consent of the customer or other user. The Company receives complaints directly from Internet users, through Internet organizations and through other parties.
Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity to appropriate law enforcement officials. Send these requests to:
DataBank Holdings, Ltd.
Attn: Compliance Department
400 South Akard Street
Dallas, TX 75202
Email: [email protected]
Nothing contained in this policy shall be construed to limit the Company’s actions or remedies in any way with respect to any of the foregoing activities, and the Company reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Company service, and levying cancellation charges to cover the Company’s costs. The Company will investigate violations of policy and will cooperate with law enforcement officials for suspected criminal violations. In addition, the Company reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Revision Date: 03/20/2018