arielMIS's Acceptable Use Policy (AUP)
This AUP is incorporated by reference in your hosting services agreement with arielMIS.
Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with ArielMIS.
Capitalized terms used in this AUP shall have the meaning given in your hosting services agreement.
Inquiries regarding this policy should be directed to abuse@arielMIS.com.
You may not use ArielMIS's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- 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 of the system or network;
- 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 ArielMIS 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 any IRC application, bots, egg drops, viruses, trojan horses, worms, time bombs, cancelbots or other computer programming that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- 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 "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against the ArielMIS network or website, or ArielMIS's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
You may not use an ArielMIS Mail Service (such as ArielMIS® Email or ArielMIS's Microsoft Exchange®) to send bulk mail. Please see the applicable Product Terms and Conditions for those services. You may use your dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:
- Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor recipient's and ArielMIS's requests to produce consent evidence within 72 hours of receipt of the request;.
- You 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; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
- You must post an email address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints;
- You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the "TO" line of the email;
- The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
- You 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 your ArielMIS services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your ArielMIS service. In addition, you 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 you.
ArielMIS may test and otherwise monitor your compliance with its requirements. ArielMIS may block the transmission of email that violates these provisions. ArielMIS may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.
You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.
You may not attempt to probe, scan, penetrate or test the vulnerability of an ArielMIS system or network, or to breach ArielMIS's security or authentication measures, whether by passive or intrusive techniques, without ArielMIS's express prior written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, 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.
You must comply with the rules of any other network you access or participate in using your ArielMIS services.
You may not publish, transmit or store on or via ArielMIS's network and equipment any content or links to any content that ArielMIS reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts or is indecent;
- 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 defamatory, trade libelous, or violates a person's privacy or right of publicity;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a 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;
- infringes on another person's copyright, trade or service mark, patent, or other property right;
- 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 you or to ArielMIS; or
- is otherwise malicious, fraudulent, or may result in retaliation against ArielMIS by offended viewers or recipients, or is intended to harass or threaten.
Content "published or transmitted" via ArielMIS's network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
You may not use your ArielMIS services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. ArielMIS may prohibit you from streaming other live events where there is a special risk, in ArielMIS's reasonable discretion, that the event may violate the Offensive Content section above.
Copyrighted Material and other Intellectual Property
Customer will not store or provide any content or user content, practice any software or business methods, or use a domain name that infringes any party's Intellectual Property. "Intellectual Property" means any and all property rights under copyright, moral right, trademark, patent, trade secret, or right of publicity law, or privacy law, or any other rights in works of authorship, inventions, designations of source, persona, or economically valuable information.
You may not use ArielMIS's network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner.
arielMIS's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on any website controlled or operated by arielMIS can be identified and removed via arielMIS's DMCA compliance process, available at https://arielmis.com/company-information/legal/DMCA, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
It is ArielMIS's policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
You may not use any shared system provided by ArielMIS in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of ArielMIS Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers' use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.
- You must have valid and current information on file with your domain name registrar for any domain hosted on the ArielMIS network.
- You may only use IP addresses assigned to you by ArielMIS in connection with your ArielMIS services. Customer will not attempt to use IP Addresses not explicitly assigned by arielMIS staff. Any server found using IP Addresses which were not explicitly assigned, will be suspended from network access.
- Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, arielMIS Inc.'s hardware, operating systems or any other computing systems or networks.
- You agree that if the ArielMIS IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and ArielMIS may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
- You agree that if you register a DNS record or zone on ArielMIS managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, ArielMIS may modify, transfer, or delete such records or zones.