ACCEPTABLE USE POLICY

Last Updated: 1st July 2017

1. Scope

This Acceptable Use Policy (this “Policy”) governs the usage of our products and services (the “Services”). This Policy is incorporated by reference into each agreement we enter into with a client (the “Client”) for the use of such Services. We may modify this Policy at any time without notice by posting updated versions on the iNode Cloud website (www.inodecloud.com).

2. Purpose

The purpose of this Policy is to enhance the quality of the Services and to protect iNode Cloud’s Clients, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Client and its employees, agents, contractors or other users of such Client who obtain Services from iNode Cloud (each such person being a “User”). Each User should use common sense and good judgment in connection with the Services.

3. Prohibited Uses

Users may not:

  1. Utilise the Services to send unsolicited e-mail to third parties.
  2. Utilise the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
  3. Utilise the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  4. Utilise the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  5. Utilise the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  6. Utilise the Services to export encryption software to points outside the Australia in violation of applicable export control laws; or
  7. Utilise the Services in any manner that violates applicable law.
  8. Utilise the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
  9. Utilise the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicises the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.
  10. Utilise the Services to 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.
  11. Utilise the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
  12. Utilise the Services to cause denial of service attacks against iNode Cloud or other network hosts or Internet users or to otherwise degrade or impair the operation of iNode Cloud and facilities or the servers and facilities of other network hosts or Internet users;
  13. Utilise the Services to subvert, or assist others in subverting, the security or integrity of any iNode Cloud systems, facilities or equipment;
  14. Utilise the Services to gain unauthorized access to the computer networks of Servers or any other person;
  15. Utilise the Services to 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;
  16. Utilise the Services to (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);
  17. Utilise the Services to 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;
  18. Utilise the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
  19. Utilise the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
  20. Utilise the Services to 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;
  21. Utilise the Services in any manner that might subject iNode Cloud to unfavorable regulatory action, subject iNode Cloud to any liability for any reason, or adversely affect iNode Cloud public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by iNode Cloud in its sole discretion; or
  22. Utilise the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

4. Violations

Disclaimer

  1. iNode Cloud expressly disclaims any obligation to monitor its Clients and other Users with respect to violations of this Policy. iNode Cloud has no liability or responsibility for the actions of any of its Clients or other Users or any content any User may post on any Web site.

Reporting Non-Copyright Violations.

  1. iNode Cloud encourages Users to report violations of this policy by e-mail to: [email protected] including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.

Remedies

  1. If iNode Cloud learns of a violation of this Policy, iNode Cloud will respond to the applicable Client and may, in iNode Cloud sole discretion, take any of the following actions, in accordance with the severity and duration of the violation(but is not obligated to do so):
  2. Warning the Client;
  3. Limiting the offending client from the Services;
  4. Suspending the offending Client from the Services;
  5. Terminating the offending Client from the Services;
  6. Imposing fees or charges on the offending Client account in accordance with the applicable service schedule or order for service;
  7. Removing the offending content;
  8. Taking other action in accordance with this Policy, the applicable service contract or applicable law.

5. Reservation of Rights

iNode Cloud reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving iNode Cloud Services, Clients and other Users. iNode Cloud reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. iNode Cloud may Utilise technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Client agrees that iNode Cloud is authorised to monitor its communications through iNode Cloud network for such purposes.

6. Email Policy

We have strict rules for sending to mailing lists. The following rules must be followed when sending to a mailing list:

  1. Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads (including lists built via LinkedIn).
  2. In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
  3. You must not use the service to ‘clean’ your mailing list. Cleaning your mailing list means testing the validity of email addresses by sending to those addresses when you know or suspect a list is out of date or contains a high proportion of invalid addresses.
  4. An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the maillist.
  5. Emails must not contain content related to the industries mentioned below.

You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardise our service for all of our users.

  • Pornographic or adult content
  • Adult novelty items
  • Dating or escort services
  • Multi-level marketing
  • Affiliate marketing
  • Pharmaceutical products
  • Keylogging
  • Get-rich-quick, work-at-home schemes or paid surveys
  • Online trading, forex trading, or stock market related content
  • Gambling services, products or gambling education
  • Online sweepstakes
  • Streaming TV services
  • Credit repair, get-out-of-debt content
  • Advertising your CV
  • Mortgages and/or loans (without prior approval)
  • Herbal highs or herbal incense
  • Nutritional supplements, herbal supplements or vitamin supplements
  • List brokers or list rental services
  • Essay writing services
  • Fake phishing emails for a ‘training exercise’ or penetration testing
  • Unsolicited marketing email (i.e. without proper permission from recipients)

We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.

You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.

You must also NOT use the service to send emails from email addresses which you do not have permission to use or which are not valid, or send from invalid email addresses for the purposes of testing your account.

You must also NOT use the service to auto-forward emails originally sent by 3rd parties. You must have full control of the content and quality of emails sent.

Failing to observe these rules could affect your ability to send through and to use our services. In some cases, it can lead to a rate limitation on your emails, or temporary or permanent account suspension.

In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursuing legal action.

 

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