Acceptable Use Policy (AUP)
Click here to view a prior version of AUP applicable to agreements and renewals having an effective date prior to June 1, 2011.
This AUP is incorporated by reference in your hosting services agreement with FMR Consulting, LLC, a Texas limited liability company d/b/a “Fluid IT Services” (Fluid IT Services“).
Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with Fluid IT Services.
Capitalized terms used in this AUP shall have the meaning given in your hosting services agreement.
Fluid IT Services may revise this AUP from time to time by posting a new version on the Fluid IT Services website. Such revised terms will become effective as to you on the first to occur of: (i) the first day of a renewal term for the Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (ii) your execution of a new or additional agreement for all or part of your Hosting General Terms and Conditions that incorporates the revised AUP by reference, or (iii) thirty (30) days following posting a new version of the AUP on the Fluid IT Services website.
Inquiries regarding this policy should be directed to email@example.com.
You may not use Fluid IT Services’ network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including without limitation:
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 Fluid IT Services 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 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 Fluid IT Services network or website, or Fluid IT Services’ 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 a Fluid IT Services Mail Service (such as Fluid IT Services Email or Fluid IT Services’ 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 any successor act 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 Fluid IT Services’ 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 Fluid IT Services 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 Fluid IT Services 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.
Fluid IT Services may test and otherwise monitor your compliance with its requirements. Fluid IT Services may block the transmission of email that violates these provisions. Fluid IT Services 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 a Fluid IT Services system or network, or to breach Fluid IT Services’ security or authentication measures, whether by passive or intrusive techniques, without Fluid IT Services’ express 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 Fluid IT Services services.
You may not publish, transmit or store on or via Fluid IT Services’ network and equipment any content or links to any content that Fluid IT Services reasonably believes:
Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
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 or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an 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 Fluid IT Services; or
is otherwise malicious, fraudulent, or may result in retaliation against Fluid IT Services by offended viewers or recipients, or is intended to harass or threaten.
Content “published or transmitted” via Fluid IT Services’ 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 Fluid IT Services services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. Fluid IT Services may prohibit you from streaming other live events where there is a special risk, in Fluid IT Services’ reasonable discretion, that the event may violate the Offensive Content section above.
You may not use Fluid IT Services‘ 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.
It is Fluid IT Services’ policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
You may not use any shared system provided by Fluid IT Services 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 Fluid IT Services 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 Fluid IT Services network.
You may only use IP addresses assigned to you by Fluid IT Services in connection with your Fluid IT Services services.
You agree that if the Fluid IT Services IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and Fluid IT Services 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 Fluid IT Services 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, Fluid IT Services may modify, transfer, or delete such records or zones.
No credit will be available under a Fluid IT Services service level guaranty or agreement for interruptions of service resulting from AUP violations.
©2013 FMR Consulting, LLC, a Texas limited liability company d/b/a Fluid IT Services