Effective Date: January 1, 2012
This Acceptable Use Policy (AUP) is incorporated by reference in your hosting contract with Nimbus Studios and your services may be suspended or terminated for violation of this AUP in accordance with that contract.
- A) Abuse. You may not use Nimbus Studios 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 Nimbus Studios 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 Nimbus Studios network or website, or Nimbus Studios’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).
- B) Bulk or Commercial Email. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, you must obtain Nimbus Studios advance approval for any bulk email, which will not be given unless you are able to demonstrate all of the following to Nimbus Studios reasonable satisfaction:
- 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 Nimbus Studios 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 may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the email.; 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 Nimbus Studios service, 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 Nimbus Studios 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.
Nimbus Studios may test and otherwise monitor your compliance with its requirements, and may block the transmission of email that violates these provisions.
- C) Vulnerability Testing. You may not attempt to probe, scan, penetrate or test the vulnerability of a Nimbus Studios system or network or to breach Nimbus Studios security or authentication measures, whether by passive or intrusive techniques, without Nimbus Studios express written consent.
- D) 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 Nimbus Studios services.
- E) Offensive Content. You may not publish or transmit via Nimbus Studios network and equipment any content or links to any content that Nimbus Studios reasonably believes:
- Constitutes, fosters, or promotes child pornography or bestiality;
- 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 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 Nimbus Studios; or
- is otherwise malicious, fraudulent, or may result in retaliation against Nimbus Studios by offended viewers
Content “published or transmitted” via Nimbus Studios network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
- F) Copyrighted Material. You may not use Nimbus Studios network or equipment to download, publish, distribute, or otherwise copy 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;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Nimbus Studios may terminate the service of copyright infringers.
- G) Other.
- You may only use IP addresses assigned to you by Nimbus Studios in connection with your Nimbus Studios services.
- You agree that if the Nimbus Studios IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of this AUP, and Nimbus Studios 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.
- H) Consequences of Violation of AUP. Nimbus Studios may charge you its hourly rate for AUP breach recovery plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Nimbus Studios or any of its customers by the violation of this AUP, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have Nimbus Studios Internet Protocol numbers removed from any abuse database. No credit will be available under your Nimbus Studios Service Level Agreement for interruptions of service resulting from AUP violations.