OPTIZMO™ Acceptable Use Policy (AUP) for Domains and IP Management
OPTIZMO™ Acceptable Use Policy (AUP) for Domains and IP Management
This Acceptable Use Policy (“AUP”) governs use by the party set forth in the related order, service, and/or account (“Customer” or “You”) incorporated herein by reference, of Hosted Domains and IP Management Services provided by OPTIZMO Technologies, LLC (“OPTIZMO” or “Company”) to be used solely in connection with Customer’s OPTIZMO provided SUPPRESS Account for the purpose of managing and maintaining a comprehensive email compliance program as governed in and in accordance with US law, moreover, the CAN-SPAM Act of 2003.
All Company Services can only be used for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, is prohibited.
Company reserves the right to terminate the Services for any Customer that exposes Company to legal liability or threatens its ability to provide Services to other customers.
Customer agree to indemnify and hold Company harmless from any claims resulting from your use of the Services.
Customer may not use the Company’s Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in Company’s judgment, violates this AUP (or any other contractual obligation between Company and/or its subsidiaries, customers, technology partners, and affiliates), in any manner, may be removed from Company servers (or otherwise disabled), with or without notice.
Examples of Prohibited Content and Activities
OPTIZMO maintains a zero tolerance policy for use of its network or services to send unsolicited bulk or commercial email, or the sending, assisting, or commissioning the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM” or “Spam”).
The Company respects that the Internet provides a forum for free and open discussion and dissemination of information, up to and including the use of legal email marketing methods within. Accordingly, Company generally do not screen, monitor or control Customer content outside of providing compliance-based services. However, if Company is made aware of content that violates the law or this AUP, Company will consider the matter and take appropriate action as determined in its sole discretion, balancing the merits of the complaint.
Company may terminate Customer’s Services with or without notice upon any violation of this AUP.
- No Illegal or Harmful Use – Customer may not use any Company Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
- Disclosing private sensitive personal information about others without consent;
- Distributing malware or other malicious code;
- Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
- Hosting or linking to a website intended to deceive the public or cause damage to public safety and wellbeing;
- Money laundering;
- Phishing or engaging in identity theft.
- No Unauthorized System Access or Network Abuse – Customer may not use Company Services to gain access into any network or system without permission. Prohibited activities include:
- Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
- Attacking other networks (i.e. Denial of Service (DoS) attacks);
- Intercepting or monitoring data without permission.
- Don’t Hamper System Performance – Consuming an “excessive” amount of Company server resources is prohibited. “Excessive” is defined as any level of server resource consumption the Company deems, in its sole discretion, to be beyond expected usage. This leads to server performance issues and may cause a disruption to Company systems or other Customers. Use of any scripts or processes that may adversely impact Company systems is prohibited.
Zero Tolerance Spam Policy
- The Company maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk email, including unsolicited bulk or unsolicited commercial email, or the sending, assisting, or commissioning the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Customer therefore, may not use the Services to send Spam or bulk unsolicited messages that do not comply with the U.S. CAN-SPAM Act of 2003.
- Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on Company servers. This provision includes, but is not limited to, Spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the Register of Known Spam Operations (“ROKSO”) may use Company Domain and IP Hosting or Monitoring Services. Any Customer account which results in Company IP space being blacklisted will be immediately forced to provision their own Domain and IP hosting solutions, be suspended, and/or terminated.
- Please familiarize Yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
Defamation and Objectionable Content
- The Company values the freedom of expression and encourages Users to be respectful with the content and offers that they mail and/or post. The Company is not an email publisher of consumer-based content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material or email offers, which Company may find objectionable, should be censored. Accordingly, the Company generally requires a court order from a court of competent jurisdiction, as determined by Company in its sole discretion, to take down alleged defamatory or objectionable content that contains Company hosted opt-out/unsubscribe links or domains. However, Company reserves the right to disable services or remove any content possible to prevent harm to others or to Company, as determined in Company’s sole discretion.
- Direct customers.
- Customer’s Services may be terminated with or without notice upon any violation of this AUP.
- If applicable, violations will be reported to the appropriate law enforcement agency.
- Failure to respond to an email from Company’s compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of Customer’s Services.
- Company reserves the right to enforce, or not enforce, this AUP in its sole discretion.