Acceptable Use Policy
US Acceptable Use Policy for DN Subscription Services
Updated: September 15, 2015

 

1. Introduction

1.1. This Acceptable Use Policy (“AUP”) is part of your agreement with Digital Noema, LLC (“DN”) for a Digital Noema subscription service, including without limitation DN Hosted Service, DN Cloud Service, and DN Social, or for the right to resell a DN subscription service (“Agreement”). By using a DN subscription service (“Service”), you agree to comply with this Acceptable Use Policy (“AUP”) and to be responsible for use by your users and your customers’ users. DN may suspend or terminate your Service) for violation of this AUP in accordance with your Agreement. “DN” includes any DN vendor providing hosting services to Digital Noema.

1.2. DN may modify the AUP at any time without notice by posting a revised AUP on DigitalNoema.com. Changes are effective on posting. Your use of a Service after changes to the AUP are posted constitutes acceptance of any changed or additional terms. DN makes this AUP available in an online format. You also may request the latest version by contacting Aspect.

 

2. Abuse

You may not use DN’s network or a Service to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

i. Use of an internet account or computer without the owner’s authorization;
ii. 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 data, system or network;
iii. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified if prohibited by applicable law (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
iv. Collecting or using information without the consent of the owner of the information if prohibited by applicable law;
v. Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
vi. Distribution of software that covertly gathers information about a user or covertly transmits information about the user;
vii. 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);
viii. Any conduct that results in retaliation against the DN network or website, or DN’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack.
ix. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
x. Interference with or disruption of a Service or DN servers or networks or service to any other user of a Service or the DN or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
xi. Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (such as rights or privacy and publicity) of others;
xii. Use in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative, unsolicited, or disruptive messages (commercial or otherwise); or
xiii. Creating user accounts by automated means or under false or fraudulent pretenses.

 

3. System and Network Security

You may not:

i. Upload any files that contain viruses, Trojan horses, works, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the DN network, DN equipment, or a Service or use a Service in any way that is harmful to or interferes with DN’s network, equipment, or systems;
ii. Circumvent user authentication or security of any host, network or account;
iii. Execute any program or process that causes security breaches or disruptions of a Service, including without limitation war dialing, flood pings, packet spoofing, and forged telephone information;
iv. Otherwise use a Service in any way that is a security risk; or
v. Refuse to comply, in a timely manner, with DN requirements for network security, including changes required to comply with Payment Card Industry (PCI) security standards, Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act, or other security and privacy laws, regulations or standards.

 

4. Content

4.1. You are solely and fully responsible for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using a Service. DN has no responsibility for any material created on or accessible using the Service.

4.2. You may not publish, transmit or store via a Service or the DN network or equipment any content or links to any content that DN reasonably believes:

i. Constitutes inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
ii. Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
iii. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
iv. 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;
v. Improperly exposes trade secrets or other confidential or proprietary information of another person;
vi. Is intended to assist others in defeating technical copyright protections;
vii. Infringes on another person’s copyright, trade or service mark, patent or other intellectual property rights;
viii. Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
ix. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Aspect; or
x. Is malicious, fraudulent or may result in retaliation against DN by reasonably offended viewers.

 

5. Excessive Use of System Resources

You may not use any shared system provided by DN in a way that unnecessarily interferes with the normal operation of the shared system or with the use of the system by other DN customers or resellers. You agree that DN may quarantine or delete any data stored on a shared system if DN reasonably believes that 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.

 

6. Email Requirements; SPAM

6.1. Messages sent using a Service must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email, including without limitation the following requirements:

i. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
ii. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
iii. You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor the recipient’s and DN’s requests to produce consent evidence within 72 hours of receipt of the request;
iv. You have procedures in place that allow recipients 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 notify recipients;
v. You post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you promptly respond to messages sent to that address;
vi. You have a privacy policy posted for each domain associated with the mailing;
vii. You have the means to track anonymous complaints;
viii. You do not obscure the source of your email in any manner. Your email must include the recipient’s email address in the body of the message or in the “TO” line of the email;
ix. You do 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 15 days; and
x. You do not use the Service or your account to collect replies to messages sent from another provider that violate the acceptable use policy or other rules of that provider.

6.2. DN may block the transmission of email that violates any of these provisions.

 

7. Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of an DN system or network, or to breach the DN security or authentication measures, whether by passive or intrusive techniques, without DN’s express written consent.

 

8. Copyrighted Material

8.1. You may not use DN’s network or the Service 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 (a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or (b) you are otherwise permitted by established copyright law to copy the work in that manner.

8.2. It is DN’s policy, in appropriate circumstances, to terminate the Service of customers who are repeat infringers.

 

9. 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 using the Service, 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 the Service.

 

10. Compliance with Laws; Export.

You must ensure that neither the Service, nor any software component DN provides you required to access the Service (“Client Software”), is used in or for any illegal, fraudulent, unauthorized or improper manner or purpose. You must comply, and insure that the Service and Client Software are used only in compliance, with applicable U.S., foreign, and international laws and regulations, including without limitation (i) Internet, data, telecommunications, telemarketing and “spam” laws and regulations, (ii) the U.S. Foreign Corrupt Practices Act, U.K. Bribery Act, other anti-corruption laws, U.S. Export Administration and Treasury Department’s Office of Foreign Assets Control regulations, and (iii) other anti-boycott and import regulations. You agree: (i) that the export, re-export, transfer, re-transfer, sale, supply, access to, or use of a Service or Client Software to or in a third country or to, by, or for a different end user or end use may require a U.S. or other government license or other authorization; and (ii) not to, directly or indirectly, export, re-export, transfer, re-transfer, sell, supply, or allow access to or use of a Service or Client Software to, in, by, or for sanctioned, embargoed, or prohibited countries, persons, or end uses under U.S. or other applicable law (collectively, “Prohibited Uses“). You are responsible for screening for Prohibited Uses and obtaining any required licenses or other authorizations. You indemnify DN for any violation by you, your customers, your customers’ users of any applicable export controls and/or economic sanctions laws and regulations.

 

11. Other Requirements

11.1. You may only use a Service in a manner that is consistent with the purpose of intent of the Service. If you are unsure of the acceptable use or purpose of a Service, you should contact DN and obtain clarification and approval for its specific use.

11.2. You may only use IP addresses assigned to you by DN in connection with your DN Service.

11.3. You agree that if DN IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will take prompt action to remedy the issue. If you do not do so within 10 days of written notice from Aspect, DN may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, if the IP addresses were listed as a result of your actions.

11.4. You agree that if you register a DN S record or zone on DN managed or operated DN S servers or Service for a domain of which you are not the registrant or administrative contact according to the registrar’s WHOIS system, that, upon request from the registrant or administrative contact according to the registrar’s WHOIS system, DN may modify, transfer, or delete such records or zones.

11.5. You may not register to use any Service under a false name, or use an invalid or unauthorized credit card in connection with any Service.

11.6. You may not furnish false or incorrect data on DN required documentation or attempt to circumvent or alter the processes or systems that measure time, calls, or other methods for calculating your use of a Service.

11.7. You are responsible for taking prompt corrective action(s) to remedy a violation of this AUP and to help prevent similar future violations.

 

12. SLA

No credit will be available under any service level agreement for interruptions of a Service resulting from any AUP violation.

 

13. Applications Running on DN Cloud Service

13.1. “Applications” means web pages, software applications (including software applications designed by you or your designees), code, information and data you own or control that run on DN Cloud Service.

13.2. You may not deploy Applications or services that contain endless loops.

13.3. Any Application or session must contain an explicit termination event.

13.4. Once your receive DN sign-off for an Application to be launched in production on DN Cloud Service, you must provide DN written notice at least 24 hours before making a material change to the Application that would affect DN Cloud Service resource utilization or deployment.

13.5. All required fields on the Application launch forms must be complete and accurate.

13.6. No Application will be launched on the DN Cloud Service production network until the launch process has been completed.

13.7. Any new Application must complete the launch process before moving into production.

13.8. Customer may not substitute a new Application for an existing one without written approval from Aspect.

13.9. You must provide written notice to DN if you have reason to believe that usage of DN Cloud Service by you or your end users is likely to increase by 25% or more (“spike”) for any reason (such as an advertising campaign you conduct; expected daily, weekly, monthly or seasonal usage variations; etc.), as far in advance of the expected spike as reasonably possible. The required launch document contains your best good faith estimate of usage of DN Cloud Service and peak loads.

13.10. You will upon reasonable notice comply with re-provisioning of telephone provider lines due to network changes, changes to DN data centers, and facilities. DN may charge additional fees for non-compliance.

 

14. SMS Service Acceptable Use Policy

14.1. By using SMS Service you also will comply with this Section 15.

14.2. General. You acknowledge that (i) users of the SMS Service are also customers of the carriers whose services are used by DN to transmit messages over the carrier networks; and (ii) those carriers assert that information of or about their customers (who may also be Customer’s end users), derived solely by such end user customers’ use of the carriers’ networks, is confidential information of the carriers and the private information of such end user customers of the carriers and subject to the confidentiality provisions under the Agreement. You must comply with the Common Short Code Administration’s Best Practices, which can be found at http://www.usshortcodes.com/csc_best_practices.html.

14.3. Unacceptable Uses.You will not use SMS Service to upload, post, email, transmit, or otherwise make available:

i. junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer or its end users do not otherwise have a legal right to send such material;
ii. material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;
iii. material or data, that is illegal, or material or data, as determined by DN in its sole discretion, that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of DN or any third-party service provider involved in the provision of SMS Service;
iv. material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier;
v. viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
vi. material or information that is false, misleading, or inaccurate;
vii. material that would expose Aspect, any third-party service provider involved in providing the Services, or any other third party to liability; and/or
viii. any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of DN or any third party.

14.4. Carrier Services. You will not access any carrier services that you have not ordered or paid for.