Acceptable Usage Policy

The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Shack Server Management's website, this 'AUP') of shackservermanagement.com. ('Shack Server Management'), is designed to (i) protect Shack Server Management's customers, users of Shack Server Management's website, Products and Service, Shack Server Management Network and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Shack Server Management's website, Shack Server Management Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Shack Server Management, its website, Shack Server Management Network and its physical infrastructure ('Shack Server Management Services').

This AUP applies to each user that subscribes for Shack Server Management Services ('Customers'), all users of Shack Server Management Services and all users that access or utilize Shack Server Management's website, Shack Server Management Network or its physical infrastructure, whether or not such users are customers of Shack Server Management, including the customers of our Customers ('Third Party Users'), and every server or network device that is under each User's control and attached to Shack Server Management Network or physical infrastructure as a part of Shack Server Management Services (a 'Server').The term 'User' as used in this AUP means both Customers and Third Party Users.

This AUP is incorporated by this reference into each Customer's Terms of Service and Service Level Agreement. This AUP should be read in conjunction with Shack Server Management's Terms of Service, Shack Server Management's Service Level Agreement and Shack Server Management's Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Customer's use of Shack Server Management's website, Shack Server Management Network, the Products and Services is also subject to Customer's acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of Shack Server Management's Terms of Service, SLA and Privacy Policy may be reviewed or printed by Customer at the Legal section of Shack Server Management's website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE TERMS OF SERVICE, THE SLA AND THIS AUP. Shack Server Management reserves the right to amend or modify this AUP from time to time, and a User's use of Shack Server Management Services, Shack Server Management's network and physical infrastructure after changes to the AUP are posted on the legal department page of Shack Server Management's website (https://shackservermanagement.com) will constitute the User's acceptance of any such amendments or modifications.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Shack Server Management Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate Shack Server Management to monitor, review, or police the data and content residing on Shack Server Management Network or (b) create any obligation or duty of Shack Server Management to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Shack Server Management is not likely to be aware of any violations of this AUP or any violations of law. Shack Server Management expects all Users to notify us of any violations of law or violations of this AUP. Shack Server Management EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON Shack Server Management NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Prohibited Content

Users shall not allow the posting, transmission, or storage of data or content on or through Shack Server Management Services, Shack Server Management Network or its physical infrastructure which, in Shack Server Management's sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process ('Applicable Law'). Users shall be responsible for determining which Applicable Laws are applicable to their use of Shack Server Management Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) 'harvested' addresses or information, (c) 'phishing' websites, or (d) 'spamvertising' sites.

A User shall not knowingly host on its Servers, use Shack Server Management Services or transmit over Shack Server Management Network, any material believed by Shack Server Management to constitute child pornography. In addition to any other actions it may take under this AUP, Shack Server Management reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

User's Security Obligation

Users must use reasonable care to ensure the security of each Server, Shack Server Management Network and its physical infrastructure. A Customer is solely responsible for any intrusions into, or security breaches of, any of its Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Shack Server Management reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt Shack Server Management Network or any hardware objects on the network as a result of a security compromise.

Network Abuse

Users are prohibited from engaging in any activities that Shack Server Management determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:

For your convenience, you may click on Prohibited Activities to review a list of additional prohibited activities and examples of prohibited activities. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.

Intellectual Property Infringement Policy

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, Shack Server Management Network or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Shack Server Management has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website.

If any Customer or any Third Party User, including those that are customers of our Customers, repeatedly violates Shack Server Management's Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, Shack Server Management reserves the right to (i) suspend permanently or terminate Shack Server Management Services of such Customer and/or (ii) suspend permanently or terminate the access to Shack Server Management Services, Shack Server Management Network or its physical infrastructure by such Third Party User.

E-mail and Anti-Spamming Policy

Users may not send unsolicited bulk messages over the Internet (i.e., 'spamming') and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.

Mass Mailings

Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to Shack Server Management upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, Shack Server Management will consider the mass mailing to be unsolicited.

Mailing Lists

Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to Shack Server Management upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Shack Server Management will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

If any Customer or any Third Party User that is a customer of our Customer uses Shack Server Management Services, Shack Server Management Network or its physical infrastructure in a manner that causes Shack Server Management to be 'blacklisted' or blocked, Shack Server Management reserves the right to (i) suspend permanently or terminate Shack Server Management Services of such Customer and/or (ii) suspend permanently or terminate the access to Shack Server Management Services, Shack Server Management Network or its physical infrastructure by such Third Party User. Operating Shack Server Management Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Block Removal

If, as a result of a Customer's actions, Shack Server Management's mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Shack Server Management shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

IP Allocation

Shack Server Management owns each IP address that it assigns to a Customer. A Customer shall not use IP addresses that were not assigned to it by Shack Server Management Shack Server Management reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.

IRC Policy

Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of 'botnets' or the use of IRC BNC's or other proxy and re-direction software. If a Customer's IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Shack Server Management may null-route, filter, suspend, or terminate that Customer's service.

Usenet Policy

Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. Shack Server Management reserves the right to determine whether such posts violate the AUP.

Legal Investigations

Users will cooperate and comply with any civil or criminal investigation regarding use of Shack Server Management Services, Shack Server Management Network or its physical infrastructure or content located on its Servers or transmitted using Shack Server Management Services, Shack Server Management Network or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an 'Investigation'). Shack Server Management may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Shack Server Management's compliance with any Investigation. Shack Server Management reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and Shack Server Management shall not be in default under any agreement for Shack Server Management Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. Shack Server Management also reserves the right to disclose information relating to Users and their use of Shack Server Management Services, Shack Server Management Network or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Shack Server Management in its sole discretion.

Violations of AUP

Shack Server Management may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, Shack Server Management may:

Reporting Violations

If there is a violation of this AUP direct the information to the Abuse Department at abuse@shackservermanagement.com.

If available, please provide the following information:

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Shack Server Management may take any one or more of the following actions in response to complaints:

If any User uses Shack Server Management Services, Shack Server Management Network or its physical infrastructure in a manner that exposes Shack Server Management to potential liability, as reasonably determined by Shack Server Management, Shack Server Management may suspend permanently or terminate the access to Shack Server Management Services, Shack Server Management Network or its physical infrastructure by such User.

The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that Shack Server Management may take to enforce and ensure compliance with this AUP. Shack Server Management reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User's violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP.

Shack Server Management reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, Shack Server Management Network or its physical infrastructure.

Prohibited Activities

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