All Customers of LightEdge Solutions (“LightEdge”) are responsible for reviewing and complying with this Acceptable Use Policy (“AUP”). Customers who provide services to their own clients must affirmatively and contractually pass the restrictions of this AUP to their users and ensure compliance by their users with this AUP.
This Policy is subject to change with notice by publication on the LightEdge website. The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP on the LightEdge website. Customers are responsible for monitoring this website for changes.
The following activities are expressly prohibited, and LightEdge expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but not limited to, filtering, suspending, or terminating accounts, end-users, or Customers that engage in abuse or refuse to address user abuse.
You may not use LightEdge network or Services in any manner to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
- Use of an internet account or computer without the owner’s authorization;
- 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;
- Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
- Collecting or using information, including email addresses, screen names or other identifiers, by deceit;
- Use of any false, misleading, or deceptive information in an email or forum posting;
- Distributing software that covertly gathers or transmits information about a user;
- Distributing 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;
- Any conduct that is likely to result in retaliation against the LightEdge network or website, or LightEdge’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack;
- Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
- Interference with service to any user of the LightEdge or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database;
- Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
- Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to LightEdge.
Malicious Activity and Offensive Content
Customers shall use LightEdge Services in accordance with all applicable local, state and federal laws, including but not limited to, obscenity laws. Customers shall not use LightEdge services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, nor shall the customer’s use of the LightEdge Services impinge upon the use of LightEdge systems by other customers.
You may not publish, transmit or store on or via the Services any content or links to any content that LightEdge reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
- Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
- 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; or
- Is otherwise malicious, fraudulent, morally repugnant.
Illegal Activity and Cooperation with Investigations and Legal Proceedings
LightEdge will cooperate with law enforcement in cases where LightEdge Services or devices are being used for any suspected illegal activity. If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
No High Risk Use
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
Sending unsolicited commercial electronic mail messages is explicitly prohibited. LightEdge will not hesitate to take steps, which may include immediate suspension of service. This includes unintended sending of unsolicited commercial electronic mail messages due to unsecured devices including, but not limited to: open email relay, proxy, and other possible exploits.
In addition, you must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. Your bulk or commercial email must meet the following requirements:
- You must have the means to track anonymous complaints; and
- You must not obscure the source of your e-mail in any manner.
- You must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or LightEdge;
- You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
- You must honor revocations of consent and notify recipients of the same;
These policies apply to messages sent using the 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 hosted via the Services. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
You may not attempt to probe, scan, penetrate or test the vulnerability of a LightEdge system or network, or to breach the LightEdge security or authentication measures, whether by passive or intrusive techniques. Additionally, you may not perform such testing of your own Hosted System without LightEdge’s prior written consent.
Forums and Other Networks
You must comply with the rules and conventions for postings to any blog forum in which you participate. You must comply with the rules of any other network you access or participate in using your LightEdge Services.
Intellectual Property and Other Proprietary Rights
You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information, including the following:
- You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
- You may not store or cache copyrighted material on any device owned or operated by LightEdge without permission of the holder or within allowances prescribed by the Digital Millennium Copyright Act (DMCA);
- You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
- You may not display another person’s trademark without permission.
In addition, you may not use the Services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality. It is LightEdge’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
Any properly submitted notice for takedown by the copyright holder or agent for the copyright holder to remove materials from a LightEdge owned or managed device will be promptly honored. LightEdge will honor the protection offered to the customer as prescribed by the DMCA. For materials stored on non-LightEdge owned and managed devices, LightEdge will forward any Notice of Takedown to the end user.
If necessary, LightEdge will respond to recognized subpoenas and provide end user information as ordered by the appropriate courts.
Excessive Use of Shared System Resources
You may not use any shared system provided by LightEdge 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 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.
Reselling of Services
Reselling of any services provided by LightEdge is explicitly prohibited without expressed consent of LightEdge.
Failure to Comply and Consequences of Violation of AUP
If you breach the AUP we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP.
Failure to comply with this AUP may result responding to law enforcement requests or any other action deemed necessary by LightEdge in order to protect its network, customer relationships, and commitment to the highest possible quality of service.
In the event that LightEdge determines that Customer has violated or will violate any of these policies, LightEdge may take such action as deemed to be appropriate under the circumstances as known to LightEdge at the time such action was taken to eliminate or preclude such violation. LightEdge shall not be liable for any damages of any nature suffered by any Customer, Client, or third party resulting in whole or in part from its exercise of its rights under these policies. The Customer is responsible for any charges resulting from the violation of these policies including but not limited to charges resulting from the compromise of any Customer secure password.
Third Party Conduct
You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
Reporting Violations of the AUP
LightEdge customers shall report to LightEdge any information customers may have concerning instances in which the conditions set forth herein have been or are being violated. When LightEdge becomes aware of any possible violations, LightEdge will initiate an investigation.
To report violations of AUP, send any and all documentation supporting the complaint to firstname.lastname@example.org.
||Amended Abusive Behaviors and Vulnerability Scanning