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Acceptable Use Policy

Background

This Acceptable Use Policy (“AUP”) of Layered Technologies, Inc. and any of its subsidiaries (collectively “Layered Tech”), provides the rules, regulations, and restrictions on the use of the devices (any CPU based hardware platform), IP addresses (any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address), and services (any other Layered Tech offering), provided, managed, or assigned to a client (“Client”) by Layered Tech (collectively, the “Services”), as described in a Service Schedule, Service Commitment Confirmation or other order form (collectively, “Service Schedule”) accepted by Client. Layered Tech may, from time to time at its sole discretion, impose rules, regulations, or restrictions on the Services not expressly stated in this AUP. Layered Tech may modify this AUP at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the client portal. By registering for or using the Services, Client accepts and agrees to abide by this AUP and the applicable laws of the cities, states, and countries where Client uses the Services and where the Services are located.

Suspension and Cancellation

Violation of this AUP may, at the sole discretion of Layered Tech, result in the immediate suspension or cancellation of any or all Services or other action deemed appropriate by Layered Tech, without remuneration to Client.

Data Liability

Client is solely liable and responsible for any and all data or other items maintained or transmitted on, to, from, or through the Services.

Liability

Client is solely liable and responsible for any and all damages or fines resulting directly or indirectly from violations of this AUP to the extent such violation(s) were due to Client or parties under its control. Any attempted or actual violation of this AUP by any party on Client’s behalf shall be considered a violation of this AUP by Client. Client is responsible for the conduct of Client’s customers and agrees that Client’s customers will adhere to the AUP.

Disclaimer

Layered Tech assumes no liability or responsibility to any party for any violation of this AUP by any other party. It is the policy of Layered Tech, but not its obligation, to monitor its network for potential, alleged, or actual violations of this AUP.

Policy Enforcement and Resolution

Violations of this AUP by Client are enforced at the sole discretion of Layered Tech. Notices of violations may be communicated by issuance of a Policy Enforcement notice to the abuse contact email address(es), if provided, and the first MAIN email address associated with the Services. Client is responsible for maintaining Client’s contact information in the Client portal (login via My Account) so that Client’s email addresses are reachable even in the event of disconnection of the Services. Client’s failure to receive a Policy Enforcement notice does not limit the right of Layered Tech to enforce this AUP or Client’s responsibility to resolve violations of this AUP in a manner acceptable to Layered Tech. Client must remove all domains, sites, users, or exploits causing a violation of this AUP. Client must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. Layered Tech may, at its sole discretion, access any managed Service or require root access to any unmanaged Service to remove the cause of a violation or reconfigure, harden, or remove any improperly configured or insecure software.

Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, Layered Tech may:

Specific Violations of this AUP

AUP violations include, but are not limited to: Advance Fee Fraud, Child Pornography (D, H, L) , Copyright Infringement (D, H, L), Cracking Network Devices, Denial of Service, Embargo Prohibited Site (H, L), Forgery of IP Address/Hostname/E-Mail Address/Header, Fraud Site (H, L), Hacking Network Devices, High-Yield Investment Program Site (H, L), ID Theft (D, H, L), Infection (D, H, L), Invalid Hostname, IP Blacklisting, IRC Malicious Use, Malicious Tools/Software/Instruction (D, H, L), Open Proxy (H), Open Relay (H), Pharmaceutical Site (D, H, L), Phishing, Proxy Hijacking, ROKSO Blacklisting, Scanning Network Devices, Shells for Non-System/Non-Site Administration (H), Spam Email/List/News/Site/Wares/Web (D, H, L), Terrorist Site (H, L), Trademark Infringement (D, H, L), Upstream AUP Violation, Web Spider Use. (D-Distribution, H-Hosting, L-Linking)

Work Performed

It may become necessary for Layered Tech to perform management, administration, or security work on the Services to resolve a violation of this AUP in a manner acceptable to Layered Tech without Client’s prior approval and Client agrees to pay Layered Tech for such work at Layered Tech’s then current rates.

Disclosure to Law Enforcement

The use of Services for illegal activities is prohibited. Layered Tech will cooperate with law enforcement authorities in the investigation and prosecution of criminal activity. Client agrees that Layered Tech may disclose any and all of Client’s information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency as permitted or required by law without consent or notification to Client.

Intellectual Property

Layered Tech may be required by law to require Client to delete or remove access to material that infringes the copyrights, trademarks, or other intellectual property rights of others, or to terminate Client’s Services if Client repeatedly infringes the copyrights, trademarks, or other intellectual property rights of others.

To make a claim of copyright infringement, please provide Layered Tech's Agent (http://www.layeredtech.com/about/legal/dmca-designated-agent/) with a notification of claimed infringement which satisfies all of the requirements of 17 U.S. Code Section 512(c)(3)(A) which can be found at http://www.copyright.gov/title17/92chap5.html.

Network Performance

Use of a publicly routable IP address not provided to Client by Layered Tech as part of the Services is prohibited. Layered Tech provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one client of Layered Tech may adversely affect other clients of Layered Tech or the network of Layered Tech. Any misuse of network resources in a manner adversely affecting other clients of Layered Tech or the network of Layered Tech is prohibited. Any activity occurring on, or data and other items maintained or transmitted on, to, from, or through the Services that adversely affects other clients of Layered Tech, the network of Layered Tech, or the reputation of Layered Tech is prohibited.

SPAM

For the purposes of this AUP, SPAM is defined as all “Unsolicited Bulk Email”. “Unsolicited” means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. “Bulk” means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. SPAM is an issue of consent, not content. No other definition of spam including, without limitation the definition of SPAM in Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al. or "CAN-SPAM Act" applies to this AUP (provided, however, that violation of these laws shall be a violation of this AUP).

Opt-In Mailing Lists

To establish electronic consent, clients should maintain mailing lists that provide the recipient with either a confirmation email or a confirmation web page where the recipient may reply with a confirmation email having a unique tracking number, or may click a hyperlink either in the confirmation email or the confirmation web page both having a unique tracking number maintained in Client’s web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific opt-in site hosted on the network of Layered Tech under Client’s administrative control. Clients should provide at least one simple method to opt out of the email list that must be honored immediately.

Bit Torrent, Point-to-Point, Proxy, and Free Hosting Software or Services

Layered Tech may, at its sole discretion, require removal of Bit Torrent, Point-to-Point, Proxy, and Free Hosting software or services for violations of this AUP related to such software.

Violation Reporting

Violations of this AUP should be reported to abuse@layeredtech.com

 
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