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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.
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.
Client is solely liable and responsible for any and all data or other items maintained or transmitted on, to, from, or through the Services.
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 was 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.
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.
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:
The list below represents the standard times required for an initial reply from Client, with appropriate comments, questions, or actions to resolve issues indicated in a Policy Enforcement notice. If Client’s initial reply is not received within the standard times, Layered Tech will suspend the Services. However, replying within a standard time is not a guarantee the Services will not be suspended. The standard times may be modified on a case-by-case basis depending on the abuse type, severity, history, quantity of complaints, upstream provider requirements, and other factors. The following listing is not exhaustive.
With respect to unmanaged Services which include Defcon 4, Defcon 5, System View, Site View, Layer 1, and other unmanaged services, Client is solely responsible for the management, administration and security of the Services, all data and other items maintained or transmitted on, to, from, or through the Services, and for all passwords provided to Client by Layered Tech.
With respect to managed Services which may include Defcon 3, Defcon 2, Defcon 1, Layer 2, Layer 3, Layer 4, Essential, Optimal, and Compliant, Client is solely responsible for all data and other items maintained or transmitted on, to, from, or through the Services, and for all passwords provided to Client by Layered Tech.
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.
The use of Service 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.
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.
If Client believes that its work has been copied in a way that constitutes copyright infringement, please provide Layered Tech's Agent (http://www.layeredtech.com/about/legal/dmca-designated-agent/) with the following information:
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.
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).
Mailing lists must be true opt-in, requiring Client to provide the recipient with either a confirmation email or a confirmation web page where the recipient must reply with a confirmation email having a unique tracking number, or must 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 both of which must be hosted on the network of Layered Tech under Client’s administrative control. Client is required to provide the confirmation email reply or the web server log file line having the unique tracking number as evidence that the recipient did indeed opt-in to the email list. Client is also required to provide at least one simple method to opt out of the email list that must be honored immediately.
Client is liable and responsible for violations of this AUP by all third parties for whom Client provides web, mail, ftp, or other hosting. Layered Tech strongly advises Client not to provide free hosting to unknown third persons or parties. If a pattern of violations of this AUP results from such hosting, Layered Tech may, at its sole discretion, suspend or cancel any or all Services or require Client to cease providing such services.
If an alleged or actual violation of this AUP is believed, at the sole discretion of Layered Tech, to have occurred on, to from, or through TOR or another anonymous router or routing protocol, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not.
Bit Torrent, Point-to-Point, and Proxy software are permitted until and unless a violation of this AUP occurs related to such software. Layered Tech may, at the sole discretion of Layered Tech, require removal of such software.
Violations of this AUP should be reported to email@example.com