This policy applies to Arcturus and explains Arcturus’s Acceptable Use Policy (AUP).
By entering into the agreement the Customer (including on behalf of the Customer Representatives) (“you” and “your”) agrees to be bound by this AUP as may be amended from time to time and “our”, “us” and “we” shall refer to the Company.
Our relationships with other customers and ultimately to the rest of the Internet requires that you act responsibly at all times. Accordingly, we require that all of our customers act in strict compliance with this AUP as set out below. This AUP sets out:
- Prohibited actions;
- Policing your compliance with this AUP; and
- The actions we may take if you fail to comply with this AUP.
At our sole discretion we may change the details of the AUP from time to time. We will notify you by email when reasonably practicable if a change takes place, however it is your responsibility to check for updates to the AUP.
You must not, or allow others, to use the Services for any improper or unlawful purposes, including but not limited to the following:
- the sending of messages which in our sole discretion are or are considered to be either offensive, menacing, defamatory or infringe or are likely to infringe any third party intellectual property rights (including, but not limited to, trade marks, copyright or rights relating to domain names);
- the interference or attempted interference with the service to any other customers of the Company, hosts or networks. This includes, but is not limited to flooding networks with emails, deliberately attempting to overload a service or attempting to “crash” a host;
- the sending of email that contains misleading or incorrect headers content, or information so that the origin of the email is deceptive or damaging to our or our other customers’ reputations;
- violating or attempting to violate our network security or other systems’ networks, authentication measures, servers or equipment including attempting to circumvent user authentication or security of any host, network or account;
- the sending of any message or virus through our network which causes or is likely to cause harm, in any degree, to us or to our other customers or any other party’s communication systems;
- the interception or monitoring data not intended for you; and/or
- the operation of any service that would allow a third party to perform any action not permitted under this AUP.
You must and ensure that others, in connection with the use of the Services, comply immediately with:
- all applicable legal and regulatory requirements (in effect from time to time); and
- the reasonable instructions that we give you relating to the use of the Services.
Sending of Unsolicited Bulk Email (UBE)
“Unsolicited Bulk Email” shall mean email which is sent in large amounts, without any explicit requests for it being sent.
You may not use the Services to send UBE.
- You must have explicit or appropriate permission from all destination addresses prior to your sending on any email in any quantity, in accordance with the relevant statutory requirements from time to time.
- You shall not assume that you have been granted permission by passive actions such as the posting of an article to Usenet or a visit to your web site.
- Where you have acquired explicit permission, either on a website or otherwise you must keep a record of this permission and shall cease sending email when requested to stop.
- You must not use the service of another provider (including any ‘affiliate programs’) to send UBE or to promote a site hosted on or connected to our network, either directly or indirectly.
Unauthorised Mail Relaying
You must not and ensure that your customers do not, further the sending of UBE. This applies to both material that originates on your system and also third party material that might pass through it.
This includes, but is not limited to the following:
- running an “open mail relay”; and
- operating a machine that accepts mail from unauthorised or unknown senders and forwards these onward to a destination outside of your machine or network.
You may run an “anonymous” relay service provided that you monitor it in such a way as to detect unauthorised or excessive use. If your machine does relay mail, on an authorised basis, then it must record its passing through your system by means of an appropriate “Received” line.
Policing Your Compliance With the AUP
We acknowledge we have no control over any of your software or materials used in relation to your Customer Equipment and we do not purport to monitor such content.
It is Our policy to co-operate with the police and other applicable law enforcement bodies when reasonably requested by them. We reserve the right to access your systems and you confirm your consent to allow us and disclose any information and to report to the police or other applicable law enforcement or regulatory body (including without limitation in response to a Court Order) any suspected illegal activity of which we become aware. We also reserve the right and you confirm your consent to allow us to grant to the police or any other applicable law enforcement or regulatory body physical access to our premises to carry out the same.
Please note that at all times it remains Your responsibility to comply with this AUP.
Failure to Comply with the AUP
If the Customer fails to comply with any part of the AUP, the Company may suspend or terminate the Services in accordance with clause 11 of the Agreement. Although the Company is under no obligation to do so, if in its sole discretion the Company proposes to suspend or terminate the Services due to a breach of this Schedule by the Customer, the following shall apply:
- it will notify the Customer in advance that it intends to take action;
- it will allow the Customer a reasonable time (not more than 5 working days) to provide it with a written explanation as to the reason(s) for the Customer’s non-compliance with this Schedule;
- it will promptly notify the Customer’s of its decision upon receiving the Customer’s explanation, however it is under no obligation to accept it;
- it may suspend or terminate the Customer’s Service immediately prior to receiving or considering the Customer’s explanation if in its sole discretion the circumstances so dictate;
- the Company’s acceptance of the Customer’s explanation shall not in any way be a waiver of any indemnity which the Customer’s have granted in the Company’s favour.