This policy has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of systems and networks used, and the networks and systems of others
- Avoid situations that may cause us to incur civil liability
- Maintain the image and reputation of Orlando Web Services, LLC as a responsible provider
- Preserve the value of Internet resources as a conduit for free expression
- Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
- Preserve the privacy and security of individual users
The Acceptable Use Policy below defines the actions which Orlando Web Services, LLC considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Orlando Web Services, LLC customers. If you are unsure whether any contemplated use or action is permitted, please contact us and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any hosting service used by Orlando Web Services, LLC, or connected via the network provided. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.
- Customers are prohibited from transmitting on or through any of the services provided through Orlando Web Services, LLC, any material that is, in Orlando Web Services, LLC sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
- The services provided by Orlando Web Services, LLC services, and those provided by other parties, may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Orlando Web Services, LLC reserves the right to remove such illegal material from sites hosted on our providers servers.
- The customer is responsible for keeping his billing data with Orlando Web Services, LLC up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
System and Network Security
- Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).
- Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
- Users who violate systems or network security may incur criminal or civil liability. Orlando Web Services, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- Harassment, whether through language, frequency, or size of messages, is prohibited.
- Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
- Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
- Forging of header information is not permitted.
- Orlando Web Services, LLC services, and those provided by other parties, may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
- A web address (URL) or an e-mail address associated with Orlando Web Services, LLC or Customers of Orlando Web Services, LLC may not appear in any message whether sent from a third-party server or from another Internet Service Provider where this message violates this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
- These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have additional regulations; see below.
- A "clean-up" fee of up to $500 may be imposed for parties that engage in spamming or unsolicited e-mail activities that violate the above policies.
Usernames and Password
- Orlando Web Services, LLC is not liable for any use, either legal or illegal, of usernames and password provided to our customers, or any actions resulting from their use by any other party.
- The protection of usernames and password provided to our customers is the sole responsibility of our customers.
- Orlando Web Services, LLC is not liable for any use, either legal or illegal, of domain names registered on behalf of our customers, or any actions resulting from their use by any other party.
- The protection of domain names registered on behalf of our customers is the sole responsibility of our customers.
System Resources & Bandwidth Restrictions
Customer acknowledges that Orlando Web Services, LLC provides shared access services. Orlando Web Services, LLC reserves the right to limit the system resources allocated to and bandwidth utilized by the Customer’s Webspace to ensure system integrity and network stability, which may include restricting customers access and use of their web space or programs within their web space.
Customer expressly agrees that use of services provided through Orlando Web Services, LLC is at Customer's sole risk. Neither Orlando Web Services, LLC, its employees, affiliates, agents, third party information providers, merchants licensors or the like, warrant that services provided through Orlando Web Services, LLC will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or services provided through Orlando Web Services, LLC, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall Orlando Web Services, LLC, its offices, agents or any one else involved in creating, producing or distributing services provided through Orlando Web Services, LLC be liable for any claims, causes of action, direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the use of or inability to use the services provided through Orlando Web Services, LLC; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Orlando Web Services, LLC records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on services provided through Orlando Web Services, LLC. Notwithstanding the above, Customer's exclusive remedies for all damages, losses from any and all claims, or costs causes of actions whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
Customer agrees that Customer shall defend, indemnify, save and hold Orlando Web Services, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Orlando Web Services, LLC, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.
Rackspace Acceptable Use Policy for Email
This AUP is incorporated by reference in your Order for Mail Services. Capitalized terms used in this AUP and not otherwise defined shall have the meaning given in the Master Services Agreement.
Rackspace may block mail that violates this AUP. In addition, your Services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.
You may not use your Mail Service to send Bulk Mail. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction.
You may not use a third party other than an authorized Rackspace partner to send Bulk Mail that references a Mail Service email address or that has a Mail Service return email address.
You may not intentionally use your Mail Service for the purpose of receiving bulk email from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" (FFA) list.
Mail messages sent to other users within your domain names hosted on the Rackspace system are not Bulk Mail.
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email.
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
You may not use the Mail Services to distribute content or links to content that Rackspace reasonably believes:
- constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
- 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;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person's copyright, trade or service mark, patent or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Rackspace;
- is otherwise malicious or fraudulent, or may result in retaliation against Rackspace by offended recipients; or is intended to harass or threaten.
You may not send email of any kind to a person who has indicated that they do not wish to receive it.
You may not probe, scan, or test Rackspace's systems for vulnerabilities. You may not violate or attempt to violate Rackspace's security measures. You may not use Rackspace's services to probe, scan or test a third party's systems for vulnerabilities, or to violate or attempt to violate a third party's security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including Rackspace Services); (iv) attempting to discover another person's authentication information; and (v) interfering with another user's use of the Services.
You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and firewall. If your Service is exploited by a third party, Rackspace may suspend your Services until the vulnerability is addressed. For example, Rackspace may suspend your Mail Service if you are distributing a virus, even if you are unaware that you are distributing a virus.
You may not use the Mail Services in a way that creates technical disturbances for other Rackspace customers or for the Rackspace systems generally. In addition:
- No Shared Mailboxes - each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualize one mailbox into multiple mailboxes.
- Automated Use - mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided Customer does not violate this AUP. Rackspace does not provide technical support for this type of use.
If you are a reseller of Mail Services, you are responsible for use of the Mail Services by your end users in violation of this AUP to the same extent as if you were using the Mail Services yourself.
Email Abuse Complaints
Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. Rackspace shall have the right to terminate your Mail Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
Rackspace may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or Rackspace is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault.
Third Party Mail Marketing
You may not use your Mail Service to send Bulk Mail (defined above) except via a mail marketing service that we have approved in advance. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements:
- The mail may be sent only to individuals who have affirmatively indicated they wish to receive it;
- Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor the recipient's and Rackspace's requests to produce consent evidence within 72 hours of receipt of the request.
- You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours;
- You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent;
- You must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address;
- You have the means to track anonymous complaints; and
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.
You may not use a third party email service that does not practice similar procedures for all of its customers.
Rackspace may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. Rackspace may throttle your mailing if your Bulk Mail is generating excess bounced messages.
Information on this page is valid and in effect as of 3/18/2010.