Subject to the terms and conditions of the Master Services Agreement (the “MSA”) between the Parties to which the Customer, will not to use the Services to any and all of the following:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Operate a file sharing service;
- Administer IRC;
- Provide web proxying or other anonymizing services to hide the origin of network traffic, without TD Web Services’s express written consent;
- Harm minors in any way;
- Impersonate any person or entity;
- “Stalk” or otherwise harass another person;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- Upload, post, email, transmit or otherwise make available any content that Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized communication, advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “spamvertising”, or “pyramid schemes” including communications in violation of TD Web Services’s
Zero Tolerance Policy for Unsolicited E-mail/Black Listing set forth below:
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Without expressly written prior authorization reroute the Services or servers or networks connected to the Services;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
TD Web Services maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk E-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e‐mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). In the event that Customer uses the Services in a manner prohibited by this AUP, or in the event any TD Web Services issued IP address is Black Listed (as discussed below), TD Web Services may terminate the MSA and seek remedies as set forth in this AUP.
“Black Listing” occurs when a Third Party service (e.g. Spamhaus) determines, in its discretion, that a TD Web Services issued IP address is a frequent source of unsolicited E-mail. Black Listing result in the IP address (or multiple IP addresses in the same IP range) being rendered unable to send E-mail to certain Third Parties. If an IP address assigned or used by Customer or any Customer End User is found to be Black Listed, TD Web Services may suspend or terminate the Services immediately, and without obligation to refund, without prior notice.
In addition to the remedies set forth above, Customer agrees to pay a fee of $500 for each instance in which an IP address or a block of IP addresses assigned to Customer or its Customer End User becomes the subject of Black Listing.
The anti-spam remedies set forth in this AUP survive termination of this Agreement.