Acceptable Use Policy
This AUP is integrated into your Consolidated Service Plan (CSP) with Gaglani Enterprises and your service may be suspended or terminated for violation of this AUP.
Inquiries regarding this policy should be sent to email@example.com
This Acceptable Use Policy (“AUP”) provides users of Gaglani Services (the term “Services” will encompass Gaglani’s various systems and network) with a clear statement of rules and usage restrictions that apply to the use of Gaglani’s Services.
Violations of Gaglani Acceptable Use Policy
Your use of Gaglani’s Services may not violate any of the following [word]. Gaglani may, without notice to you, suspend your service or remove any content transmitted via the Gaglani service if it determines that you have engaged in any activity that violates this AUP. You must cooperate with Gaglani’s investigation of any suspected violation of the AUP. Gaglani will attempt to contact you prior to suspension of network access to your server(s). However, prior notification is not assured. Gaglani may also report your activities to Federal and/or State law enforcement agencies.
You are strictly responsible for the violation of this AUP. including violation by your customers and those due to unauthorized use of your service. Gaglani will not intervene or become involved in any disputes between you and a third party.
- Bulk or Commercial E-Mail
Gaglani strictly prohibits your use of Gaglani’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. “SPAM” is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. All marketing conducted using Gaglani’s Services must be permission (opt-in) based. You must keep verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Gaglani’s Services, you must verify that the lists have been compiled on a strict “opt-in” basis. In addition, you must obtain Gaglani’s advance approval for any bulk e-mail, which will not be given unless you are able to demonstrate all of the following to Gaglani’s satisfaction:
- Your intended recipients have given their consent to receive e-mail, such as an opt-in procedure;
- You have working “unsubscribe” links in place that allow a recipient to revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. (You must honor all unsubscribe requests within 72 hours from the time they enter Gaglani’s Services.)
- You must post an e-mail address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
These policies apply to messages sent using your Gaglani Service, or to messages sent from any network by you that refer the recipient to a site or an e-mail address hosted via your Gaglani Service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
You are solely responsible for the transmission of all such permission-based communications. Gaglani reserves the right to suspend or terminate your Services in the event Gaglani receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom “opt-in” or otherwise. You agree that Gaglani may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
- Abusive Activity
You may not use Gaglani’s Services to encourage or endorse illegal or abusive behavior, including:
- Unofficial access to or use of data systems or networks, including any attempt to probe or test the vulnerability of a system or network or to breach security or authentication measures without express approval of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express approval of the owner of the system or network;
- To forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
- To create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
- To maintain open mail relays, forward or propagate “chain” mail or mail bomb;
- To engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user’s terminal session;
in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
- To create any Internet Relay Chat (IRC) server;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting
- To hack, subvert, or assist others in hacking or subverting the security or integrity of Gaglani’s Services;
- To display indecent or obscene images or content;
- To solicit information that is considered to be confidential, such as passwords or credit card information;
- Any conduct that is likely to result in retaliation against the Gaglani network or website, or Gaglani’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
- Offensive Content
You may not distribute any content or links to any content that Gaglani reasonably believes:
- Constitutes, fosters, or promotes child pornography. You may not use Gaglani’s Services to disseminate or display images or other content that constitutes child pornography under United States laws. Gaglani applies a zero tolerance policy to the enforcement of this violation./li>
- Gaglani reports the use of its Services to distribute child pornography as required by law. You will not be notified that Gaglani may be cooperating with law enforcement or that Gaglani has reported the use of its Services in this manner.
- Is excessively harassing content or hate speech;
- Improperly exposes confidential or proprietary information of another person;
- Infringes on another person’s copyright, trade or service mark, patent, or other property right;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Gaglani; or
- Is otherwise malicious, fraudulent, or may result in retaliation against Gaglani by offended viewers.
You must take reasonable security precautions in light of your use of the Gaglani Services. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.
A compromised server is potentially disruptive to Gaglani’s Services and other customers. Therefore Gaglani may take your server off line if it is accessed by third party without your consent.
- Copyrighted Material
You may not use Gaglani’s Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
Although Gaglani reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using Gaglani’s Services in a manner that infringes such third party’s intellectual property rights, Gaglani may allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide Gaglani with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
- Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of Gaglani Services or to breach Gaglani’s security or authentication measures without Gaglani’s express written permission.
- IP Addresses
In connection with your use of Gaglani’s Services, you may only use IP addresses that are assigned to you by Gaglani. If you use IP addresses that are not assigned to you by Gaglani, Gaglani will suspend your Services from network access until such time as the IP address overlap is corrected. Gaglani owns all IP addresses that may be assigned to you. Gaglani may, in its sole discretion, change these numbers from time to time without notice to you. You agree that if the Gaglani IP numbers assigned to your account are listed on Spamhaus, Spews, Spamcop or other abuse databases, you will be in violation of this AUP, and Gaglani may take reasonable action to protect its IP numbers, including suspension and/or termination of your Services, regardless of whether the IP numbers were listed as a result of your actions.
- Dedicated Server Customers
If you are the registered owner of an Gaglani custom dedicated account:
You are solely responsible for any security breaches affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and Gaglani may launch an investigation to determine the cause and source of the attack. In such an event, you are liable for all costs to repair any damage done to your server by the security breach. You accept that Gaglani will not be accountable to you or your end users for any loss or corruption of data or information, inability to access the Internet or Gaglani’s Services or inability to transmit or receive information as a result of any actions taken by Gaglani in response to such security breaches.
No Credit or Refund for Suspension or Termination of Services
Gaglani does not issue credits or refunds for outages incurred as a result suspension or termination its Services for a violation of this AUP. You agree hold harmless Gaglani from any claims by your end users and any third party that they have been affected by reason of such suspension or termination of Gaglani’s Services.
Amendments to AUP
The ways in which the Internet may be abused are still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our services.
Gaglani is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of Gaglani’s Services. Gaglani disclaims any commitment to any person who has not entered into an agreement with Gaglani Enterprises for services.