Acceptable Use Policy
In order to protect the interests of all Customers and to ensure optimal service levels, Utopia Commerce (“Company”) has developed this Acceptable Use Policy (“AUP”), which supplements each customer's (“Customer”) respective Master Services Agreement with Company. Such terms are hereby incorporated by reference. Use of Company's services by any Customer constitutes acknowledgment of and agreement to the terms of this AUP. Furthermore, Company may revise this AUP from time to time and a Customer's continued use of Company's services after such changes are posted on this web page will constitute the Customer's acceptance of any such revisions to this AUP.
(I) USE OF SERVICES: Company's services may only be used for lawful purposes in compliance with all applicable laws. Furthermore, by using the Company's services, Customer agrees and represents that they are at least eighteen (18) years of age. Company's Customers are solely responsible for the content and use of Company's services, and should ensure that such use falls within the guidelines of this AUP and the terms of their respective services agreements. Company does not monitor, edit, censor, or take responsibility for Customer content or communications from within the Company network, except to investigate possible violations of this AUP that have been brought to Company's attention. Further, Company cannot and will not monitor, edit, censor, or otherwise interfere with information or content that Customers may retrieve from sources outside Company's network even if such information is available to Customers through the use of material deliverable to any site or service maintained by Company (e.g., via email). Customer understands and acknowledges that there is no guarantee of privacy of information, data or materials transmitted through use of Company's systems, computers and/or networks. As such, Company is not responsible for injury or liability to any Customer from offensive, misleading, illegal or otherwise unsuitable communications. Company is not responsible for a Customer's loss of data, and Customer assumes all risk related to all downloading and storage of information, data and materials in compliance with this AUP and associated services agreement with Company. As a courtesy to Customers, Company performs backups, but Customers are advised to maintain a current local copy of their files in the event that Company's backups are not retrievable. Such backups shall not be retained for canceled Customer accounts, except when Company deems such retention necessary.
(II) PROHIBITED ACTIVITIES: The following prohibited activities are a violation of the AUP and applicable services agreement between Customer and Company, and shall subject the Customer to immediate account suspension or termination (in the Company's sole discretion) without notice. Customers and their customers, affiliates or subsidiaries shall not, under any circumstances, engage in the following prohibited activities: (a)Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) from a Company server or referencing a domain hosted by Company in any spam, whether originating from the Company network or not; (b)Use or posting of illegal, offensive or obscene content or materials: Using Company's services or network to use, disseminate, advertise, transmit, store, post, display or make available any illegal, defamatory, pornographic, abusive and/or obscene content, materials or language; (c)Unauthorized access or use of systems, computers and/or networks: Activities designed to cause harm to or monopolize any server in Company's network, including, but not limited to: (i) excessive use of bandwidth, resources and/or CPU time; (ii) use of server space for backup or storage of material unrelated to the web site of an account; (iii) use of any provided mail services other than for the Customer's own account; (iv) “hacking” (use of servers to engage in malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration); (v) distribution of internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. or any other electronic destructive resource; (vi) use of Internet Relay Chat (“IRC”) related materials including bots, bouncers, or any script or software package designed to facilitate creation, maintenance, or access to any IRC server or channel; (vii) use of CGI or php-based shell scripts including any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH Customer in the control panel or the use of a standalone SSH Customer are prohibited. Such scripts will be deleted without notice when found; and (viii) use of Web proxy scripts including any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Company network or that masks the true origination point of browsing activities by use of network information associated with Company are prohibited. Such scripts will be deleted when found; (d)Intellectual property violations. Engaging in any activity that infringes or misappropriates rights of others, including copyrights, trademarks, service marks, trade secrets, software ownership and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity or personal rights of others. Under the Digital Millennium Copyright Act (DMCA) Company will remove or suspend accounts upon receipt of proper notice of copyright infringement. If you believe material has been posted on our website that infringes your copyrights, please send an email to firstname.lastname@example.org, with subject line “DMCA Take Down Request.” Include the following: i) identification of the work infringed, ii) identification of the location of the infringing active on our site, iii) your contact information and signature, iv) a statement that you have a good faith belief that the work is not being used in a manner authorized by the owner, and v) a statement that the information in the takedown request is accurate, and that under penalty of perjury, you are copyright owner or are authorized to act on behalf of the copyright owner. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the Company network; (e)Forging of Headers: forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message; (f)Facilitating a violation of this AUP: Advertising, transmitting, or otherwise making available any website or link, software program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and/or piracy of software; (g)Export control violations: exporting encryption software over the internet or otherwise, to points outside of the United States; and (h)Other illegal or harmful activities: Engaging in activities that are determined to be illegal, including advertising, transmitting or making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating materials. Engaging in activities, whether lawful or unlawful, that Company determined to be harmful to its Customers, operations, reputation, goodwill or customer relations.
(III) GENERAL: Company has the right to refuse, cancel, or suspend Customer service in its sole discretion. All Customers, their subsidiaries and affiliates are subject to the terms of this AUP and the applicable services agreement in place with Company. Any violations of the above policy may be reported to Company made via email at email@example.com or via postal mail to:
9 Thurber Blvd
Smithfield, RI 02917
All Customers, their subsidiaries and affiliates agree to indemnify, defend, and hold harmless Company and its affiliates from any and all losses, expenses, liabilities, claims, attorney's, damages, awards, judgments or actions that may arise from the use of Company's services and/or violation of this AUP. Company makes no warranties, express or implied, for their services. he services are offered on an “as is” basis, and Customers hereby waive all claims that may arise from the inability to use Company's service as provided. The sole remedy available to Customers shall be discontinuation of service. Company may disclose information regarding your use of the Company services to comply with applicable laws, to comply with appropriate government requests, to operate Company systems properly or to protect Company or its customers. Company will cooperate with law enforcement authorities in investigating suspected lawbreakers and Company reserves the right to report to law enforcement any suspected illegal activity of which it becomes aware. If Company receives a complaint or otherwise becomes aware of any possible violation of this AUP or the applicable services agreement, it may, in its sole discretion, initiate an investigation. You agree to cooperate with any such investigation. This AUP is governed by the laws of the State of Rhode Island. Clients agree that all Company services are deemed to have been requested and provided in the State of Rhode Island and that jurisdiction for any and all claims or dispute shall reside in the State of Rhode Island.