JMC Consulting Ltd.
This Acceptable Use Policy (“AUP”) has been created by JMC Consulting Ltd. and all of the entities controlling, controlled by, or under common control with JMC Consulting Ltd. (“JMC Consulting Ltd.”) to promote the integrity, security, reliability and protection of JMC Consulting Ltd.’s network, facilities, offerings, and customers. JMC Consulting Ltd. may modify, without prior notice, this AUP as JMC Consulting Ltd. deems appropriate and such modified AUP will be effective upon posting on JMC Consulting Ltd.’s website. Throughout the term of its Agreement with JMC Consulting Ltd., Customer must ensure that the use of any service, product, or resource offered, owned, or controlled by JMC Consulting Ltd. to Customer (“Service”) conforms to JMC Consulting Ltd.’s then-current AUP. Customer will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.
II. Prohibited Uses
The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders (“Laws”). For the purposes of this AUP, terms like “unlawful” or “illegal” apply to Laws globally and within the framework of applicable governing bodies. It is Customer’s responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. JMC Consulting Ltd. will cooperate with all court orders, subpoenas, and other similar government requests ordering JMC Consulting Ltd. to disclose information about use of the Service.
The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of JMC Consulting Ltd.:
- Violates local, provincial, state, federal, foreign, or international Law;
- Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity (“Person”).
In addition to the other requirements of this AUP, the Service may be used only in a manner that in JMC Consulting Ltd.’s sole discretion is consistent the purposes of such Service. Customer should contact JMC Consulting Ltd. if it is unsure of whether any contemplated use or action is permitted.
By way of example, and not limitation, uses described below are expressly prohibited:
- Deceptive or fraudulent practices.
- Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, JMC Consulting Ltd., or otherwise, in its use or enjoyment of any JMC Consulting Ltd. Service.
System and Network:
- The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.
- Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
- Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else’s site or network.
- Attempting to circumvent host or user authentication or other security measures of any host, network or account.
- Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one’s system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.
- Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship (“E-mail spam”). JMC Consulting Ltd. reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
- Harassment including, but not limited to, through language, frequency or size of messages.
- Unauthorized use, or forging, of mail header information.
- Solicitations of mail for any other E-mail address other than of the poster’s account or service with the intent to harass or to collect replies.
- Creating or forwarding “chain letters” or other “schemes” of any type.
- Use of unsolicited E-mail originating from within JMC Consulting Ltd.’s network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by JMC Consulting Ltd., or connected via JMC Consulting Ltd.’s network.
- Posting the same or similar messages to large numbers of Usenet newsgroup (“Newsgroup spam”).
- Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from JMC Consulting Ltd.’s network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by JMC Consulting Ltd., or via JMC Consulting Ltd.’s network.
- Posting chain letters of any type.
- Posting encoded binary files to newsgroups not named for that purpose
- Cancellation or superseding of posts other than your own
- Forging of header information of the poster’s account or service.
III. Additional Obligations
Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee’s address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.
Service or any portion of Service will not be resold unless authorized by JMC Consulting Ltd. in an executed wholesale contract.
Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.
Customer must provide appropriate protection to prevent minors (persons under 21 years of age) from accessing any unsuitable material published via any Service.
Customer is responsible for all content or information residing on, obtained or transmitted via the Service.
JMC Consulting Ltd. reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to JMC Consulting Ltd. which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. JMC Consulting Ltd. will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Customer or compromise the security of Customer’s network.
Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.
Service Provided Equipment:
Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.
IV. AUP Enforcement
Violation of this AUP may subject Customer to international, federal, and/or provincial, and/or state civil and/or criminal liability. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer. JMC Consulting Ltd. reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that JMC Consulting Ltd., in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to JMC Consulting Ltd.’s interests or the interests of others. If access is terminated, JMC Consulting Ltd., in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer’s data stored on Service.