This document contains Acceptable Use Policies (AUPs) for various SWG services including Data, Internet, E-Mail, Web Hosting (“Services”). In addition, this document contains SWG’s IP Address Policy with respect to those Services. Use of any of these SWG Services shall at all times be subject to the terms and conditions of these AUPs. The AUPs may be amended from time to time during the term of this Agreement at sitecare.com/legal/. Customer’s continued use of the services following an amendment shall constitute acceptance. SWG is not responsible for the networks or facilities of third parties which may be necessary to provide service.
SWG will make a reasonable attempt to inform a customer that a complaint has been filed against them, based on contact information provided by the customer. Customer is solely responsible for the protection of their computer equipment. SWG will work with our customer to obtain a mutually satisfactory resolution to the complaint however, if a resolution cannot be reached in a reasonable period of time, SWG may suspend the service. SWG reserves the right to act immediately and without notice to suspend service in response to a court order; government mandate; or if SWG reasonably believes such activity is harmful to the SWG network or its other subscribers.
A. General Terms
The following terms and conditions in this Section apply to all Internet-related Services obtained by Customer from SWG. ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY SWG SO THAT THE CUSTOMER’S SERVICE CAN BE CANCELLED. In the event of a conflict between the Proposal for Services and this AUP, the terms of this AUP will govern. Questions regarding this AUP and complaints of violations of this policy can be directed to [email protected].
1. Illegal Activity. Use of the Services for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order or regulation, or to engage in tortious conduct, is a violation of this Policy. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material or material that infringes on the copyright of another.
2. Spamming/Unsolicited Bulk E-Mail. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational e-mail is spamming and is prohibited. Customer may not post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum or are off-topic according to the charter or other owner-published FAQ or description of the group or list; send unsolicited mass e-mailings, send or forward chain letters; use the SWG Service as a maildrop for responses; and/or falsify user information, including forging, altering or removing electronic mail headers. Customer may not reference SWG or any related entity (e.g. by including Organization: SWG in the header or by listing an IP address that belongs to SWG or any related entity) in any unsolicited e-mail even if that e-mail is not sent through the SWG network. SWG uses several spam reporting web sites including, but not limited to, SpamHaus, SpamCop and SORBS, and these web sites may change from time-to-time. Listing on one or more of these web sites, or any other spam reporting web site, of (i) the Customer’s name including fictitious names (d/b/a or aliases); (ii) one of Customer’s employees in connection with the use of the Customer’s service, or an alias of such employee(s); or (iii) the SWG IP space provided to Customer will result in immediate termination or suspension of Service to Customer. Each case will be individually investigated by SWG and SWG may condition reconnection or reprovision of Service upon removal of the listing from the spam reporting web sites.
3. Harvesting/Spidering/Spyware. The collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participating in the use of software (including spyware) designed to facilitate this activity or use of a list obtained from such means is not allowed. A user suspected or found harvesting email addresses may be blocked from sending mail until SWG is satisfied that the activity has been stopped.
4. Bandwidth Limitations. The Customer must comply with the then current bandwidth, data storage and other limitations on the Services. Customer may not use the Services in a manner that places disproportionate burden on the network or impairs the Service received by other Customers.
5. End Users. If Customer allows others (end users) to use the Service, Customer is responsible for ensuring that end users comply with this AUP. SWG may disconnect Service if an end user violates this AUP. The Customer must also make contact information publicly available, and must respond promptly to any complaints. Complaints regarding the Customer’s end users shall apply to the Customer.
6. Security. The Customer is responsible for any misuse of the Services, even if the inappropriate activity was committed by an employee, customer, consultant, guest or other individuals who have access to the Customer’s system or network. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this AUP. The Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the user authentication, or probing the security of other networks. Customer may utilize scanners, sniffers and any other such security analysis tools to maintain Customer’s own network as long as Customer only uses such tools with respect to Customer’s own network. SWG does not under any circumstance allow Customer or unauthorized individuals to scan, probe, or use security analysis tools against the SWG network or the networks of our other customers and use of or distribution of tools designed for compromising security of non-Customer networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. Customer may not willfully or knowingly disrupt the Services or interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. The Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. If SWG detects that Customer’s equipment or Customer’s Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the SWG network, the Services provided to other SWG customers, or otherwise compromises the integrity or the operation of the SWG network, SWG may disconnect Customer from Service immediately; and, in this event, SWG will make reasonable efforts to promptly contact Customers regarding the interruption of Service. It is the Customer’s sole responsibility to ensure that any computer or device they connect to the SWG network remains secure and virus free.
7. Customer Information. SWG and its distribution affiliates and vendors may cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations. Cooperation may include SWG or its vendors providing the name, IP address(es), or other identifying information about a Customer. Upon termination of a Customer’s Service, SWG is authorized to delete any files, programs, data and e-mail messages associated with such account. SWG will not release any personally identifiable information regarding our Customers (excepting that which is public knowledge, such as the InterNIC’s WHOIS database) or their end users to any third party except upon presentation of (a) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. SWG may release such information based upon its sole reasonable judgment as to the validity of any such order.
8. Inappropriate Content and Unacceptable Links. The Customer is solely responsible for any information that is accessed through use of the Services, and SWG bears no responsibility for such content. SWG and its distribution affiliates and vendors reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful or infringes on the copyright, trademark, or other intellectual property right of a third party. By using the Services to reproduce, publish, display, transmit and distribute content, the Customer is warranting that the content complies with this AUP and authorizing SWG and its distribution affiliates to reproduce, publish, display, transmit and distribute such content as necessary for SWG to deliver the content in a timely manner. Examples of unacceptable content or links: “Pirated software”, “Warez Sites”.
9. Newsgroups. Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. The Customer is responsible for determining the policies of a given newsgroup before posting to it. Posting or cross-posting the same or substantially similar messages to more than eight (8) newsgroups is prohibited.
10. Internet Relay Chat. SWG Services may be used to participate in “chat” discussions. The Services may not be used to perform chat flooding. Any single computer or other device connected through the Services may not maintain more than two (2) simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the user is not physically present at the device. The Services may not be used to access any chat server in violation of the acceptable use policy of that server.
11. Consequence of Violation of Acceptable Use Policy. When SWG becomes aware of an alleged violation of its AUP, SWG may initiate an investigation. For violations of this AUP, SWG may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. Although SWG has no obligation to monitor Services provided and/or the network, SWG and its various affiliates, vendors and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this AUP; and/or to protect the network and SWG customers. SWG prefers to advise customers of inappropriate behavior and any necessary corrective action. If SWG believes this AUP has been violated, SWG or its distribution affiliates may take any responsive actions they deem appropriate. The failure of SWG or its distribution affiliates to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
B. SWG E-Mail Acceptable Use Policy
This Acceptable Use Policy applies to SWG E-Mail Customers and end users. Each Customer may have multiple domain accounts and each domain account may have one or more end user.
1. Incoming E-Mail. SWG is not responsible for the forwarding of e-mail sent by Customer or end user where the account has been suspended or terminated. SWG is not responsible for delays in which e-mail is not delivered in a timely manner as a result of such e-mail will either be returned to sender, ignored, deleted, or stored temporarily at SWG’s sole discretion. SWG has the right to block electronic communications from other entities on the Internet. Whenever possible, the party being blocked shall be made aware of such action before it occurs, however, SWG has the right to disable immediately any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the Customer shall be notified as soon as possible. Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at SWG shall be treated as if they originated from the account referenced, unless there is evidence that the message originated with some unrelated party.
2. Anti-Virus alert. SWG mail servers employ virus detection and prevention methods. If a virus or malware is discovered in an email, the virus or malware will be cleaned or deleted. SWG abuse department may contact the Customer upon receiving a complaint.
3. Compliance with Laws; Monitoring. Customer shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective e-mail address registry laws). Although SWG has no obligation to monitor the content provided by you or your use of the Services, SWG may do so and may block any e-mail messages, remove any such content or prohibit any use of the Services that SWG believes may be (or is alleged to be) in violation of the foregoing.
C. SWG Newsletters Acceptable Use Policies
The SWG Newsletters Acceptable Use Policy includes guidelines for Customers, or a third party contracted on behalf of Customers to send mass mailings to any group of end users. SWG may approve, deny, condition, or rescind previously granted SWG Newsletter Service, in its sole discretion.
a. “Opt-in” Mailings are to more than 100 users by either SWG Customers or their third party partner to any group of end users. Opt-in means that end user has signed up for mailings voluntarily. “Opt-in” implies that the mailing is not “SPAM”, as defined hereinafter, and a recipient knowingly and willingly requested to receive information via electronic distribution from the originating domain name or business referenced within the content of the email.
b. “SPAM” is defined as “unsolicited bulk email that includes advertisements or solicitations, commercial or otherwise, regardless of content.” Without exception, SWG prohibits the practice of mass-mailing unwanted e-mail solicitations of any type, regardless of content, and will take action to prevent this practice. Email distribution lists that are purchased from a third party and are represented as opt in clean lists are not exempt from this policy and will be treated as SPAM.
2. SWG Newsletters Service Requirements:
- Mail send rate: mass mailings with distribution lists greater than 1000 recipients will be done at a maximum rate of 10 messages per second.
- SWG shall dictate the allowable send times.
- All email distributions must have a viable and clear option or instructions for “opting-out” of the subscriber list.
- For all email distributions, the subject of the email must match the body of the text.
- The email must contain a valid physical postal address.
- The email must contain a valid “From”, “Reply-To”, “Return-Path” and “Error-To” headers. If the preceding values are listed in the mail header they must be valid addresses and each email address must accept any bounces at the rate they may occur.
- Valid “Abuse contact”: Customers who send/receive mass mailings MUST supply SWG with an emergency “abuse contact” to contact if there are any problems/complaints associated with the mailing.
3. Subscriber Opt Out. Every email message sent in connection with the SWG Newsletter Service must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list. Customer acknowledges and agrees to monitor and process unsubscribe requests received by Customer, and update the email addresses used in conjunction with the SWG Newsletter Service.
4. Permission Practices. Customer agrees to import, access or otherwise use only permission-based lists in connection with use of the Service. You hereby covenant that you shall not use any other lists in connection with your use of the Services. Without limiting the foregoing, you agree that you shall not utilize the Service to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from the Customer or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. Emails that Customer sends through the Service may generate spam complaints from recipients. As a matter of privacy, SWG cannot share with you the email addresses of those who complain about your email campaign. Customer is solely responsible for ensuring that Customer’s email campaigns do not generate a number of spam complaints in excess of industry norms. SWG, in its sole discretion, shall determine whether the Customer’s level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
5. Mass Mailing Permission. SWG reserves the right to reject any request to perform a mass mailing if it is determined to be in its own best interests.
D. SWG IP Address Policy
1. IP Address Policy. SWG’s IP address policy is based on RFC 2050 and the American Registry for Internet Numbers (ARIN) guidelines for Internet service providers; provided, however, that SWG may allocate IP addresses in any manner in which SWG determines, in its sole discretion, is reasonable for the operation of its internet business. Please contact SWG for any questions regarding IP address rules and policies. SWG will allocate IP addresses to Customer according to InterNIC guidelines. All IP addresses assigned by SWG must be relinquished by Customer upon the expiration, termination or cancellation of Services Agreement.
2. Domain Name Registrations. If Customer requests, SWG will register an available domain name on behalf of Customer, and such registration and use shall be subject to the terms and conditions required by the domain name registrar, which may be amended from time to time and are presently posted at sitecare.com/legal/.
E. Web Hosting
This Acceptable Use Policy applies to SWG Web Hosting. SWG reserves the right to add, delete, or modify any provision of this Web Hosting Policy at any time without notice. Any party seeking to report any violations of the SWG AUP may contact SWG via e-mail: [email protected].
1. System and Network Security. SWG will not change passwords to any account without proof of identification, that is satisfactory to SWG, and that may include written authorization with signature. In the event of any partnership dissolution, divorce, corporate reorganization, or other legal proceeding involving Customer and the Service, SWG may put the account on hold and suspend services until the situation has been resolved to SWG’s reasonable satisfaction. Under no circumstances will SWG be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. Customer is responsible for all accounts, sub-accounts, and alternative account names associated with the Customer’s principal account. Customer is responsible for ensuring full compliance by all users of that account with Customer’s obligations under the Agreement and this AUP. A Customer account may not be transferred without prior written approval from SWG. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the SWG services, including any damages resulting therefrom, until the Customer notifies SWG’s Customer care staff.
2. Misuse of System Resources. It is a violation of this policy to employ posts or programs which consume excessive CPU time or storage space; to permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their Customer’s account; or to resell access to CGI scripts installed on our servers. SWG shall determine in its sole discretion whether Customer is misusing system resources.
3. Servers. A user shall not use another site’s mail server to relay mail without the express permission of the site. If the Customer sells or resells advertising or web space to a third party then the Customer will be responsible for the contents of that advertising and the actions of that third party. SWG has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current AUP for Web Hosting. If the Customer refuses to remove any advertising or other third party content deemed objectionable by SWG, SWG may terminate the Services.
Last Updated: December 28, 2007