ACCEPTABLE USE POLICY
This Acceptable Use Policy (as amended from time to time, this “Policy”) describes certain examples of prohibited uses of the software (“Software”) and related services (“Services”) offered by Madison Cloud, Inc. (“Madison Cloud”) and its subsidiaries and affiliates, and the website located at madisoncloud.wpengine.com (“Madison Cloud Site”). The examples described in this Policy are not exhaustive. This Policy applies to yourself and any other entities you or your affiliates enable to utilize the Software (collectively, “you”, “your” or “Customer”). Madison Cloud may modify this Policy at any time and from time to time and without notice by posting a revised version on the Madison Cloud Site. By using the Software or accessing the Madison Cloud Site, you agree to the latest version of this Policy. If you violate this Policy or authorize or help others to do so, Madison Cloud may suspend or terminate part or all of your use of the Software and the Services and you will be liable for any applicable damages. All capitalized terms not expressly defined herein shall have the meaning set forth in Madison Cloud’s Terms of Service.
1. No Illegal, Harmful, or Offensive Use or Content
As a condition of your use of the Services or Software, you will not use the Services, Software or Madison Cloud Site for any purpose that is unlawful, not consistent with, or otherwise prohibited by this Policy or Madison Cloud’s Terms of Service. You may not use, or encourage, promote, facilitate or instruct others to use, the Service, Software or Madison Cloud Site for any illegal, harmful or offensive use, or in any manner that could damage, disable, overburden or impair any Madison Cloud server, or the networks connected to any Madison Cloud server, or interfere with any other party’s use and enjoyment of the Services, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Examples of prohibited activities or content include without limitation:
a. Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
b. Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other unfair and/or deceptive practices.
c. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
d. Offensive Content. Content that is defamatory, obscene, indecent, profane, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
e. Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, cancelbots or other malware.
2. No Security Violations
You may not use the Software or Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include without limitation:
a. Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
b. Interception. Monitoring of data or traffic on a System without permission.
c. Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
d. System Damage. Uploading files containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other malware or similar software or programs that may damage the operation of a System.
3. No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include without limitation:
a. Monitoring or Crawling. Unauthorized Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
b. Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
c. Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
d. Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
e. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
4. No E-Mail/Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mailing or other messages, promotions, advertising, or solicitations (e.g., “spam mail”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
5. No Infringement
You may not use the Services or Software in any manner which violates the intellectual property rights of Madison Cloud or any other third parties. Prohibited activity includes without limitation:
a. Uploading, or otherwise making available, files containing images, photographs, software or other material protected by intellectual property laws, including without limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
b. Use any material information, including images or photographs, which are made available through the Services or Software in any manner that infringes upon any copyright, trademark, patent, trade secret, or other proprietary right of any party.
c. Download any file uploaded by a third party that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
6. Monitoring and Enforcement
Madison Cloud reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Software or the Services or Madison Cloud Site. Madison Cloud may, in its sole discretion:
a. Investigate violations of this Policy or misuse of the Software, the Services or Madison Cloud Site; or
b. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement between you and Madison Cloud governing the use of the Software, the Services or the Madison Cloud Site; or
c. Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Reporting may include disclosing any information as Madison Cloud deems necessary to satisfy any applicable law, regulation, legal process, or government request. Madison Cloud also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
7. Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify Madison Cloud and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact Madison Cloud via Email at: firstname.lastname@example.org.