Faction Acceptable Use Policy (AUP)
Last Updated: April 24, 2023
This Acceptable Use Policy (“AUP”) governs the use of the Services. Faction reserves the right, in its discretion, to change or modify all or any part of this AUP at any time, effective upon publication of this AUP. Any terms not defined in this AUP will have the definition provided in the applicable Master Service Agreement or End User Agreement or other mutual agreement between the parties under which Faction provides its Services.
The use of Faction’s Services is subject to the following terms, and if Customer is in breach of any term or provision of this AUP, Faction will be entitled to suspend or terminate Services immediately, without notice:
- Faction’s Services may only be used for lawful purposes, and Customer represents and warrants that it will comply with all applicable law as it relates to the terms and subject matter of this AUP. Transmission of any material through the Services provided by Faction, or use of any part of it, in violation of any applicable law or regulation is prohibited. Such prohibited transmission includes, but is not limited to: copyrighted material (where Customer does not have the copyright or a license to use same); material legally judged to be threatening or obscene; material protected by trade secret, whether or not Customer was aware of the content of the material or of the relevant law; material actively encouraging violence, terrorism or other serious harm; or the sending of unsolicited electronic mail.
- Customer will not knowingly use the Services for transmission of computer viruses, for transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety, or for the posting of any such material to bulletin boards or newsgroups or other transmission in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to intellectual property rights).
- Customer acknowledges that Faction is unable to exercise control over the content of any information passing over Faction’s Services and that Faction does not monitor or exercise any editorial control over the information passing over Faction’s Services. Customer further acknowledges that Faction excludes all liability in respect of any transmission or reception of information of whatever kind, or the accuracy of the contents of such transmission, or the scrambling of any information or data
2. NETWORK AND SYSTEM SECURITY
Customer is prohibited from violating, or attempting to violate, system or network security. Any violations may result in criminal or civil liability to Customer. Faction will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network violations include, but are not limited to:
- Unauthorized monitoring or access to or use of the Services, data, networks, or systems, including any attempt to probe, scan or test the vulnerability of a network and or system or to breach security, disrupt network communication or authentication measures without proper authorization; or
- Interference with, or disrupting or disabling service to any user, host or network via means including, but not limited to, “overloading”, “flooding”, “mail-bombing”, “denial of service attacks” or “crashing”; or
- Sending, storage, or distribution of viruses, worms, Trojans, or other malware component harmful to a network or system; or
- Forging any TCP/IP packet header or any part of an email header or newsgroup posting; or
- Attempts to circumvent or alter any method of measuring or billing for the Services.
The sending of unsolicited electronic mail messages using the Services is explicitly prohibited. Emails may be considered unsolicited unless all recipients have explicitly opted in to receive such emails from the sender or are expecting to receive email from the sender.
All emails sent using the Services must include a valid “Reply to:” address under Customer’s control. Email message headers must not be missing, malformed or forged. Recipients must be able to request not to receive further email correspondence from Customer and in case of such request, Customer must comply with the request in a timely manner and no longer send email communications to the recipient.
Posting the same or similar message to more than one newsgroup, known as cross-posting, is prohibited.
Customer must not promote content hosted on Faction’s Services via the use of unsolicited electronic mail messages.
4. NETWORK ACCESS; IP PROTOCOLS AND STANDARDS
Faction’s Services may be used by Customer to access other networks worldwide, and Customer agrees to comply with Faction’s acceptable use policies and the policies of any other such networks. In addition, Customer will comply with any published Internet protocols and standards. If Customer does not comply with these protocols or standards, or if Customer makes profligate use of Faction’s Services to the detriment of Faction or other Faction customers, Faction reserves the right to restrict passage of Customer’s communications until Customer complies with such standards or protocols or provides undertakings acceptable to Faction with respect to Customer’s future use.