Terms of Use Policy
This Terms of Use Policy (“TOU”) describes
activities that are not allowed on Trimark hosted servers and/or T1-S Vantage.
The TOU is incorporated in your Hosting Agreement with Trimark.
Inquiries regarding this policy should be directed
to Trimark Operation Center.
Abuse
You may not use Trimark's hosted servers and/or
T1-S Vantage to engage in, foster, or promote illegal, abusive, or
irresponsible behavior, including:
·
Any activity or conduct that is likely to be in
breach of any applicable laws, codes or regulations, including data protection
and privacy laws and laws relating to unsolicited commercial electronic
messages;
·
Use of an internet account or computer without the
owner's authorization;
·
Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
express authorization of the owner of the system or network;
·
Monitoring data or traffic on any network or system
without the express authorization of the owner of the system or network;
·
Introducing intentionally, knowingly or recklessly,
any virus or other contaminating code into the Services;
·
Collecting or using information, including email
addresses, screen names or other identifiers, by deceit, (such as, phishing,
Internet scamming, password robbery, spidering, and harvesting);
·
Use of any false, misleading, or deceptive TCP-IP
packet header information in an email or a newsgroup posting;
·
Distributing software that covertly gathers or
transmits information about a user;
·
Distributing advertisement delivery software
unless: (i) the user affirmatively consents to the download and installation of
such software based on a clear and conspicuous notice of the nature of the software,
and (ii) the software is easily removable by use of standard tools for such
purpose included on major operating systems (such as Microsoft's “add/remove”
tool);
·
Any conduct that is likely to result in retaliation
against the Trimark network or website, or Trimark's employees, officers or
other agents, including engaging in behavior that results in any server being
the target of a denial of service attack (DoS);
·
Any activity intended to withhold or cloak identity
or contact information, including the omission, deletion, forgery or
misreporting of any transmission or identification information, such as return
mailing and IP addresses;
·
Interference with service to any user of the Trimark
or other network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks;
·
Any action which directly or indirectly results in
any of our IP space being listed on any abuse database (i.e. Spamhaus);
·
Conducting any gambling activity in violation of
any required licenses, codes of practice, or necessary technical standards
required under the laws or regulations of any jurisdiction in which your site
is hosted or accessed; or
·
Transmitting or sharing identification and/or password codes to
persons other than the Users for whom such codes were generated, or permit
Users to share identification and/or password codes with others;
·
Permitting the identification and/or password codes to be cached
in proxy servers and accessed by individuals who are not Users;
·
Permitting access to Trimark's hosted servers
and/or T1-S Vantage through a single identification and/or password code
being made available to multiple users on a network, or through any other
software or hardware tool enabling access or use of the Licensed Software or Application
Services by multiple users which are not Authorized Named Users; or
·
Permitting any person without valid identification and/or
password codes to attempt to access Trimark's hosted servers
and/or T1-S Vantage.
·
Any action that is otherwise illegal or solicits
conduct that is illegal under laws applicable to you or to Trimark.
Offensive Content
You may not publish, transmit or store on or via Trimark’s
hosted servers and/or T1-S Vantage any content or links to any content that Trimark
reasonably believes:
·
Constitutes, depicts, fosters, promotes or relates
in any manner to child pornography, bestiality, non-consensual sex acts, or
otherwise unlawfully exploits persons under 18 years of age;
·
Publish, transmit or store any content or links to
any content that is excessively violent, incites violence, threatens violence,
contains harassing content or hate speech, creates a risk to a person’s safety
or health, or public safety or health, compromises national security or
interferes with an investigation by law enforcement;
·
Is unfair or deceptive under the consumer
protection laws of any jurisdiction, including chain letters and pyramid
schemes;
·
Is defamatory or violates a person’s privacy; or
·
Is otherwise malicious, fraudulent, morally
repugnant.
Live Events
You may not use your Trimark hosted servers and/or
T1-S Vantage to stream live sex acts of any kind, even if the content would
otherwise comply with the TOU.
No High Risk Use
You may not use Trimark hosted servers and/or T1-S
Vantage in any situation where failure or fault of the Services could lead to
death or serious bodily injury of any person, or to physical or environmental
damage.
Mail Requirements
You must comply with the laws and regulations
applicable to bulk or commercial email in your jurisdiction. In addition, your
bulk or commercial email must meet the following requirements:
·
You must have a Privacy Policy posted for each
domain associated with the mailing;
·
You must have the means to track anonymous
complaints; and
·
You must not obscure the source of your e-mail in
any manner.
·
You must post an email address for complaints (such
as abuse@yourdomain.com) in a conspicuous place
on any website associated with the email, and you must promptly respond to
messages sent to that address;
·
Your intended recipients have given their consent
to receive e-mail via some affirmative means, such as an opt-in procedure, and
you can produce the evidence of such consent within 72 hours of receipt of a
request by the recipient or Trimark;
·
You must use reasonable means to ensure that the
person giving consent is the owner of the e-mail address for which the consent
is given;
·
You must include the recipient's e-mail address in
the body of the message or in the "TO" line of the e-mail.
·
You must honor revocations of consent and notify
recipients of the same;
These policies apply to messages sent using the
Services, or to messages sent from any network by you or any person on your
behalf that directly or indirectly refer the recipient to a site hosted via the
Services. In addition, you may not use a third party e-mail service that does
not practice similar procedures for all its customers. These requirements apply
to distribution lists created by third parties to the same extent as if you
created the list.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or
test the vulnerability of Trimark’s host server and/or hosted instance of T1-S
Vantage, or to breach the Trimark security or authentication measures, whether
by passive or intrusive techniques. Additionally, you may not perform
such testing of your own Hosted System without Trimark’s prior written consent.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for
postings to any bulletin board, chat group or other forum in which you
participate including their rules for content and commercial postings. These
groups usually prohibit the posting of off-topic commercial messages, or mass
postings to multiple forums.
You must comply with the rules of any other network
you access or participate in using your Trimark Services.
Export Control
Trimark hosted servers and/or hosted instances of
T1-S Vantage may not be used in violation of export laws, controls, regulations
or sanction policies of the United States or your applicable
jurisdiction. The Services may not be used by persons, organizations,
companies or any such other legal entity or unincorporated body, including any
affiliate or group company, which is involved with or suspected of involvement
in activities or causes relating to: illegal gambling; terrorism; narcotics
trafficking; arms trafficking or the proliferation, development, design, manufacture,
production, stockpiling, or use of nuclear, chemical or biological weapons,
weapons of mass destruction, or missiles; in each case including any
affiliation with others whatsoever who sponsor or support the above such
activities or causes.
Intellectual Property and Other Proprietary Rights
You may not use Trimark servers and/or T1-S Vantage
in a manner that infringes on or misappropriates the rights of a third party in
any work protected by copyright, trade or service mark, invention, or other
intellectual property or proprietary information. For example:
·
You may not use Trimark servers and/or T1-S Vantage
to download, publish, torrent, distribute, use, or otherwise copy in any manner
any text, music, software, art, image, or other work protected by copyright law
unless you have permission from the owner of the work to use or copy the work
in that manner, or you are otherwise permitted by established intellectual
property law to copy or use the work or rights in that manner;
·
You may not use Trimark servers and/or T1-S Vantage
to publish content intended to assist others in defeating technical copyright
protections; and
·
You may not display another person's trademark
without permission.
In addition, you may not use the Services to
publish another person's trade secrets, or to publish information in violation
of a duty of confidentiality. It is Trimark's policy to terminate the
services of customers who are repeat infringers in appropriate circumstances.
Cooperation with Investigations and Legal Proceedings
If we are legally required to permit any relevant
authority to inspect your content or traffic, you agree we can do so; provided
however that, where possible without breaching any legal or regulatory
requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the
appropriate authorities any conduct by you that we believe violates applicable
law, and provide any information we have about you, or your users or your
traffic and cooperate in response to a formal request from a law enforcement or
regulatory agency investigating any such activity, or in response to a formal
request in a civil action that on its face meets the requirements for such a
request.
Excessive Use of Shared System Resources
You may not use any shared system provided by Trimark
in a way that unnecessarily interferes with the normal operation of the shared
system, or that consumes a disproportionate share of the resources of the
system. For example, we may require you to repair coding abnormalities in your
Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use
of the Cloud. You agree that we may quarantine or delete any data stored on a
shared system if the data is infected with a virus, or is otherwise corrupted, and
has the potential to infect or corrupt the system or other customers' data that
is stored on the same system.
Third Party Conduct
You are responsible for violations of this TOU by
anyone using your Services with your permission or on an unauthorized basis as
a result of your failure to use reasonable security precautions. Your use of
the Services to assist another person in an activity that would violate this TOU
if performed by you is a violation of the TOU.
You must use reasonable efforts to secure any
device or network within your control against being used in breach of the
applicable laws against spam and unsolicited email, including where appropriate
by the installation of antivirus software, firewall software and operating
system and application software patches and updates. Our right to suspend or
terminate your Service applies even if a breach is committed unintentionally or
without your authorization, including through a Trojan horse or virus.
Other
·
You must have valid and current information on file
with your domain name registrar for any domain hosted on the Trimark network.
·
You may only use IP addresses assigned to you by Trimark
in connection with your Trimark services.
·
You agree that if you register a DNS record or zone
on Trimark managed or operated DNS servers or services for a domain of which
you are not the registrant or administrative contact according to the
registrars WHOIS system, that, upon request from the registrant or
administrative contact according to the registrars WHOIS system, Trimark may
modify, transfer, or delete such records or zones.
·
You may not register to use any Services under a
false name, or use an invalid or unauthorized credit card in connection with
any Services.
Changes to the TOU
The Internet is still evolving, and the ways in
which the Internet may be abused are also still evolving. Therefore, we may
from time to time amend this TOU to further detail or describe reasonable
restrictions on your use of our Services by publishing a revised version of the
TOU, or in the event of a material adverse change to the TOU, by providing you
thirty (30) days written notice.
The revised TOU will become effective as to you on
the first to occur of: (i) your execution of a new or additional
agreement for all or part of your Hosted System that incorporates the revised TOU
by reference, (ii) the first day of a renewal term for an Agreement that begins
at least thirty (30) days after the time that the revised TOU has been posted,
or (iii) thirty (30) days following our written notice to you of a material
change to the TOU.
If your compliance with the revised TOU would
adversely affect your use of the Hosting Services, you may elect to terminate
the Agreement by giving Trimark written notice of your objection no later than
thirty (30) days following the date that the revised TOU would otherwise have
become effective as to you. We will not charge you an early termination
fee for a termination on these grounds. If you elect to terminate, you may
continue using the Services for up to an additional ninety (90) days and we
will not enforce the revision as to you during this time, you will continue to
be subject to the prior version. If you choose to terminate your Services
under this Subsection, we may decide to waive that change as to you and keep
your Agreement in place for the remainder of the term.
Consequences of Violation of TOU
If you breach the TOU we may suspend or terminate
your Services in accordance with the Agreement. We may intercept or block any
content or traffic belonging to you or to users where Services are being used
unlawfully or not in accordance with this TOU.
Trimark may disclose any information in its possession,
including, without limitation, information about Licensee, internet
transmissions and website activity in order to (i) comply with a court order,
subpoena, summons, discovery procedure or governmental request, (ii) to protect
Trimark or others from harm, and/or (iii) to ensure the proper operation of the
Licensed Software and the Services.
No credit will be available under the Trimark
Service Level Agreement for interruptions of service resulting from any TOU
violation.