Acceptable Use Policy

This policy applies to information use of NetActuate site www.netactuate.com and all affiliated websites that link to this Policy (collectively referred to herein as the “Sites”, “NetActuate”, “we” or “us”).

This NetActuate Acceptable Use Policy (“AUP”) is incorporated in and forms an integral part of the NetActuate Terms of Service (“TOS”) of NetActuate Inc., a Delaware corporation. All capitalized terms used in this AUP shall have the meaning set forth in the TOS, unless otherwise expressly provided.

Last Updated:
April 12, 2016

Contacting NetActuate Regarding Violation of this AUP

E-mail addresses used to contact NetActuate are set out within this AUP. Please note, that NetActuate has created special addresses for certain types of complaints. Complaints misdirected by a customer or end user may not be responded to. Complaints submitted to NetActuate are not confidential and may be forwarded to NetActuate’s customer or law enforcement, without notice. NetActuate does not recognize requests that complaints be kept confidential, and will not honor those requests.

Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent to [email protected]. Complainants should include as much detail as possible. Relevant E-mails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue.

NetActuate recognizes that it is often expedient to request that NetActuate take action related to a customer or end user. However, NetActuate is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate Net Actuate to take any specific action.

To the fullest extent of the law, you assume full responsibility for the use of and Content associated with your NetActuate Service, Your Servers and any websites connected to Your Servers. For purposes of this Agreement, You represent and warrant that you have the full rights, authorizations, licenses and permissions to use the Content and email address(es) that you choose and use in connection with any websites on Your Servers, and to use the NetActuate Service in the manner in which it was intended. To the fullest extent of the law, you assume full responsibility for any Content posted on Your Servers by third parties. You agree to use the NetActuate Services only for lawful purposes and to not misuse our NetActuate Services. The laws of the State of California, and the United States of America apply to this Agreement and your use of the NetActuate Service. The following represents a partial listing of activities that are prohibited when using the NetActuate Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. The NetActuate Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:

• Content or services that violate any applicable export and re-export control laws and regulations;
• Content that is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, or hateful;
• Content that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number or other national identity number, non-public telephone number, address or email address;
• Content that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child, or content that is directed at a child and is objectively reasonably inappropriate for that child;
• Content that contains any malware, including, but not limited to, software viruses, Trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
• Content that infringes on any right of any person or party, including, but not limited to a person’s or party’s right to privacy or intellectual property rights;
• Activity that causes NetActuate’s systems or any of our IP ranges to be placed on any “black hole” list or any other mail filtering software used by companies on the Internet;
• Unsolicited or bulk email (SPAM), including, but not limited to, using NetActuate’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. You agree to comply fully with the CAN-SPAM Act and any amendments thereto;
• “Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
• Content or services that threatens or disrupts NetActuate’s other customers, or NetActuate’s business, systems or services;
• Content that contains material that, in our sole judgment, is pornographic, sexually explicit, obscene or violent in nature;
• Content that is designed or used to hack or break into remote systems;
• Content that is setup to function as an open http proxy;
• Content that is designed or used to commit or facilitate any “phishing” attack;
• Content that, in our sole judgment, is designed to function as a bitorrenting, pirated software website or illegal or unlicensed software or “warez” website;
• Content that, in our sole judgment, is designed to function as a “Tor relay” service or website;
• Content that contains URL shortener validation software;
• Content that, in our sole judgment, is designed or used to exploit, extract or otherwise gather any content or information from any NetActuate database, including, but not limited to, incorporating data from any NetActuate database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
• Content that, in our sole judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);
• Content that is used to run any process that makes use of “unused” CPU. This includes, but is not limited to, bitcoin mining, SETI@Home, Folding@Home, etc. and
• Content that, in our sole judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; bruteforce programs/scripts/applications; mail bombers/spam scripts; banner-ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker focused sites/archives/programs; fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com); push button mail scripts; broadcast or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.); “tell a friend scripts”; anonymous or bulk SMS gateways; websites advertised via SPAM (“Spamvertised”); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc.); or mailer pro.

You agree to advise any person to whom you give access to administer or use your NetActuate Service of this Acceptable Use Policy and to take all necessary actions to ensure that the use of any third party of your NetActuate Service is in conformity with your obligations herein and applicable law.

You further agree to address and remedy any use of your NetActuate Service that is in violation of this Agreement, whether or not you were the author of the Content or responsible for its presence on Your Servers, as quickly as possible, and to take all reasonable steps to ensure that the violation does not repeat. Upon our request, you agree to provide us with any documentation demonstrating your ownership of or rights to use your Content.

Additionally, you agree to cooperate in identifying any third party that may have contributed to your Content or had access to Your Servers.

You understand and agree that NetActuate is solely acting as a common carrier in its capacity of providing the NetActuate Service or public access to any Content, is not a publisher of any material or information and has no right to edit or censor any Content or material in use by you (unless pursuant to any local, state or federal law, or any section of this Agreement). We are not responsible for and do not undertake pre-screening of any Content.