Capitalized words shall have the same meaning as defined in the Cloud Services Agreement.
Customer’s Services may be suspended or terminated for violation of this AUP in accordance with the Milner Technologies, Inc. (Milner) Cloud Services Agreement.
Customer may not use Milner's network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Use of an Internet account or computer without the owner's authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the Service to distribute software that covertly gathers information about a User or covertly transmits information about the User;
- Use of the Service for distribution of advertisement delivery software unless: (a) 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 (b) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool); or
- Any conduct that is likely to result in retaliation against Milner’s network or website, or Milner'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).
Excessive Use of System Resources
Customer may not use any shared system provided by Milner 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, Milner may prohibit the automated or scripted use of Milner’s mail services if it has a negative impact on the mail system, or Milner may require Customer to repair coding abnormalities in Customer’s cloud-hosted code if it unnecessarily conflicts with other Milner customers’ use of the Services.
Bulk or Commercial E-Mail
Customer must obtain Milner's advance approval for any bulk or commercial e-mail, which will not be given unless Customer is able to demonstrate, at a minimum, that:
- Customer’s intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Customer’s procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- Customer retains evidence of the recipient's consent in a form that may be promptly produced on request, and Customer honors the recipient's and Milner's requests to produce consent evidence within 72 hours of receipt of the request;
- Customer has procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; Customer honors revocations of consent within 48 hours, and Customer notifies recipients that the revocation of their consent will be implemented in 48 hours;
- Customer must post an email address for complaints (such as email@example.com) in a conspicuous place on any website associated with the email, Customer must register that address at abuse.net, and Customer must promptly respond to messages sent to that address;
- Customer has the means to track anonymous complaints;
- Customer must not obscure the source of its e-mail in any manner. Customer’s e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail; and
- Customer must not attempt to send any message to an email address if three (3) consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using the Services, or to messages sent from any network by Customer or any person or entity on Customer’s behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, Customer 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 the list were created by Customer.
Milner may test and otherwise monitor Customer’s compliance with its requirements, including requesting opt-in information from a random sample of Customer’s list at any time. In addition, Milner may block the transmission of email that violates these provisions.
Customer may not attempt to probe, scan, penetrate or test the vulnerability of a Milner system or network or to breach Milner's security or authentication measures, whether by passive or intrusive techniques, without Milner's express written consent. Customer shall be liable to Milner and its other customer for damages caused by any Customer induced vulnerability testing that was not approved by Milner’s advance, written authorization.
Customer may not publish, transmit or store on or via Milner’s network and equipment any content or links to any content that Milner reasonably believes:
- constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
- 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;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- infringes on another person’s copyright, trade or service mark, patent or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to Customer or to Milner; or
- is otherwise malicious, fraudulent or may result in retaliation against Milner by offended viewers.
Customer may not use Milner's network or Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:
- Customer has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- Customer is otherwise permitted by established copyright law to copy the work in that manner.
It is Milner's policy to terminate in appropriate circumstances the Services of customers who are repeat infringers.
Customer must have valid and current information on file with its domain name registrar for any domain hosted on the Milner network.
Customer may only use IP addresses assigned to it by Milner in connection with Services.
Customer agrees that if the Milner IP numbers assigned to Customer’s account are listed on an abuse database like Spamhaus, Customer will be in violation of this AUP, and Milner may take reasonable action to protect its IP numbers, including suspension and/or termination of Customer’s Service, regardless of whether the IP numbers were listed as a result of Customer’s actions.
Customer agrees that Milner 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.
Customer agrees that if it registers a DNS record or zone on Milner managed or operated DNS servers or services for a domain of which Customer is 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, Milner may modify, transfer, or delete such records or zones.