Acceptable Use Policy
This Acceptable Use Policy governs all use by any individual or entity (each “User”) of products and/or services provided by ServerCentral Network (“SCN”).
A. USE OF SCN PROPERTY
1. Illegal and Inappropriate Use. User shall not use, or permit use of, any products or services provided by SCN, or any other technology or other property or services of SCN to which User is provided access (collectively, “SCN Property”) except as expressly permitted by SCN, and shall fully comply with all applicable laws, rules and regulations in User’s use of SCN Property. Under no circumstances shall User use any SCN Property for any illegal, disruptive, damaging, offensive, intrusive or abusive purpose (as determined by SCN). Without limiting the generality of the foregoing, User shall not use any SCN Property to upload, post, distribute, transmit, disseminate, or otherwise make available any data, information or materials (including without limitation software and e-mail communications) that:
2. E-mail and Texts. In using SCN Property, User must comply with all applicable requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and the Telephone Consumer Protection Act. Under no circumstances may any SCN Property be utilized to transmit or distribute unsolicited bulk e-mail (“UBE” or “spam”). Likewise, the sending of UBE from another service provider advertising a website, e-mail address, services, or utilizing any resources hosted on any SCN network or server is prohibited. User must maintain an abuse role account e-mail address, “email@example.com.” This address should be exempt from spam filtering and will be used as SCN’s point of contact for communicating violations of this paragraph.
3. Interference. User shall not disable, disrupt or, interfere in any way with any other SCN customer's use of or access to any SCN Property.
4. Overloading. User shall not attempt to overwhelm any SCN Property or otherwise take any action that imposes an unreasonable or disproportionate large load on any SCN Property. In the event an excessive amount of SCN resources is utilized by User, SCN may, in its sole discretion, place limits on User’s utilization.
5. Denial of Service Attacks. User shall not take any action that may result in retaliation against any SCN or SCN Property, including any network thereof, including taking any action that results in any SCN server being targeted for a denial of service attack.
6. Unauthorized Access. User shall not attempt to gain unauthorized access to, or tamper with, the account, network, software or other data, information, materials or other property of any other SCN customer or SCN, or to otherwise circumvent any security measures implemented by SCN.
7. Impersonation. User shall not use any SCN Property to impersonate SCN or any other individual or entity (including by adding, deleting or altering header information of any messages transmitted over any SCN network) or otherwise misrepresent User or User’s association or relationship with SCN or any other individual or entity or commit any form of forgery.
8. Monitoring. User shall not eavesdrop on or otherwise monitor data or traffic on any SCN Property (including any SCN network) by other SCN customers without the prior authorization of such customers.
9. Harvesting. User shall not use any SCN Property to harvest e-mail addresses or otherwise gather, collect, distribute or use e-mail addresses or other personally identifiable information (e.g., phone numbers, Social Security numbers, credit card numbers), without the prior authorization of the person identified.
10. Vulnerability Testing. User shall not, without SCN’s prior written consent, attempt (i) to probe, scan, penetrate or test the vulnerability of any SCN Property (including any SCN network) or (ii) to circumvent, deactivate, impair or breach any security or authentication measures implemented by or on behalf of SCN.
11. PHI. User (i) acknowledges that not all of SCN’s Products and Services are designed to comply with the Health Insurance Portability and Privacy Act of 1996 (“HIPAA”), security standards, (ii) shall not, without the prior written consent of SCN and execution of SCN’s HIPAA Addendum to Master Products and Services Agreement, use any Products or Services to create, maintain, receive, transport or store any protected health information, as defined in 45 C.F.R. §164.501 (“PHI”), and (iii) shall use only those Products and/or Services that have been designated by SCN as “HIPAA Compliant” to create, maintain, receive, transport or store any PHI.
B. REPORTING OBLIGATIONS
User shall (i) immediately notify SCN of any event, condition, circumstance or activity of which User becomes aware that indicates a potential, actual or threatened (a) violation of this Acceptable Use Policy, or (b) breach or other compromise of the security of any SCN Property, and (ii) take all action reasonably requested by SCN to prevent or mitigate any such violation or security breach.
C. VIOLATION OF ACCEPTABLE USE POLICY
In addition to any other remedies to which SCN may be entitled for breach by User of this Acceptable Use Policy, in the event of violation by User of this Acceptable Use Policy, SCN (i) may (but is not obligated to), with or without notice to User, permanently or temporarily suspend User’s access to and right to use any SCN Property and/or, if applicable, remove or block access to any information, data or materials in violation of this Acceptable Use Policy; and (ii) may cooperate with law enforcement and other governmental authorities or other third parties in the investigation and prosecution of any actual or potential violation. IN NO EVENT SHALL SCN BE LIABLE TO USER FOR LIABILITY OF ANY KIND SUFFERED BY USER OR ANY OTHER PERSON ARISING IN WHOLE OR IN PART FROM SCN’S EXERCISE OF ITS RIGHTS UNDER THIS ACCEPTABLE USE POLICY.
D. MODIFICATIONS TO ACCEPTABLE USE POLICY
SCN reserves the right to modify this Acceptable Use Policy from time to time, in its sole discretion, and the modified Acceptable Use Policy shall be effective upon posting the modified Acceptable Use Policy on this website. Any use of SCN Property following such posting of the modified Acceptable Use Policy shall constitute acceptance of such modified Acceptable Use Policy.
E. INFRINGEMENT COMPLAINTS
If User believes any of User’s property has been posted, distributed, transmitted or stored using any SCN Property in violation of User’s copyrights or other intellectual property rights, please submit to SCN the written information specified below. Please note that this procedure is exclusively for notifying SCN that User’s intellectual property rights have been infringed.
SCN’s agent for notice of claims of copyright infringement or other intellectual property infringement via use of any SCN Property can be reached as follows:
Intellectual Property Agent
111 W. Jackson Blvd. Suite 1600
Chicago, IL 60604-3589