Acceptable Use Policy (AUP)

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Your services may be suspended or terminated for violation of this AUP in accordance with the The Scale My Site Terms of Service.

Capitalized terms used in this AUP shall have the meaning given in the Terms of Service.

Inquiries regarding this policy should be directed to abuse@scalemysite.com.

Abuse

You may not use The Scale My Site's network or Services to engage in, foster, or promote illegal, abusive, or
irresponsible behavior, including:

  • 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;
  • Interference with service to any user of the The Scale My Site or other network including, without limitation,
    mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • 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: (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 "ad/remove" tool); or
  • Any conduct that is likely to result in retaliation against the The Scale My Site network or website, or The
    Scale My Site'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

You may not use your Service in a way that unnecessarily interferes with the normal operation of the The Scale My Site
Cloud services generally. In such circumstances, we may require you to repair abnormalities in your code if the
operation of the code unnecessary conflicts with other customers' use of their services.

Bulk or Commercial E–Mail

You must obtain The Scale My Site's advance approval for any bulk or commercial e–mail, which will not be
given unless you are able to demonstrate, at a minimum, that:

  • your intended recipients have given their consent to receive e–mail via some affirmative means, such as an
    opt–in procedure;
  • your 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;
  • you retain evidence of the recipient's consent in a form that may be promptly produced on request, and you
    honor the recipient's and The Scale My Site's requests to produce consent evidence within 72 hours of
    receipt of the request;
  • You have 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; you honor revocations of
    consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in
    48 hours;
  • You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any
    website associated with the email, you must register that address at abuse.net, and you must promptly respond to
    messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You must not obscure the source of your e–mail in any manner. Your 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;
  • You must not attempt to send any message to an email address if 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 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
    the list were created by you.
  • The Scale My Site may test and otherwise monitor your compliance with its requirements, including requesting
    opt–in information from a random sample of your list at any time. In addition, The Scale My Site may
    block the transmission of email that violates these provisions.

Authenticated SMTP Policy

In addition to the requirements above, you may not send email messages of similar content through The Scale My Site's
SMTP servers to more than two–hundred and fifty (250) recipients. Attempts to circumvent this restriction by
breaking up bulk email over time, using multiple accounts, or other means will be a violation of this
restriction.

The Scale My Site may block mail that violates this AUP. In addition, your mail services may be suspended or
terminated for violation of this AUP in accordance with the Terms of Service.

Mail Relays

Generally, we do not allow bulk or commercial e–mail to be sent to more than five–thousand (5,000) users
per day at a rate of 250 messages every 20 minutes. If you would like to send more than 5,000 messages per day,
please contact a member of our support team for additional information.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a The Scale My Site system or network or
to breach The Scale My Site's security or authentication measures, whether by passive or intrusive techniques,
without The Scale My Site's express 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, such as IRC and USENET groups 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 The Scale My Site
services.

Offensive Content

You may not publish, transmit or store on or via The Scale My Site's network and equipment any content or links
to any content that The Scale My Site 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 you or to The Scale My Site;
    or
  • is otherwise malicious, fraudulent or may result in retaliation against The Scale My Site by offended viewers.
  • Content "published or transmitted" via The Scale My Site's network or equipment includes Web
    content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the
    Internet.

Copyrighted Material

You may not use The Scale My Site'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:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
    or
  • you are otherwise permitted by established copyright law to copy the work in that manner.

It is The Scale My Site's policy to terminate in appropriate circumstances the services of customers who are
repeat infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the The
Scale My Site network.

  • You may only use IP addresses assigned to you by The Scale My Site in connection with your The Scale My Site
    services.
  • You agree that if the The Scale My Site IP numbers assigned to your account are listed on an abuse database
    like Spamhaus, you will be in violation of this AUP, and The Scale My Site may take reasonable action to
    protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP
    numbers were listed as a result of your actions;
  • 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.

SLA

No credit will be available under your The Scale My Site Service Level Agreement for interruptions of service
resulting from AUP violations.

July 1, 2012