Acceptable Use Policy
This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and services of Performive L.L.C. including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Performive L.L.C. network and the products and services Performive L.L.C. offers to its customers. Performive L.L.C. reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Performive L.L.C.’s products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service. What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
- Posting, transmission, re-transmission, or storing material on or through any of Performive L.L.C.’s products or services, if in the sole judgment of Performive L.L.C. such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; or (c) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
- Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
- Deceptive marketing practices.
- Actions that restrict or inhibit anyone – whether a customer of Performive L.L.C. or otherwise – in his or her use or enjoyment of Performive L.L.C.’s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.
- Introduction of malicious programs into the Performive L.L.C. network or servers or other products and services of Performive L.L.C.(e.g., viruses, trojan horses and worms).
- Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information. This also includes no IRC on the network
- Executing any form of network monitoring that will intercept data not intended for the customer.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
- Failing to comply with Performive L.L.C.’s procedures relating to the activities of customers on Performive L.L.C.-owned facilities.
- Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of Performive L.L.C.’s products or services.
- Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail “spam”).
- Sending email to any European or GDPR related addresses without proper opt-in procedure. Performive is not responsible for these mailing lists or any requirements to maintain. Keep documentation on how you received consent for those that are opt-in.
- Harassment, whether through language, frequency, or size of messages.
- Unauthorized use or forging of mail header information.
- Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
- Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
- Use of unsolicited E-mail originating from within the Performive L.L.C. network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Performive L.L.C. or connected via the Performive L.L.C. network.
- Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
- Clients that store personal information of GDPR countries that don’t allow clients to remove that personal information any time they wish.
- Sites that don’t require parental consent when minors of GDPR related countries enter personal information.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.
Performive L.L.C. may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Performive L.L.C. attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Performive L.L.C. reserves the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice
Performive L.L.C. makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Performive L.L.C. technology, and makes no guarantee that any other entity or group of users will be included or excluded from Performive L.L.C.’s network. In addition, Performive L.L.C. may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
If you are unsure of whether any contemplated use or action is permitted, please contact Performive L.L.C. at Abuse@performive.com