Acceptable Use Policy
This Acceptable Use Policy (this “Policy”) is incorporated into, and governed by the terms and conditions of, the Master Services Agreement to which it is attached or in which it is referenced (the “Agreement”). Capitalized terms used and not otherwise defined herein shall have the respective meanings set forth in the Agreement.
Ideal provides information technology infrastructure services (the “Services”) through Ideal’s public networks, private networks, servers, systems and facilities (the “Infrastructure”). Client acknowledges that it has read, understands, and agrees to be bound by this Policy. Ideal reserves the right, in its sole discretion, to make changes or updates to this Policy at any time. If any changes or updates are made to this Policy, Ideal will post a revised version of this Policy on its website, at which time such changes or updates shall become effective. These updates and changes will not apply to any dispute of which Ideal had actual notice prior to the posting of these update and changes. Client’s continued use of the Services or Infrastructure after any such changes or updates constitutes Client’s acceptance of these changes and updates. If Client does not agree to abide by this Policy, Client may not and will not use or access the Services or Infrastructure. Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither any course of conduct between Ideal and Client nor trade practice will act to modify any provision in this Policy. Ideal may assign its rights and duties under this Policy to any party at any time without further notice. If any provision of this Policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
2) Acceptable Use
Client shall use the Services in accordance with all applicable laws, rules, regulations (including, without limitation, export laws and encryption regulations), court orders or other legally binding requirements of governmental authorities (collectively, “Laws”). Client is solely responsible for any and all content, material and data that Client maintains, transmits, downloads, views, posts, distributes, or makes available using the Services or Infrastructure, and for any third-party claims arising out of such activities. Client shall not use the Services or Infrastructure to transmit, distribute or store material: (a) in violation of any Law; (b) in violation of this Policy, the terms of any applicable agreement between Ideal and Client or any other Ideal policy applicable to Client; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Infrastructure or Ideal’s services by others; or (d) in a manner that exposes Ideal to criminal or civil liability. Client shall cooperate with Ideal in investigating and correcting any breach of this Policy. Additionally, and without limiting the more general prohibitions of this Policy, Client shall not use the Services or Infrastructure, or assist anyone else, to engage in the following activities detailed in this Policy.
3) IP and Network Allocations
Client shall not use IP addresses or unique and reserved network identifications that were not assigned to Client by Ideal or authorized third parties. Ideal reserves the right to suspend the network access of any system utilizing this information outside of the assigned Service or range.
4) Client Security Obligations
Client must use reasonable care to ensure the security of each system. Client is solely responsible for any intrusions into, or security breaches of, any of its systems, except to the extent expressly provided for in, and covered by, a designated security administration or firewall security service contracted by Client with Ideal. Ideal reserves the right to disconnect without provision of service credit any Services that disrupt the Infrastructure or any device on Ideal’s network as a result of a security compromise.
Client shall not publish, transmit, distribute or store content, material, information or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive or hateful, or that advocates violence or threatens the health of others; (b) is harmful to or interferes with Ideal’s provision of Services, the Infrastructure, or any third party’s networks, equipment, applications, services, or websites; (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information; or (d) is fraudulent or contains false, deceptive or misleading statements, claims or representations.
Client shall not attempt to disrupt, degrade, impair, or violate the integrity or security of Ideal’s Services or Infrastructure or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, “viruses,” etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Ideal internet addressing space.
Client shall not: (a) transmit unsolicited bulk e-mail messages (“Spam”); (b) have third parties send out Spam on any client’s or user’s behalf; (c) receive replies from unsolicited e-mails; or (d) configure any e-mail server in such a way that it will accept third party e-mails for forwarding as an open relay. Bulk e-mails may only be sent to recipients who have expressly requested receipt of such e-mail messages via a verified opt-in process. If Client sends bulk e-mail, Client must maintain complete and accurate records of all e-mail subscription requests, specifically including the e-mail and associated headers sent by every subscriber and provide Ideal with such records promptly upon request. Client shall not use the Services or Infrastructure to (i) send e-mail messages that are excessive and/or intended to harass or annoy others, or (ii) send malicious e-mail of any kind.
8) Other Agreements and Policies
Client shall not violate any charters, policies, rules, or agreements made known by any search engines, subscription services, chat areas, bulletin boards, Web sites, or other services accessed via the Services or Infrastructure (“Site Rules”), including, without limitation, making any cross-postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings or activities that are inappropriate (as determined by Ideal at its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Site Rules. Client shall not violate the applicable acceptable use policies of other service providers when data, content, or other communications are carried across the networks of such providers.
9) Intellectual Property Infringement
Client shall not transmit, distribute, download, copy, cache, host, or otherwise store on a system any information, data, material, or work that infringes the intellectual property rights of others. Ideal has the right to disable access to, or remove, infringing content to the extent required under any Law, including, but not limited to, the Digital Millennium Copyright Act of 1998 (the “DMCA“). Ideal reserves the right to suspend or terminate Client’s use of the Services or Infrastructure in any manner that repeatedly violates Law.
10) Copyright Claims
The DMCA provides recourse for copyright owners who believe that material posted on sites hosted on the Infrastructure infringes their rights under U.S. copyright law. After proper notification by the copyright holder or its agent to Ideal, Ideal may suspend the access of Client if its users or customers use the Services or Infrastructure to unlawfully transmit copyrighted material without a license, valid defense, or fair use privilege to do so. If it is believed that copyright rights are being infringed through the use of the Services or Infrastructure, please contact Ideal at email@example.com.
11) Rights and Actions
Client’s failure to comply with this Policy may result in Ideal taking actions ranging from a warning to a suspension or termination of Client’s use of the Services and/or Infrastructure, including, but not limited to: (a) disabling access to Client’s content or services that violates this Policy; (b) removal of DNS records from Services; (c) blocking mail or any other network service; or (d) blocking IP addresses from Services that violate this Policy. Ideal reserves the right to act immediately and without notice to suspend or terminate affected Services and Client access to the Services and Infrastructure in response to a court order or governmental notice that certain conduct must be stopped or in the event that Ideal determines that Client’s conduct or breach may: (i) expose Ideal to sanctions, prosecution, civil action or other liability; (ii) cause harm to or interfere with the Infrastructure or Ideal’s networks connected with the Infrastructure or Services; (iii) interfere with another client’s use of the Services or Infrastructure; (iv) violate any Law; or (e) otherwise present an imminent risk of harm to Ideal or its clients.
Ideal has no obligation to monitor content or material published, transmitted, accessed, received, distributed or stored using the Services or Infrastructure, but reserves the right to do so, should that method not break or avoid any confidentiality agreements already in place. Ideal further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this Policy or violations of Law through the Services or Infrastructure, including disclosing the identity and IP address of any user that Ideal believes is or may be responsible for such violation. Ideal also reserves the right to implement technical mechanisms to prevent violations of this Policy. Nothing in this Policy shall limit in any way Ideal’s rights and remedies at law or in equity that may otherwise be available. If Client provides services to its clients or customers through the Services or Infrastructure, Client shall be solely responsible for contractually passing on the restrictions of this Policy to such parties and their end-users and to take steps to ensure such parties’ compliance herewith.
Ideal respects the privacy of every User who visits its websites, uses its services, and subscribes to its offerings. This Policy does not cover any client-specific data that might be used or obtained through other projects and Statements of Work. Ideal reserves the right, in its sole discretion, to make changes or updates to this Policy at any time. If any changes or updates are made to this Policy, Ideal will post a revised version of this Policy on its website, at which time such changes or updates shall become effective. These updates and changes will not apply to any dispute of which Ideal had actual notice prior to the posting of these update and changes. Your continued use of Ideal’s services or websites after any such changes or updates constitutes your acceptance of these changes and updates.
2) Personally Identifiable Information
The information Ideal obtains from you is necessary or useful for Ideal to provide the products and services or information you have requested and to design new services for your future use and is provided directly by you in response to our request for the information. In connection with the products and services that Ideal provides, we may ask you to provide your name, physical address, ZIP code, phone number, e-mail address and the type of services received or requested. Your submission of such information online is deemed your consent to our use of the information as contemplated in this Policy.
3) Children and Privacy
Ideal’s services and websites are designed for consumption by businesses and adults. We do not knowingly collect information from or about children under 13 years of age.
4) Information Usage
Ideal limits the information we collect to what is required or helpful in providing services and products to you. We may also collect information that is relevant to you but does not personally identify you. If we collect personal information for a reason other than as specified in this Policy, we will obtain your consent before or at the time the information is collected or as otherwise permitted by applicable law. Ideal uses the information that it collects from you to provide the products and services or information that you have requested, to personalize your experience with our services, to provide client support, to enforce our agreements and policies, to resolve disputes, to improve our marketing and promotional efforts, and to design new services for your future use. Ideal may also use the information to notify you about new products and services or offers that we may have available, to provide news about Ideal, and to send you notifications about planned maintenance related to our infrastructure or about incidents which might impact your services.
5) Sharing of Information
Ideal shares User information within our company to enable us to better understand Users’ service needs, and to learn how to best design, develop and deliver services to meet those needs. We use Users’ personal information only for the outlined purposes, and we do not sell, rent or lease Users’ personal information to unaffiliated third parties without Users’ explicit consent. To provide our products and services, we may use third party service providers for routine services such as hiring other companies to provide services on our behalf, including processing and delivery of mailings, providing client support and service offerings, processing transactions, or performing statistical analysis of our services. In such cases, Ideal provides only the information necessary to ensure that the service is delivered, and Ideal requires that the service provider sign a non-disclosure agreement (an “NDA”), if necessary, consenting to keep your information confidential and secure and limiting its use of your information to the purposes for which it was disclosed. Ideal may access and/or disclose your information if required to do so by law or in the good faith belief that such action is necessary. Situations requiring this include: (a) to conform to the mandates of the law or comply with legal process served on Ideal; (b) to protect and defend the rights or property of Ideal; (c) to act in urgent circumstances to protect the personal safety of users of our services or members of the public; or (d) to respond to legal requests. While we use commercially reasonable efforts to ensure that our use and disclosure of your personally identifiable information is consistent with this Policy, we cannot ensure that your communications with us will never be disclosed in ways not otherwise described in this Policy.
6) Data Retention and Security
We maintain our databases and systems in accordance with general industry standards to reasonably secure all our commercial information, including information about you. All your information is retained in a system with security features, and we provide access to these records only to our employees, third party service providers, and authorized representatives having a need to know it and who are bound by NDA’s. As to our employees, access is limited to those employees who require such access in the execution of their duties. Ideal will retain your information for as long as needed to (a) provide you with the products and services, (b) fulfill the purpose for which the personal information was originally collected, (c) comply with legal obligations and service contracts, or (d) enforce our agreements. Depending on the contract and data retention period agreed upon, this data may be stored beyond the lifetime of the contract or service agreement.
7) Public Internet Information
8) Testimonials and References
Ideal may post and utilize User comments, testimonials, and other business-cases presented to us on our websites. This information and publicity would only be done with your prior consent.
9) Review and Report
By providing your information to Ideal, you consent to our use of your personal information for the purposes outlined in this Policy. We do not collect personally identifiable information about you on our websites without your knowledge or consent, and all such information we collect you are providing to us. You are not required to provide us with this information. However, if you choose not to provide such information (for example, by rejecting or turning off cookies) or withdraw your consent to collect, use and disclose your information, we may not be able to provide you with all of your subscribed services in a timely or consistent fashion. We will not send solicitations via e-mail to you if you request that they not be sent. On each e-mail you receive, you are given the opportunity to unsubscribe. Once you unsubscribe, you will no longer receive such e-mails. If you decide to withdraw or refuse your consent, our ability to communicate with you may be diminished and you may limit your access to services that may be of value to you. If you have questions regarding this Policy, your personal information collected via our websites, or wish to change or delete such data from our systems, please contact us at firstname.lastname@example.org. We will provide you with copies of records we have regarding your relationship with us, unless applicable law provides otherwise. If you feel that the information in your files is inaccurate at any