From time to time ILGM may impose rules and regulations regarding the use of its services. Such rules and regulations are contained herein—and referred to as our Acceptable Use Policy (AUP). ILGM reserves the right to modify this document at any time, effective upon either the posting of the modified AUP to our website, or notification via email of the modified AUP. By using any of our services, or licensing any of our products, you agree to abide by the AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as ILGM deems appropriate. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
VIOLATION IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ILGM. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF OUR SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF OUR SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, DATABASE FILES, IMAGES AND DOMAIN NAMES. IT IS ILGM’S POLICY TO TERMINATE REPEAT OFFENDERS. ILGM RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer Security Responsibilities
You are solely responsible for any breaches of security affecting any database you have access to. If you are involved in an attack, your service may be shut down and an immediate investigation may be launched to determine the cause/source of the attack. If it is deemed that such a breach is caused by you, then you will be responsible for the cost to rectify any damage done due to the security breach. The labor used to rectify any such damage is billable at ILGM’s posted emergency service rate.
System And Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. ILGM may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Violators of this policy are responsible, without limitation, for the cost of labor to correct any damage done to the operation of the network and business operations supported by ILGM, and to respond to complaints incurred by ILGM. Labor used to rectify any such damage is billed at ILGM’s posted emergency service rate. ILGM is concerned with the privacy of online communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service—all of which can be intercepted and otherwise compromised. As a matter of prudence, ILGM urges you to assume that all your online communications are insecure. ILGM cannot take responsibility for the security of information transmitted over our network—or the Internet.
Upon purchase of our products/services, ILGM provides a default username and password to access our network. You are encouraged to change your password immediately following your first login. We also encourage you to change your password regularly in order to protect your data, and our network. You are responsible for protecting your password and for any authorized or unauthorized use made of your password. You will NOT use or permit anyone to access ILGM’s service to guess passwords, access your system, access other systems or networks without authorization. ILGM will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Software Piracy Policy—Copyright Infringement
ILGM services may only be used for lawful purposes. Transmission, distribution, display or storage of any information, data or material in violation of United States or state regulation or law, or common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail. ILGM will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Customers have a responsibility to use ILGM services responsibly. This includes respecting other ILGM customers. ILGM reserves the right to suspend and or cancel service with any customer who uses our services in such a way that adversely affects other ILGM customers. This includes but is not limited to:
- Attacking or attempting to gain unauthorized access to servers and services that belong to ILGM or its customers (i.e. computer hacking), and/or
- Participating in behavior which results in reprisals that adversely affect our network or other customers’ access to ILGM services.
ILGM will react strongly to any use or attempted use of a customer account without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (fooling other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts by an ILGM customer, whether or not the attacked account or computer belongs to ILGM, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action—depending on the seriousness of the attack. Any attempt to undermine or cause harm to any ILGM server, or customer of ILGM—is strictly prohibited. ILGM will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
All services may be used for lawful purposes only. Transmission, storage, or display of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content. Using any ILGM product or service for the purpose of participating in any activity dealing with subject matter that is prohibited under applicable law is prohibited.
Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with the use of ILGM products or services is prohibited. Using ILGM services to solicit the performance of any illegal activity is also prohibited—even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution—is prohibited.
Services hosted within the ILGM network are open to the public. You are solely responsible for your usage of ILGM services and any statement you make on websites hosted within the ILGM network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
Child Pornography on the Internet
ILGM will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ILGM network, and will be liable for illegal material posted by their clients. Violations of the Child Protection Act will be reported to the U.S. Customs Agency at 1-800-BEALERT
Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)
UCE is defined as any electronic communication sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication. UBE is defined as any electronic communication to multiple recipients who have not agreed to receive such communication.
Use of ILGM services to transmit any unsolicited commercial or unsolicited bulk-e-mail is expressly prohibited. ILGM also prohibits the sending of any fraudulent, malicious, harassing, false or misleading electronic communications, including, without limitation, chain letters, pyramid schemes, or e-mails with forged headers. Posting off-topic advertisements to Usenet discussion groups, Instant Messaging services, etc., is also expressly prohibited. Additionally, ILGM customers are expressly prohibited from sending any UCE/UBE from our network or any email from another network that in any way references a document, image, or website that resides on the ILGM network. Violations may result in the termination of the offending account. You are ultimately responsible for any violations of the AUP by your clients, and any violation of the AUP by a client of an ILGM customer shall be deemed a violation of the AUP by such ILGM customer.
Customers whose actions directly or indirectly result in ILGM IP space being listed in any of the various abuse databases may be subject to having the offending domain(s), server(s), or user(s) immediately removed from our network. In addition, if ILGM in its sole discretion determines that a customer is in violation of our AUP, ILGM may, at its sole discretion, restrict, suspend or terminate a customer’s account. ILGM will, in most cases, attempt to contact a customer prior to suspension or termination of an account(s), but can not guarantee prior notification. Any service suspended or terminated for AUP violations will be reconnected only after the customer agrees to cease all activities that violate the ILGM AUP and pays all applicable reconnect fees, damages and/or related charges. Any service suspended a second time for AUP violations WILL be immediately and permanently removed from our network. Customers that ILGM determines in its sole discretion to be in violation of the ILGM AUP may be subject to additional fees or fines including, without limitation—any applicable reconnect fees. Violation of ILGM’s UCE/UBE policy may be reported to email@example.com.
Guidelines for Permission-Based Email
Although ILGM prohibits the sending of unsolicited email (UCE/UBE) as described above, you MAY send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as ‘opt-in’ electronic marketing. You must at a minimum comply with the following guidelines, and any additional guidelines established by ILGM from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:
- All commercial or bulk email originating from you must have a working unsubscribe link. You must honor all requests to unsubscribe within 72 hours.
- All commercial or bulk email originating from you must clearly list the email address to which the email was originally sent (the intended recipient’s email address) in the ‘TO:’ line of the email.
- All ILGM customers sending commercial or bulk email must have a working abuse@ YourDomain.com address from EVERY domain associated with the email campaign. Additionally, the abuse@ address must be prominently posted on the contact information page of the associated web site. You must regularly answer any messages sent to the abuse@ address.
- ILGM reserves the right to determine in its sole discretion the validity of any email list.
- Any list ILGM determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
- ILGM reserves the right to test and otherwise monitor your compliance with the above guidelines and requirements at any time during the term of service at ILGM.
- If ILGM determines in its sole discretion that you are not in strict compliance with the guidelines for permission-based e-mail marketing, then ILGM may immediately suspend or terminate your service.
If ILGM in its sole discretion determines that a customer has become the source of any violation concerning the Acceptable Use Policy (AUP), ILGM reserves the right to suspend your account. While ILGM will attempt to contact the customer before suspending access to the customer’s data, prior notification to the customer is not assured. In certain cases, ILGM will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their data before, during and after the suspension period.
ILGM reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by ILGM if ILGM institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer. In the event of cancellation due to inappropriate activity, all client data (including databases, customer lists, email, etc) will be seized by ILGM and returned when payment of outstanding services and additional costs are paid in full to ILGM.
ILGM wishes to emphasize that in signing the Master Services Agreement, customer indemnifies ILGM for any violation of the Master Services Agreement, law or AUP that results in loss to ILGM or the bringing of any claim against ILGM by any third-party. This means that if ILGM is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against ILGM, plus costs and reasonable attorney’s fees.
Disclaimer of Responsibility
ILGM is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. ILGM disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUP BY YOU.