Effective Date: January 1, 2025
Last Updated: January 1, 2025

This Acceptable Use Policy (“AUP”) describes activities prohibited on AEMCS Offerings for the protection of AEMCS and its Representatives, Offerings, infrastructure, and other customers. Questions regarding this policy should be directed to [email protected].

  1. ABUSE GENERALLY. Client shall not utilize the Offerings or any related software, platform, or infrastructure to engage in, foster, solicit or promote illegal, or irresponsible behavior including:
    1. conduct likely to breach any laws, codes, or regulations applicable to the parties (including conduct infringing or misappropriating intellectual property, or confidential or proprietary information; or which is fraudulent, unfair, deceptive, or defamatory);
    2. unauthorized access to, monitoring or utilization of, or interference with an internet account, computer, platforms, infrastructures, data, or traffic;
    3. intentionally, knowingly, or recklessly introducing any malicious code into the Offerings;
    4. conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group, or forum utilized in conjunction with AEMCS Offerings or infrastructure (including using false, misleading, or deceptive TCP-IP packet header information in an email or newsgroup posting);
    5. deceitfully collecting, transmitting, or using information, or distributing software that covertly gathers or transmits information about a user;
    6. distributing advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software, and can easily remove software using standard tools included on major operating platforms;
    7. conduct likely to result in retaliation or adverse action against AEMCS or its services, infrastructure, website or Representatives (including resulting in listing of AEMCS IP space on an abuse database);
    8. conduct which breaches Client’s security obligations, or any activity in connection with the Offerings that may expose AEMCS to a security vulnerability;
    9. conduct intended to withhold or cloak identity or contact information, registering to utilize Offerings under a false name, or using an invalid or unauthorized credit card in connection with Offerings;
    10. gambling activity violating any applicable codes of practice, required licenses, or technical standards;
    11. utilize of any AEMCS-provided shared platform in a way that unnecessarily interferes with the normal operation of the shared platform, or consumes a disproportionate share of platform resources; and
    12. conduct that creates a risk to safety or health, national security, or law enforcement.
  2. OFFENSIVE BEHAVIOR. Client shall not be abusive or offensive to AEMCS Representatives. Client shall not publish, transmit or store on or via the Offerings material or links to material that AEMCS reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing material, violates a person’s privacy, is malicious or morally repugnant.
  3. NO HIGH RISK USE. Client may only utilize the Offerings for commercial purposes, and Client shall not utilize the Offerings in any situation where failure or fault of the Offerings could lead to death or serious bodily injury in mass transportation, or nuclear or chemical facilities.
  4. MAIL REQUIREMENTS. For bulk or commercial email sent by or on behalf of Client using the Offerings or from any infrastructure that directly or indirectly refers recipients to a site hosted using the Offerings (including using third-party distribution lists), Client shall:
    1. post a privacy policy for each associated domain;
    2. post an email address for complaints in a conspicuous place on any associated website, promptly respond to messages sent to that address, and have means to track anonymous complaints;
    3. obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within 72 hours of the recipient’s or AEMCS request; and
    4. Include the recipient’s e-mail address in the e-mail body or “TO” line.
  5. VULNERABILITY TESTING. Client shall not attempt to test the vulnerability of a AEMCS platform or infrastructure including those provided in connection with the Offerings, or attempt to breach security measures, of said platform or infrastructure by any means. Notwithstanding the foregoing, Client may conduct vulnerability testing of their Hosted System with AEMCS’s prior written consent.
  6. CUSTOMER-PROVIDED LICENSES AND SUPPORT. Client shall comply with the applicable license terms governing the use of any Open Source Software or Third Party Software provided by AEMCS. If Client utilizes any non-AEMCS provided software on the Client Configuration, then Client represents and warrants that Client shall maintain: (i) the legal right to utilize the software; and (ii) as applicable to the Offerings, adequate original software vendor support (or similar authorized support) permitting AEMCS to perform any installation, patching, upgrades, or management which AEMCS has agreed to provide. On AEMCS’s request, Client shall sufficiently certify in writing (or, as reasonably requested, evidence) that Client is in compliance with this section and any other license or support obligations under the Agreement. If Client fails to certify licensing or support as requested, AEMCS may charge Client its standard fee for licensed use of the software until the required certification is provided.
  7. EXPORT CONTROL. Client shall ensure Offerings are not utilized in breach of export laws, controls, regulations, or sanction policies of the United States or Client’s applicable jurisdiction. Client shall ensure Offerings are not utilized by any person or entity suspected of involvement or affiliation with those involved in activities or causes relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or utilize of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles.
  8. COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS. Client agrees AEMCS may permit a relevant authority to inspect Client’s material or traffic if AEMCS is legally required to do so, provided AEMCS gives Client reasonable prior notice (where permitted by applicable law and regulation). AEMCS may report to appropriate authorities any Client conduct AEMCS believes violates applicable law, without notice to Client (including providing any information about Client, its utilizers, or traffic). AEMCS may cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct AEMCS believes violates applicable law, or in a civil action that on its face meets the requirements for such a request. Client shall cooperate with AEMCS’s reasonable investigation and resolution of any suspected breach of the Agreement.
  9. DOMAIN NAMES, IP ADDRESSES AND DNS RECORDS. Client must maintain valid information with Client’s domain name registrar for any domain hosted on the Offerings, and only utilize IP addresses assigned to Client by AEMCS in connection with the Offerings. Client agrees AEMCS may adjust, transfer, or delete any DNS record or zone on AEMCS-managed or operated DNS servers or services upon request from the registrant or administrative contact according to the registrar’s WHOIS platform.
  10. Client must provide at least 30 days prior written notice. The revised AUP shall become effective as to Client on the first to occur of: (i) Client’s execution of a new Service Order or contract incorporating the revised AUP or (ii) the first day of an contract renewal term beginning at least 30 days after revised AUP publication, or (iii) expiry of written notice provided pursuant to this section. If compliance with the revised AUP would adversely affect Client’s utilize of the Offerings, Client may discontinue the affected Offerings for convenience by giving AEMCS written notice of Client’s objection no later than the date that the revised AUP would otherwise have become effective as to Client; Client may continue using the Offerings for up to an additional 90 days subject to the prior version of the AUP. AEMCS may, at its discretion, waive the AUP change as to the Client, in which case the notice of termination shall be of no effect.
  11. AUP BREACH. If Client breaches the AUP (including unintentionally, resulting from Client’s failure to utilize reasonable security precautions, or as a result of activity occurring without Client authorization) AEMCS may block any material or traffic, may be relieved of its obligation to provide all or a portion of the Offerings, suspend the Offerings, or discontinue the Offerings in accordance with the Agreement, at its election. No credit shall be available under any Service Level Agreement for interruptions of Offerings resulting from an AUP breach.

For questions or to report a violation of this AUP, please contact:
 
Email: [email protected]
Phone: (847) 789-5500
Website: https://www.aemcs.com