This AUP is incorporated by reference in your Service Order with True Holdings, Inc. and your services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.
Capitalized terms used in this AUP shall have the meaning given in the Master Services Agreement.
Inquiries regarding this policy should be directed to abuse (at) trueholdingsinc.com.
You may not use True Holdings, Inc’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
Bulk or Commercial Email
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, you must obtain True Holdings, Inc.’s advance approval for any bulk email, which will not be given unless you are able to demonstrate all of the following to True Holdings, Inc.’s reasonable satisfaction:
These policies apply to messages sent using your True Holdings, Inc. service, 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 or an email address hosted via your True Holdings, Inc. service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
True Holdings, Inc. may test and otherwise monitor your compliance with its requirements, and may block the transmission of email that violates these provisions.
You may not attempt to probe, scan, penetrate or test the vulnerability of a True Holdings, Inc. system or network or to breach True Holdings, Inc.’s security or authentication measures, whether by passive or intrusive techniques, without True Holdings, Inc.’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 True Holdings, Inc. services.
You may not publish or transmit via True Holdings, Inc.’s network and equipment any content or links to any content that True Holdings, Inc. reasonably believes:
Content “published or transmitted” via True Holdings, Inc.’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.
You may not use True Holdings, Inc.’s network or equipment to download, publish, distribute, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless:
True Holdings, Inc. may terminate the service of copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the True Holdings, Inc. network.
You may only use IP addresses assigned to you by True Holdings, Inc. in connection with your True Holdings, Inc. services.
You agree that if the True Holdings, Inc. IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL or other abuse databases, you will be in violation of this AUP, and True Holdings, Inc. 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.
Consequences of Violation of AUP
True Holdings, Inc. may charge you its hourly rate for AUP breach recovery (currently $500.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to True Holdings, Inc. or any of its customers by the violation of this AUP, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have True Holdings, Inc.’s Internet Protocol numbers removed from any abuse database. No credit will be available under your True Holdings, Inc. Service Level Agreement for interruptions of service resulting from AUP violations. In the event of a violation we may report:
You agree that we may publicly disclose that we are providing services to you and may include your name in promotional materials including press releases and on the True Holdings, Inc. Web site. Neither of us may publicly use the other party’s logo or other trade or service mark without permission.
You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any software we provide for your use. Unless permitted by the terms of an open source software license, you may not reverse engineer, decompile or disassemble any software we provide for your use except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten days advance written notice to us. In addition to the terms of our Agreement, your use of any Microsoft® software is governed by Microsoft’s license terms. If you resell any part of the IT Hosting Service that includes Microsoft software then you must include these Microsoft terms in a written agreement with your customers.
OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights and other intellectual property. Any intellectual property developed by True Holdings, Inc. during the performance of the Services shall belong to True Holdings, Inc. unless we have agreed with you in advance in writing that you shall have an interest in the intellectual property.
OWNERSHIP OF OTHER PROPERTY
You do not acquire any ownership interest in or right to possess the servers or other hardware we provide for your use, and you have no right of physical access to the hardware. We do not acquire any ownership interest in or right to the information you transmit to or from or store on your True Holdings, Inc. servers or other devices. On termination of the Agreement you must promptly release any Internet protocol numbers, addresses or address blocks assigned to you in connection with the Service (but not any URL or top level domain or domain name) and agree that we may take steps to change or remove any such IP addresses.