ACCEPTABLE USE POLICY

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OVERVIEW

This Acceptable Use Policy (“AUP”) establishes certain rules and requirements pertaining to the use of Signup Design, Inc.’s (“Signup Design”) websites, products, or services (collectively the “Services”). This AUP may be amended at any time and such amendment or termination will be effective at the time Signup Design posts the revised AUP to https://signupdesign.com under the Main Menu footer section, and will constitute the customer’s acceptance of new or additional terms of the AUP that result from those changes. This AUP is incorporated by reference into the definitive agreement between Signup Design and the Customer regarding such Services (“Agreement”).

PURPOSE

The purpose of this AUP is to enhance the quality of the Services and to protect Signup Design’s customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Customer and its employees, agents, contractors, or other users of such Customer who obtain Services from Signup Design (each such person being a “User”). Each User should use common sense and good judgment in connection with the Services.

POLICY

Unacceptable Use

The lists below provide a summary of activities that fall into the category of unacceptable use. Customers and Users are not allowed to:

  • Use the Services to send unsolicited large amounts of personal and/or commercial messages over the Internet (“spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Signup Design, but also because it can overload Signup Design’s network and disrupt service to its Customers' subscribers. Maintaining an open SMTP relay is prohibited. Any setting, direct action, or configuration that causes excessive and overload outbound email traffic will be subject to review and possible action. When a complaint is received, Signup Design has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list, or whether the outbound email traffic generated from an account is suitable for the type of hosting environment is offering.
  • Use the Services in relation to any illegal activity. Without restraining the general application of this rule, Customers and Users are not allowed to:
    • Use the Services to duplicate material (such as text, graphics, music, videos, or other copyrightable material) from third parties without appropriate authorization;
    • Use the Services to misuse or violate the patents, copyrights, trademarks, or other intellectual property rights of any third party;
    • Use the Services to trade in illicit drugs, unlawful gambling, indecent materials, or any other products or services that are prohibited under applicable law;
    • Use the Services to upload encryption software to points outside the United States in violation of suitable export control laws;
    • Use the Services to false or misrepresent message headers, whether in whole or in part, to cover the originator of the message; or
    • Use the Services in any way that violates applicable law.
  • Use the Services in relation to any unlawful or justiciable activity. Without restraining the general application of this rule, Customers and Users are not allowed to:
    • Use the Services to release or propagate information that (A) represents calumny, libel, or defamation, (B) advertises the personal information or similarity of a person without that person’s permission, or (C) otherwise infringes the privacy rights of any person. Utilize the Services to intimidate persons with bodily harm, to make harassing or abusive statements or messages, or to request the performance of acts or services that are unlawful under applicable law.
    • Use the Services in relation with any other disruptive or abusive activity. Customers and Users are not allowed to:
      • Use the Services to create denial of service attacks toward Signup Design or other network hosts or Internet users or in any other way damage or degrade the operation of Signup Design’s servers or the servers of other network hosts or Internet users; or
      • Send messages or software programs that utilize excessive processor, or storage space, or network bandwidth; or
      • Use the Services to provide mail services, mail referral capabilities, POP accounts or self responders other than for the User’s own account; or
      • Use the Services to resell access to CGI scripts installed on Signup Design’s servers; or
      • Use the Services to disrupt, or assist others in disrupting, the security or integrity of any Signup Design systems, host or equipment; or
      • Use the Services to attain unauthorized access to the computer networks or host of Signup Design or any other person; or
      • Use the Services to offer passwords or access codes to persons not authorized to receive such materials by the operator of the system or host requesting the password or access code; or
      • Use the Services to (A) falsify the signature or other identifying mark or code of any other person, (B) personify or assume the identity or any other person, or (C) participate in any other activity (such as “spoofing”) to try to mislead or misinform other persons in relation to the true identity of the User (except for the use of anonymous re-mailers or Internet nicknames); or
      • Use the Services to disseminate or upload any virus, worm, Trojan horse, or any computer code intended to obstruct services, ruin data, destroy or damage equipment, or disrupt the operation of the Services; or
      • Use the Services to organize port scans or other invasive procedures towards any server;; or
      • Use the Services to disseminate, advertise or boost software or services that have the primary purpose of facilitating unsolicited commercial e-mail or Spam; or
      • Use the Services to request or gather, or spread, publicize or promote, e-mail address lists for the objective of facilitating unsolicited commercial e-mail or Spam; or
      • Use the Services in any way that might subject Signup Design to adverse regulatory action, subject Signup Design to any liability for any reason, or adversely affect Signup Design’s public brand, prestige or bona fides, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise unacceptable content/materials as determined by Signup Design in its sole discretion; or
      • As long as to be on a shared hosting platform, use, manage, enable, execute, compile, upload or publicly store source code, executable code, programs, or software content designed to perform tasks not directly related to website/email hosting, including, without limitation, (A) directly opening any port, (B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) evading firewall restrictions, (F) linking to any Peer to Peer file sharing server/network, (G) offering ‘tracker’ services to ‘BitTorrent’ clients and/or (H) abusing web browser vulnerabilities, as determined by Signup Design in its sole discretion; or
      • Try to attack, break, or abuse the support- and contact-related mechanisms of Signup Design, including, but not limited to, telephone lines, email addresses, fax lines, or contact/signup forms; or
      • Use the Services in any other way to interrupt or obstruct with the Internet usage of other third parties;

Violations

Disclaimer. Signup Design explicitly deny any obligation to monitor its Customers and other Users with respect to violations of this AUP. Signup Design has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

Remedies. If Signup Design finds out of a violation of this AUP, Signup Design will reply to the applicable Customer and may, in Signup Design’s sole discretion, take any of the following actions, in conformity with the intensity and duration of the violation:

  • Notification to the Customer; and/or
  • Cease the infringing Customer from the Services; and/or
  • Halting the infringing Customer from the Services; and/or
  • Imposing fees or charges on the infringing Customer account in accordance with the applicable service agreement; and/or
  • Removing the infringing Customer’s content; and/or
  • Taking other action in accordance with this AUP, the applicable service agreement/contract or applicable law.

Reservation of Rights

Signup Design retains the right to collaborate with designated legal authorities in investigations of claims of illegal activity involving Signup Design’s Services, Customers, and other Users. Signup Design retains all other rights to answer to violations of this AUP to the extent of applicable law and in conformity with any applicable contractual responsibilities. Signup Design may utilize technical avenues to monitor communications into, and out of, its network structures to prevent the introduction of viruses or other hostile code, and otherwise to implement this AUP and each Customer agrees that Signup Design is authorized to monitor its communications through Signup Design’s network and third-party host for such purposes.

Copyright

Any reproduction of this policy in whole or in part as well as disclosing, copying, distributing, disseminating, or taking any other action with regard to this document and the contents herein is strictly prohibited.

Revised: August 13, 2019

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