Version 2-1 April 2023
1.0 Introduction and Applicability of Acceptable Use Policy
Exclaimer Limited. and its subsidiaries, parent companies, and affiliates, including, but not limited to Customer Thermometer Ltd (collectively “Exclaimer”) have adopted this Acceptable Use Policy (“AUP”) to govern the use of their cloud based services (the “Services”) by their customers (“Customers” or “you”) and by users that have gained access to the Services through Customer accounts (“Users”).
By using the Services, you acknowledge that you and your Users are responsible for compliance with this AUP, and agree to be bound by this AUP. You are responsible for violations of this AUP by any User that accesses the Services through your account, which includes, without limitation, Users for whom you provide services as a reseller. This AUP applies to all aspects of Exclaimer’s Services across its network, including equipment, systems, facilities, services and products incorporated or used in such transmission network ("Exclaimer Network"). This AUP is designed to protect the Exclaimer Network, the Services, Customers, Users, and the Internet community from improper or illegal activity across the Internet, to improve the Services and to improve Services offerings.
The use of the Exclaimer Network by a Customer is subject to the terms and conditions of any agreements entered into by such Customer and Exclaimer. This AUP is incorporated into such agreements by reference.
If you do not wish to be bound to this AUP, you should not access, subscribe to, or otherwise use the Exclaimer Network. Exclaimer may modify this AUP at any time, without notice to you. Modifications will be deemed effective immediately upon publication on our website.
2.0. Prohibited Uses
2.1 Illegal Activity You may access and use the Exclaimer Network for lawful purposes only. You are responsible for any transmission you or your Users send, receive, post, access, or store via the Exclaimer Network. Exclaimer strictly prohibits the use of the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. Some examples of unlawful conduct include:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libellous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations: Including, without limitation, violations of the UK, US or other laws and regulations.
2.2 Unauthorized Access/Interference A Customer or User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Exclaimer Network. A Customer or User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services or the Internet. A Customer or User may not use the Services to monitor any data, information, or communications on any network or system. A Customer or User is strictly prohibited from attempting to gain access to the user accounts of other Customers or Users, or violating system or network security, each of which may result in criminal and civil liability. Exclaimer will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Exclaimer may, but is under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes. Examples of prohibited unauthorized access or interference include:
- Hacking: Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorisation of the owner of the system or network.
- Interception: Unauthorised monitoring of data or traffic on any network or system without the express prior authorisation of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, post bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer programme designed to conceal the source or routing information of electronic post messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-post address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Exclaimer or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Exclaimer customer or other end-user. Exclaimer may, but is not obligated to, take any action it deems necessary to protect the Exclaimer Network, its rights or the rights of its customers or third parties, or (2) optimise or improve the Exclaimer Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages and data sent through the Exclaimer Network. Exclaimer may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms.
- Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, programme, data or personal information.
2.3 Spoofing/Fraud Customers and Users are prohibited from intentionally or negligently injecting false data into the Internet via the Exclaimer Network, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
A Customer or User may not attempt to send e-post messages or transmit any electronic communications using a name or address of someone other than the Customer or User for purposes of deception via the Exclaimer Network. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a Customer's or User's identity in connection with use of the Services is also prohibited.
2.4 Unsolicited Commercial E-post/Spamming A Customer or User may not use the Services to transmit unsolicited commercial e-post messages, use the Services for unsolicited bulk marketing purposes or in connection with automated mailing systems or deliberately send excessively large attachments to one recipient, or files that disrupt a server, account, newsgroup, or chat service. Any unsolicited commercial e-post messages or a series of unsolicited commercial e-post messages or large attachments sent to one recipient using the Exclaimer Network or Services is prohibited. In addition, "spamming" or "post-bombing" using the Exclaimer Network or Services is also prohibited.
Likewise, Customers or Users are precluded from transmitting on the Exclaimer Network: (1) unsolicited informational announcements; (2) chain post; (3) numerous copies of the same or substantially similar messages; (4) empty messages; or (5) messages which contain no substantive content. Use of the service of another provider to send unsolicited commercial e-post, spam, or post-bombs, to promote a site hosted on or connected to the Exclaimer Network, is similarly prohibited. Likewise, a Customer or User may not use the Services to collect responses from mass unsolicited e-post messages, e-post addresses, screen names, or other identifiers of others (without Exclaimer's prior written consent), a practise sometimes known as spidering or harvesting. You and your Users may not use any of Exclaimer's post servers or another site's post server to relay post without the express permission of the account holder or the site.
Exclaimer may, in its sole discretion, rely upon information obtained from anti-spamming organisations (including, for example and without limitation, spamhaus.org, spamcop.net, sorbs.nte, and abuse.net) as evidence that a Customer or User is an active "spam operation" for purposes of taking remedial action under this AUP.
2.5 Miscellaneous Prohibited Activities Exclaimer prohibits Customers and Users from using the Exclaimer Network for any prohibited activities, including, but not limited to, the following activities:
- Intentionally transmitting files containing a computer virus or corrupted data.
- If Exclaimer has specified bandwidth or other limitations for your user account, use of the Services shall not be in excess of those limitations.
- Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services.
- Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
- Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
- Advertising, transmitting, or otherwise making available any software, programme, product, or service that is designed to violate this AUP, which includes the facilitation of the means to deliver unsolicited commercial e-post.
- Any activity that disrupts, degrades, harms or threatens to harm the Exclaimer Network or the Services.
- Any other inappropriate activity or abuse of the Services (as determined by Exclaimer in its sole discretion), whether or not specifically listed in this AUP, may result in suspension or termination of the User’s access to or use of the Services.
2.6 EXCLAIMER Right of Action for Prohibited Actions The actions described in this Section are non-exhaustive, and Exclaimer reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this AUP or otherwise may be harmful to the Exclaimer Network, its Customers, or Internet users.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR USER, SHALL BE CONSIDERED VIOLATIONS OF THE AUP BY SUCH CUSTOMER OR USER.
3.0 Exclaimer’s Rights
3.1 Suspension or Termination of Services If Customers or Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not, in Exclaimer's sole discretion, correct a pattern of the same or similar violations, whilst using the Services that violates the AUP, or is otherwise illegal or improper, Exclaimer reserves the right to suspend and/or terminate the Services or the User's access to the Services. Exclaimer will generally attempt to notify the Customer or User of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the operation of the Exclaimer Network is threatened or cases involving unsolicited commercial e-post/spam, a pattern of violations, post relaying, alteration of the Customer's or User's source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Services, harassment or copyright infringement, Exclaimer reserves the right to suspend or terminate the Services or the User's access to the Services without notification.
3.2 Cooperation with Law Enforcement Exclaimer may also access and disclose any information (including transactional information) related to a Customer’s or User’s access and use of the Exclaimer Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Company’s rights or property and those of its Customers; or (4) protecting Users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.
INDIRECT OR ATTEMPTED BREACHES OF THIS AUP, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS AUP BY SUCH COMPANY, CUSTOMER OR USER
4.0 Customer and User Responsibilities
4.1 Notice of Network Security Issues Customers and Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. Customers and Users agree to immediately notify Exclaimer of any unauthorized use of their accounts or any other breach of security known to you. If the Customer or User becomes aware of any violation of this AUP by any person, including Users that have accessed the Services through Customer’s account, the Customer or User is required to notify Exclaimer.
4.2 Impending Security Event Notification All Users of the Exclaimer Network are responsible for notifying Exclaimer immediately if they become aware of an impending event that may negatively affect the Exclaimer Network. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
4.3 Complaints In most cases, Exclaimer will notify its Customer(s) of complaints received by it regarding an alleged violation of this AUP. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. If you consent, Exclaimer may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You are required to identify a representative for the purposes of receiving such communications.
5.0 Miscellaneous Provisions
5.1 Complaints and Contact Information Any complaints regarding prohibited use or other abuse of the Exclaimer Network, including violation of the AUP, should be sent to Exclaimer at [firstname.lastname@example.org]. Please include all applicable information that will assist Exclaimer in investigating the complaint, including all applicable headers of forwarded messages.