Acceptable Use Policy

1. Lawful Purpose
   You may use AVSpamfilter’s Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use AVSpamfilter’s Services to facilitate, or otherwise assist in, the violation of any law or regulation.
   
   
2. Spamming and Related Activities
   AVSpamfilter strictly prohibits your use of AVSpamfilter’s Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Microsoft Messenger Service; Chat Programs such as AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications. Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
   
   
3. Permission Based Communications
   You may use AVSpamfilter’s Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using AVSpamfilter’s Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via AVSpamfilter’s Services, you must verify that the lists have been compiled on a strict "opt-in" basis.
   
   In addition to the foregoing general requirements, all permission-based communications sent using AVSpamfilter’s Services must include the following (and you are required to take the corresponding actions set forth below):
   
   1. A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter AVSpamfilter’s Services.)
   2. The recipient’s accurate e-mail address in the "to" line and the sender’s accurate e-mail address in the "from" line.
   3. A working link to your privacy policy.
   4. A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter AVSpamfilter’s Services.)
   5. An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your up-to-date mailing address, telephone number and facsimile number.
   
   You are solely responsible for the transmission of all such permission-based communications. AVSpamfilter reserves the right to suspend or terminate your Services in the event AVSpamfilter receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that AVSpamfilter may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
   
   
4. Copyright Infringement
   You may not use AVSpamfilter’s Services in any manner that infringes upon the rights of a third party under federal and foreign copyright laws.
   
   AVSpamfilter is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA"). If a copyright owner believes in good faith that AVSpamfilter is the hosting provider of material that infringes that copyright, the copyright owner may submit a written notification of claimed infringement to AVSpamfilter’s designated copyright agent:
   
   By Mail:
   Copyright Agent
   AVSpamfilter, Inc.
   18 Cherry Street
   Tenafly, New Jersey 07670
   
   By Facsimile:
   201-569-7898
   
   By E-mail:
   mailto:legal@avspamfilter.com
   
   PLEASE NOTE: The designated copyright agent is appointed solely for the purpose of receiving notices of copyright claims submitted pursuant to the DMCA. No other notices or communications should be forwarded to the designated copyright agent.
   
   The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
   
   AVSpamfilter is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that AVSpamfilter will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
   
   In the event that AVSpamfilter must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that AVSpamfilter may do so by disabling access to your entire web site.
   
   
5. Violations of Other Intellectual Property Rights
   You may not use AVSpamfilter’s Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.
   
   Although AVSpamfilter reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using AVSpamfilter’s Services in a manner that infringes such third party’s intellectual property rights, AVSpamfilter may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide AVSpamfilter with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
   
   
6. Defamation and Harassment
   You may not use AVSpamfilter’s Services to defame, harass, abuse, libel, slander or threaten a third party.
   
   Complaints about activity in violation of this policy engaged in by AVSpamfilter customers or end users may be directed to abuse@avspamfilter.com.
   
   
7. Child Pornography
   You may not use AVSpamfilter’s Services to disseminate or display images or other content that constitutes child pornography under United States laws.
   
   AVSpamfilter applies a zero tolerance policy to the enforcement of this prohibition. AVSpamfilter takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. AVSpamfilter reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that AVSpamfilter may be cooperating with law enforcement or that AVSpamfilter has reported the use of its Services in this manner.
   
   For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.
   
   Complaints about activity in violation of this policy engaged in by AVSpamfilter customers or end users may be directed to abuse@avspamfilter.com.
   
   
8. Disruptive or Abusive Activity
   You may not use AVSpamfilter’s Services:
   
   1. to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
   2. to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
   3. to maintain open mail relays, forward or propagate "chain" mail or mail bomb;
   4. to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user’s terminal session;
   5. in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
   6. to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
   7. to hack, subvert, or assist others in hacking or subverting the security or integrity of AVSpamfilter’s Services;
   8. to disseminate or display indecent or obscene images or content;
   9. to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
   10. to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
   11. in any manner that might potentially subject AVSpamfilter to unfavorable regulatory action, subject AVSpamfilter to any liability for any reason, or adversely affect AVSpamfilter’s public image, reputation, goodwill, business or operations.
   
   
9. United States Export Laws
   United States export control laws govern your use of AVSpamfilter’s Services. These laws apply to you and your use of AVSpamfilter’s Services regardless of whether you actually reside in the United States.
   
   You may not use AVSpamfilter’s Services for any purpose that violates these laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use AVSpamfilter’s Services to provide services to end users with whom United States citizens may not do business.
   
   For further information about United States export laws, you may visit the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html.
   
   
10. Privacy
    AVSpamfilter’s privacy policy may be found at http://www.admin.avspamfilter.com/privacy-policy.htm.
    
    While AVSpamfilter is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. AVSpamfilter is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of AVSpamfilter.
    
    
11. IP Addresses
    In connection with your use of AVSpamfilter’s Services, you may only use IP addresses that are assigned to you by AVSpamfilter. If you use IP addresses that are not assigned to you by AVSpamfilter, AVSpamfilter will suspend your Services from network access until such time as the IP address overlap is corrected. AVSpamfilter owns all IP addresses that may be assigned to you by AVSpamfilter. AVSpamfilter may, in its sole discretion, change these numbers from time to time without notice to you.
    
    
12. Certain Restrictions Applicable to Shared Customers
    If you are the registered owner of an AVSpamfilter shared account:
    
    Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in AVSpamfilter’s records. You may allow ftp access and host websites for your end customers without violating this AUP.
    
    When you utilize an excessive amount of system resources, AVSpamfilter reserves the right to place CPU process limits on your account to prevent disruption of AVSpamfilter Services to other customers. AVSpamfilter reserves sole discretion to determine what constitutes excessive usage of system resources.
    
    
13. Certain Restrictions Applicable to Dedicated Customers
    If you are the registered owner of an AVSpamfilter dedicated account:
    
    You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and AVSpamfilter may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that AVSpamfilter will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or AVSpamfilter’s Services or inability to transmit or receive information as a result of any actions taken by AVSpamfilter in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to AVSpamfilter that are set forth in the Terms of Service or any other agreement between you and AVSpamfilter.

Effective Date: This AUP was last updated October 28, 2004.