Acceptable Use Policy

Summary

This Acceptable Use Policy (this “AUP”) describes material and activities that are not allowed in connection with the Services offered by Elegant Media. This AUP is not exhaustive, and Elegant Media reserves the right to take remedial action in connection with content or uses that are not specifically described below.

The data, hosting and communication services provided by us falls under a fair-use policy. The hosting account’s paying Client (referred to as “you”) is responsible for the content hosted under the account.

What is covered within electronic communication services?

The items covered by this policy include, but not limited to each of the following:

• Computers connected to any network or data circuit.
• Electronic data interchange.
• Electronic mail.
• Messaging services, including pagers, paging services and SMS.
• Internet, intranet and extranet services, including websites, apps, blogs and podcasts.
• Telephones including mobile telephones.
• Personal digital assistants.
• User-generated content.
• Electronic files, servers, databases and other electronic data systems.

Prohibited Electronic Communication

Content that provides or encourages the following types of content is prohibited by services provided. 

• Illegal Activities.
  Any use of the Services to engage in, further, promote, or encourage illegal conduct or activities, including the dissemination of content that has been determined by a court of competent jurisdiction to be unlawful.
• Fraudulent or Harmful Activities.
  Engaging in activities that is deceptive or harmful to others, or that would harm Elegant Media’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or misleading practices.
• Violation of Intellectual Property Rights.
  Using the Services in a manner that violates, infringes on or misappropriates the intellectual property or proprietary rights of any third party, including without limitation any rights in or to copyright, patent, trademark, trade secret, privacy or publicity, and publishing content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights.
• Unlawful Pornography.
  Disseminating child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted (e.g., “revenge pornography”).
• Violent, Harassing, or Abusive Content.
  Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status.
• Controlled Substances.
  Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drugs.
• Computer Viruses, Malware or Malicious Software.
  Hosting or distributing software that will cause harm to our or other computer systems.

Email and Anti-spam Policy.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to us. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.

Following types of mass or unsolicited emails are prohibited.

• Forgery of e-mail headers (i.e.”spoofing”).
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
• Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
• Hosting any web pages or providing any services that support spam.
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
• You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Service Agreement

By continuing to use Elegant Media’s data and hosting services, you acknowledge that you agree with our Service Agreement.

Consequences of a breach of this policy

Responsibility for use of electronic communications that do not comply with this policy lies with you. For violations, we may reach out to you to correct the violation, or for more serious activities we may immediately suspend or terminate services to protect our networks, or as per local, federal and international laws.

We may modify this AUP at any time by publishing a revised version at our Acceptable Use Policy link.

If you have any questions in relation to this policy or its application please contact our Team.