1. Infringement or generally in violation of laws
Services may not be used as follows:
- To send unsolicited bulk and/or commercial messages, “safe lists,” email bombing, or spamming in violation of the CAN-SPAM Act.
- To infringe upon the intellectual property rights of a third party by using Customer Content (including text, graphics, music, videos or other copyrightable material) without proper authorization from such third party or in violation of the Digital Millennium Copyright Act.
- To misappropriate or infringe the patents, trademarks or other intellectual property rights of any third party.
- In violation of any law.
- In violation of U.S. Export Control Laws.
- To gain unauthorized access to the computer networks of any other party in violation of the Computer Fraud and Abuse Act.
2. Abuse and unsupported use of Services
Services may not be used as follows:
- In connection with any other disruptive or abusive activity.
- For proxy scripts/anonymizers.
- Image hosting scripts for users other than Customer’s, AutoSurf/PTC/PTS/PPC sites.
- IP Scanners.
- For bruteforce programs/scripts.
- Cron entries with intervals of less than 15 minutes.
- To cause denial of service attacks against TRaViS or other network hosts or Internet users or to otherwise degrade or impair the operation of TRaViS’s servers and facilities or the servers and facilities of other network hosts or Internet users.
- To post messages or software programs that consume excessive CPU time or storage space.
- To resell TRaViS provided scripts installed on TRaViS’s servers.
- To subvert, or assist others in subverting, the security or integrity of any TRaViS systems, facilities or equipment.
- To distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
- To conduct port scans or other invasive procedures against any server (except any server for which Customer is an authorized user or system administrator).
- In any other manner to interrupt or interfere with Internet usage of other persons.
3. Generally prohibited use of Services
In any manner that might subject TRaViS to unfavorable regulatory action, subject TRaViS to any liability for any reason, or adversely affect TRaViS’s public image, reputation or goodwill, including, without limitation otherwise objectionable materials as determined by TRaViS in its sole discretion; or As a backup or storage device except as permitted as a control panel backup of Customer’s account.
4. High Risk Use Prohibited
Neither Customer nor Customer’s customer(s) shall use Services in connection with anything that may result in death, serious bodily injury, environmental contamination, disruption or loss of personal or real property.
5. Disclaimer
TRaViS expressly disclaims any obligation to monitor its Customers and Customer’s customers with respect to violations of this AUP. TRaViS has no liability or responsibility for the actions of any of its Customers and Customer’s customer(s) or any Customer Content that may be posted by Customer or Customer’s customer(s) on any website.
6. Remedies
If TRaViS learns of a violation of this AUP, TRaViS will respond to the applicable Customer and may, in TRaViS’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
- Suspend the offending Customer from use and access of Services;
- Terminate the offending Customer from use of Services;
- Remove the Customer Content that violates this AUP; and/or
- Take other action in accordance with this AUP or under applicable law to protect TRaViS’s interest.
7. Reservation of Rights
TRaViS reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving TRaViS’s Services, Customer and Customer’s customer(s). TRaViS reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. TRaViS may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that TRaViS is authorized to monitor its communications through TRaViS’s network for such purposes.