CONDITIONS AND TERMS :
Acceptable Use Policy
This is Elite Facility's Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on the Elite Facility Network.
This AUP is incorporated by reference in your Master Services Agreement with Elite Facility and your service may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement. You are responsible for violations of this policy by you or anyone using your service, whether authorized by you or not.
Inquiries regarding this policy should be directed to email@example.com.
You may not use Elite Facility's network to engage in illegal, abusive, or irresponsible behavior, including :
- Unauthorized 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 (including those belonging to Elite Facility and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user of the Elite Facility or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the Elite Facility network or website, or Elite Facility's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
You must take reasonable security precautions while using Elite Facility services. You are solely responsible for any breaches of security affecting the servers under your control. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.
A compromised server is potentially disruptive to Elite Facility's network and other customers. Therefore Elite Facility may take your server off line if it is accessed or manipulated by third party without your consent.
Bulk or Commercial E-Mail
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial e-mail. In addition, you must obtain Elite Facility's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Elite Facility's reasonable satisfaction:
These policies apply to messages sent using your Elite Facility service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Elite Facility service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Elite Facility may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Elite Facility's requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at firstname.lastname@example.org."
- You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an email@example.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have the means to track anonymous complaints; and
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
You must comply with the rules of any other network you access or participate in using your Elite Facility services.
You may not publish or transmit via Elite Facility's network and equipment any content that Elite Facility reasonably believes:
Content "published or transmitted" via Elite Facility's network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.
- constitutes child pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Elite Facility; or
- is otherwise malicious, fraudulent, or may result in retaliation against Elite Facility by offended viewers.
You may not use Elite Facility's network or equipment to download, publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
Elite Facility may terminate the service of repeat copyright infringers.
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Elite Facilty's network, please send your written notice of copyright infringement to:
Elite Facility LLC
Attn: Legal Counsel
1413 Tonne Rd.
Elk Grove Village, IL 60007
Your notice must include the following :
Cooperation with Investigations and Legal Proceedings.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Elite Facility to locate the material;
- Information reasonably sufficient to permit Elite Facility to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Elite Facility may, without notice to you :
- report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and
- provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Consequences of Violation of AUP
- You must have valid and current information on file with your domain name registrar for any domain hosted on the Elite Facility network.
- You may only use IP addresses assigned to you by Elite Facility staff in connection with your Elite Facility services.
- You may not take any action which directly or indirectly results in Elite Facility IP space being listed in any of the various abuse databases.
Elite Facility may without notice to you, suspend your service or remove any content transmitted via the Elite Facility service if it discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with Elite Facility's reasonable investigation of any suspected violation of the AUP. Elite Facility will attempt to contact you prior to suspension of network access to your server(s), however, prior notification is not assured.
You are strictly responsible for the use of your Elite Facility service in violation of this AUP, including use by your customers, and including unauthorized use. Elite Facility will charge you its hourly rate for security breach recovery (currently $250.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Elite Facility or any of its customers by the use of your service in violation of this AUP, (iii) respond to complaints, and (iv) have Elite Facility's Internet Protocol numbers removed from any "blacklist" such as SPEWs or other abuse databases.
Amendments to AUP
The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP in accordance with our Master Services Agreement to further detail or describe reasonable restrictions on your use of our services.
Elite Facility is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Elite Facility network. Elite Facility disclaims any obligation to any person who has not entered into an agreement with Elite Facility for services.