Acceptable Use Policy
This Acceptable Use Policy (“AUP”) is incorporated by reference in your Tinkit Partner Agreement
This Acceptable Use Policy (“AUP”) is incorporated by reference in your Tinkit Partner Agreement: Terms of Service (the “Agreement”). Capitalized terms used in this AUP shall have the meaning given in the Agreement.
At Tinkit’s sole discretion, your Services may be suspended or terminated for any violation of this AUP as set forth in the Agreement. Direct all inquiries concerning this AUP to email@example.com.
You may not use Tinkit’s network or Services to engage in, foster, or promote illegal, abusive behavior, including, but not limited to, any:
- 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 without express authorization of the owner of the system or network;
- Monitoring data or traffic on any system or network without the express authorization of the owner of the system or network;
- Interfering with service to any user of the Services or other network including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account without the account owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, or harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
- Use of the Services to distribute software that gathers information about a user or transmits information about the user without the user’s express consent;
- Use of the Services for distribution of advertisement delivery software unless: (i) the recipient consents to the download and installation of such software based on a clear and conspicuous notice which includes the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “add/remove” tool); or
- Conduct that is likely to result in retaliation against the Tinkit network or website, or Tinkit’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”).
2. Unsolicited Bulk Email
You may only use the Tinkit’s Bulk Mail Relay to send solicited bulk email, bulk meaning more than one copy of an email message, subject to the restrictions in this AUP. You may not use any other Tinkit mail services (including, but not limited to, Tinkit Hosted Exchange, Tinkit Hosted Zimbra or Tinkit Linux Mail) to send bulk email.
3. Mail Requirements
You must comply with the U.S. CAN-SPAM Act of 2003, as amended, and other laws and regulations of the U.S. or any applicable foreign country, related to bulk or commercial email. In addition, prior to sending any bulk or commercial email, you must meet the following requirements:
- Your intended recipients have given their consent to receive email from you via some affirmative and verifiable means, such as an opt-in procedure;
- Your procedures for obtaining consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
- You retain evidence of each recipient’s consent in a form that can be promptly produced on request;
- You must produce consent verification within 72 hours of receipt of any request from Tinkit or the email recipient;
- You have procedures in place that allow a recipient to revoke their consent to receiving bulk or commercial mail – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; you honor all revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
- You must post an email address for complaints (such as firstname.lastname@example.org) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You have implemented reasonable means to track anonymous complaints;
- You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return/ sender addresses. Your email must include the recipient’s email address in the body of the email or in the “TO” line of the email, and must include a valid sender address;
- The subject line of the email must clearly describe the subject matter contained in the email, and the email must include valid sender contact information; and
- You must not attempt to send any message to an email address if three (3) delivery failures have occurred.
These Mail Requirements apply to emails sent using the Services, or to emails sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via the Services.
In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These Mail Requirements apply to distribution lists prepared by third parties to the same extent as if the list was created by you.
Tinkit may test and otherwise monitor your compliance with these Mail Requirements. In addition to suspension or cancellation of your Tinkit account or any Services, and without limiting Tinkit’s remedies as set forth herein or in the Agreement, Tinkit reserves the right to block the transmission of any email that violates these Mail Requirements, and shall not be liable for such blocked transmission.
Tinkit may, at its discretion, require you or your customers to obtain advance approval for any bulk or commercial email.
4. Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a Tinkit system or network, or to breach Tinkit’s security or authentication measures, whether by passive or intrusive techniques, without Tinkit’s express written consent.
5. Newsgroup, Chat Forums, Other Networks
You must comply with the this AUP for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups. You also must comply with the rules of any other network you access or participate in using your Tinkit Services.
6. Offensive Content
You may not publish, transmit or store on or via the Services, or Tinkit’s network and equipment any content or links to any content that Tinkit, in its sole discretion, believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- 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 intellectual property protections;
- Infringes on another’s intellectual property, including but not limited to, copyright, trade or service mark, or patent;
- 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 Tinkit; or
- Is otherwise malicious, fraudulent, or may result in retaliation against Tinkit by offended viewers or recipients, or is intended to harass or threaten.
Content, as used above, means content published or transmitted via the Services, or Tinkit’s network or equipment and includes any and all content, data, information and any type of posting or transmission.
7. Live Events
The Services may not be used to stream any live sex acts. Without limiting Tinkit’s remedies as set forth herein or in the Agreement, Tinkit may prohibit you from streaming other live events where, in Tinkit’s sole discretion, that the event may violate the Offensive Content section above.
8. Intellectual Property Rights
The Services shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Tinkit or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
9. Copyright Complaints
10. Shared Systems
You may not use any shared system provided by Tinkit in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, Tinkit may prohibit the automated or scripted use of Tinkit Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your hosted code if it unnecessarily conflicts with the shared system. Tinkit may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
11. Website Storage
You may not use website storage areas provided by Tinkit to store data that is not related to public facing use. Example: You may not use a website storage area as an archive or backup storage area. For backup and/or archival purposes, you must use services provided by Tinkit that are designated for that specific purpose.
12. Third Party Conduct
You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
- You must have valid and current information on file with your domain name registrar for any domain hosted on the Tinkit network.
- You may only use IP addresses assigned to you by Tinkit in connection with the Services.
- You agree that if the Tinkit IP numbers assigned to your account, while in your control, are listed in an abuse database like Spamhaus, you will be in violation of this AUP, and Tinkit can take action to protect its IP numbers, including suspension and/or termination of your Services, regardless of whether the IP numbers were listed as a result of your actions.
- If you register a DNS record or zone on Tinkit managed or operated DNS servers or Services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Tinkit may modify, transfer, or delete such records or zones.