Adistec Acceptable Use Policies provide the user of our services or facilities with information on what customers are and are not allowed to do while using our services. Any questions regarding this policy should be directed to aec@adistec.com

This policy ("AUP") apply to your use of and access to the Adistec Enterprise Data Centers, Networks and/or Services. In this Policy, Adistec Corp and its subsidiaries and affiliates are collectively referred to as "Adistec." By using or accessing...

If you do not wish to be bound by this Policy, you should not access, subscribe to, or otherwise use the Data Center, Network or Services offered by Adistec.
Adistec may amend this AUP to further detail or describe reasonable restrictions on your use of our Services by providing you thirty (30) days written notice. If your compliance with the revised AUP would adversely affect your use of any Services, you may elect to terminate the Agreement by giving Adistec written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these conditions. 

Offensive Content or Illegal Use

You may access and use the Network, Data Center or Services only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Adistec’s Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited.

You may not use Adistecs network or Services to engage in, or promote illegal, abusive, or irresponsible behavior, including:

• Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
• Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos;
• 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;
• Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
• Collecting or using information, including email addresses, screen names or other identifiers, by deceit (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles ;
• Any conduct that is likely to result in retaliation against the Adistec Data Center Infrastructure, network or services, or Adistecs employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
• Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
• Any action which directly or indirectly results in any of our IP space being listed on any abuse database;
• Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed;
• Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Adistec and/or any of its subsidiaries;
• You may not publish, transmit or store on or via the Services any content or links to any content that Adistec reasonably believes;
• Constitutes, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
• Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

Electronic Communications Network Security

You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:

• User must have a Privacy Policy posted for each domain associated with the mailing;
• User must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
• Interference with service to any user of the Adistec or other network including, without limitation, denial of service attack, news or mail bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks;
• You may not distribute, publish, or send through the Adistec Network or Servics: unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); unsolicited informational announcements; chain mail; numerous copies of the same or substantially similar messages; empty messages; messages which contain no substantive content; or very large messages or files that disrupt a server, account, newsgroup, or chat service. ;
• . Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Adistec;
• User must honor revocations of consent and notify recipients of the same;
• These policies apply to messages sent using Adistec’s Services, 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 the Adistec Infrastructure and/or Network.;

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of an Adistec system or network, or to breach the Adistec Enterprise Cloud security, whether by passive or intrusive techniques.  Additionally, you may not perform such testing of your own Hosted System without Adistec’s prior written consent.

Cooperation with Investigations and Enforcement of this Policy

If Adistec is legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

All users of the services must adhere to the terms of this Policy. We have the right, but are not obligated, to strictly enforce this Policy through self-help, active investigation, litigation and prosecution. Company shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using our services or Network, but reserves the right to do so.In the event that Adistec becomes aware that any such material may violate the terms of this Policy and/or expose Adistec to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (DMCA), Adistec reserves the right to block access to such material and suspend or terminate any user creating, storing, copying, or communicating such material, including any user whom Aistec becomes aware has engaged in any of the foregoing activity multiple times.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

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. 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. Adistec has a Professional Services Division who can help you & your customers with all this measures, upon request and for an additional charge.

DISCLAIMER of WARRANTIES and LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE Adistec Data Center, Network and/or Services. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE Adistec NETWORK IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Adistec, ITS Subsidiaries, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Adistec DOES NOT GUARANTEE THAT THE NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL Adistec, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FROM THE USE OF THE NETWORK, Services or Systems THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE NETWORK, ANY SERVICES OFFERED THROUGH THE NETWORK, OR ANY TRANSACTION PERFORMED THROUGH THE NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS Subsidiaries, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED FULLY PERMITTED BY SUCH STATE LAW.

GOVERNING LAW

This Policy is governed by and construed under the laws of the State of Florida, without regard to its conflict of laws principles. You are responsible for ensuring that your conduct is always in compliance with all applicable laws, rules, and regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Adistec, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys fees, that arise from: (A) any violation of this Policy by you; (B) any violation of any rights of a third party by you; (C) any violation of applicable law; (D) information or content that you submit, post, transmit or make available through the Network; or (E) your use of the or Network.