Acceptable Use Policy

By using Artuis's (“Artuis”, “our”, “us” or “we”) products and services, you (“you”, “your” or “Customer”) agree to comply with our policies. Artuis's Acceptable Use Policy (“AUP”) for the services of Artuis and Artuis's affiliates is defined herein. This AUP is incorporated by reference into each Master Service Agreement and/or Service Order. Your use of our products and services is subject to your acceptance and compliance with this AUP. We reserve the right to amend or modify this AUP from time to time, and we will post any such changes to the AUP on our website at www.Artuis.com. We will provide you with written notification of any material changes to the AUP.

You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AUP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSIONS OF USERS.

Interpretation

The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, is prohibited. We reserve the right to prohibit activities that damage our or our affiliates' commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.

Illegal Use

Our products and services may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation:

• Material protected by copyright, trademark, trade secret, or other intellectual property rights used without authorization.
• Material that is obscene, indecent, harassing, abusive, threatening, unlawful, or in violation of export control laws.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Our servers and networks may not be used for:

• Introducing or executing malicious programs like viruses, worms, Trojan horses, and keyloggers.
• Causing or initiating security breaches or disruptions (port scans, flood pings, email bombing, etc.).
• Intercepting data not intended for your server.
• Evading authentication or security mechanisms.
• Denial of service attacks.
• Using software or services designed to violate this AUP.
• Soliciting illegal activity or interfering with user sessions.

If you are aware of or believe a violation has occurred, please contact us immediately.

Spamming

(i) Prohibited Activities:

• Sending unsolicited bulk messages (spamming).
• Creating fake weblogs to promote sites (splogs).
• Spamming weblogs or posting random comments for promotions.

(ii) Legal Compliance: All users must comply with relevant laws like the CAN-SPAM Act of 2003.

(iii) Email Practices: Mass email without opt-in consent is prohibited. Users must maintain accurate opt-in records and provide them on request. Mailing lists must allow self-removal.

• Receiving replies to unsolicited mass emails.
• Forging email headers (spoofing).
• Spam through proxies or third parties.
• Hosting spam-advertised web pages (spamvertising).
• Operating services supporting spam.
• Sending unsolicited posts via blogs, chats, instant messages, etc.

(iv) If your activities cause blacklisting, we may terminate your service and charge a remediation fee of $250 upfront plus $120 per hour.

Consequences of Violations and Enforcement

Upon awareness of a violation, we may restrict, suspend, or terminate your account. Serious offenses will be reported to law enforcement. Disclosure of information may occur as part of investigations or to prevent harm.

• We may disable access to offending content.
• Suspend or terminate services.
• Block network traffic or remove DNS records.
• Take legal action to enforce compliance.

Suspensions or terminations do not relieve you of outstanding fee obligations.

Cooperation with Investigations

You must cooperate with discovery orders, subpoenas, search warrants, information requests, surveillance, and all lawful government investigations.

EU-U.S. Data Privacy Framework

Artuis complies with the EU-U.S. DPF and UK Extension. Complaints should be directed to privacy@artuis.com.

For unresolved complaints, contact BBB NATIONAL PROGRAMS. This service is free of charge.

Binding arbitration may be available for unresolved DPF complaints. See: Data Privacy Framework Binding Arbitration.