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 Literati Home : Support : Acceptable Use Policy
Acceptable Use Policy

Last updated: March 27, 2006

Introduction

Literati Information Technology, LLC’s (“Literati”) Acceptable Use Policy ("AUP") is designed to protect Literati’s customers ("Customers") and third parties, further compliance with all relevant laws and regulations, and promote the security and availability of Literati Internet Web Server (“Server”). This AUP applies to each Customer's use of the services provided to it by Literati ("Services") that in some way work with, relate to, or are hosted on the Server.

This AUP is incorporated by reference into each Customer's regular invoice. Literati reserves the right to amend this AUP from time to time, and a Customer's use of the Services after changes to the AUP as posted on Literati's web site www.literati.com will constitute the Customer's acceptance of any such amendments.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by Customer. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate Literati to monitor, review, or police the data and content residing on its Server or (b) create any obligation of Literati to any party that is not a Customer. Literati expressly disclaims any liability for the data and content residing on its Server and for the actions of its Customers.

No sections of this AUP overrides or replaces another. Any potential conflicting statements will be evaluated by Literati. Literati reserves the right to make all decision concerning acceptable use in regards to the Literati Server.

No sections of this AUP overrides or replaces any section in the Literati Terms of Service. Any potential conflicting statements will be evaluated by Literati. Literati reserves the right to make all decision concerning acceptable use in regards to the Literati Server and Literati Terms of Service.

Any questions or comments regarding this AUP should be directed to abuse@literati.com or legal@literati.com.


Prohibited Content

This Prohibited Content section applies to all Services provided by the Literati Server, including, but not limited to, web site hosting, database hosting, and email account hosting.

Where this section may overlap with other sections of this AUP, both sections apply to the Service as provided by the Server. Any potential conflicting statements will be evaluated by Literati.

Customers shall not allow the posting, transmission, or storage of data and content on or through the Services which, in Literati's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for obeying all laws or regulations that are applicable to their use of the Services. The Literati Server is physically located in the United States and all applicable local, state, federal, and international laws must be followed.

Customers may not have content on their web site that can be construed as defamatory, abusive, threatening, libelous, or slanderous towards Literati, any other Customer, individual person, business, organization, or government entity.

Customers may not have content on their web site that is in any way illegal, advertises illegal goods or services, or assists in the carrying out of any illegal action. The Literati Server is physically located in the United States and all applicable local, state, federal, and international laws must be followed.

Customers may not have content on their web site that is used for distributing spam, spyware, computer viruses, pirated software, or any other malicious computer files or programs. Customers may not use their web site to redirect or hijack traffic for any other web site or domain name. Customers may not use their web site to exploit any cross-site scripting vulnerabilities.

Customers may not have content on their web site that is pornographic, sexually explicit, or considered adult material. A Customer shall not knowingly host on its web site, or transmit over Literati's network, any material believed by Literati to constitute child pornography. In addition to any other actions it may take under this AUP, Literati reserves the right to cooperate fully with any criminal investigation of content located on the Server that constitutes alleged child pornography. All cases of suspected child pornography will be handed over to the appropriate authorities.

Customers may not store credit card numbers, checking account numbers, or other personal financial data of their customers with their web site or databases associated with their web site without prior approval from Literati. Literati accepts no responsibility for the protection and security of such data.

A Customer may not knowingly and willingly infringe on another person’s or groups intellectual property or copyrights. Please see the Intellectual Property Infringement below.

Literati has the right to make final decisions on what is or is not appropriate web site content. Literati reserves the right to remove or suspend hosting of any web site that contains inappropriate content and/or violates this AUP.

Prohibited Activities

This Prohibited Activites section applies to all Services provided by the Literati Server, including, but not limited to, web site hosting, database hosting, and email account hosting.

Where this section may overlap with other sections of this AUP, both sections apply to the Service as provided by the Server. Any potential conflicting statements will be evaluated by Literati.

Customers are prohibited from installing and operating any software not approved by Literati. Use of any software, plug-ins, scripts, add-ons, or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive activity is expressly prohibited under this AUP, including (i) disruption or denial of service or (ii) the use or joining of "botnets" or (iii) the use of other proxy and re-direction software. If a Customer's activities attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Literati may null-route, filter, suspend, or terminate that Customer's service.

Customers may not manipulate the files stored on the Server to compromise or damage Literati’s Server or network or any other third party server or network. This includes, but is not limited to, trying to fill up the file system, trying to access other Customer’s files, flooding log files, etc.

Customers are permitted to use advanced web technologies that are provided by the Literati Server, such as web scripting languages and databases. Customers are not permitted to create code or web sites that put an undue burden on Server resources. Literati reserves the right to remove or suspend from hosting any code or web site that is either intentionally or unintentionally inappropriately using Server resources.

A Customer may not participate in the abuse of the Server’s network. See the Network Abuse section below.

A Customer may not infringe on another person’s or group’s intellectual property or copyrights. Please see the Intellectual Property Infringement below.


Network Abuse

Customers are prohibited from engaging in any activities that Literati determines in its sole discretion to constitute network abuse, including, but not limited to, the following:

  • Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
  • Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
  • Executing any form of network activity that will intercept data not intended for the Customer's web site, email account, or other Service.
  • Evading or circumventing user authentication or security of any host, network, web site, or account, including cracking, brute-force, or dictionary attacks.
  • Interfering with or denying service to any user, web site, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
  • Conduct designed to avoid restrictions or access limits to specific services, web site, hosts, or networks, including the forging of packet headers or other identification information.
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.

Customer Security Obligation

Customers must use reasonable care to ensure the security of their Services. A Customer is solely responsible for any user accounts, passwords, or other access to their Services. Literati reserves the right to disconnect without provision of service credit any web site, email account, or other Service which disrupts Literati's Server or network as a result of a security compromise.

Intellectual Property Infringement

Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on a web site, email account, or other Service any information, data, material, or work that infringes the intellectual property rights of others including but not limited to copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Literati has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.

Literati reserves the right to suspend permanently or terminate the Services of any Customer that repeatedly violates Literati's Intellectual Property Infringement policy or any copyright law.

Web Site Hosting

Whether a Customer designs and/or maintains their web site or a Customer’s web site is designed and/or maintained by Literati the Customer is responsible for following all sections of this AUP. Customers should especially note the Prohibited Content and Prohibited Activities section of this AUP.

Literati reserves the right to make final decision on what is an acceptable web site content. Literati also reserves the right to remove or suspend use of any web site or web site content hosted on the Literati Server.

Domain Name Registration and Hosting

Customer may not ask Literati to host or register a domain name that contains profanity or a domain name that is adult content oriented. Literati reserves the right to make final decisions on what domain names will be hosted on the Server and of what domain names Literati will register for a Customer.

If Customer maintains their own domain name registration and/or their own domain name server entry for their domain name, Customer agrees that Literati is not responsible for proper domain name configuration and use within the Internet domain name system. Customer agrees to not create and direct any domain name to the Literati Server that Literati has not approved for hosting.

Literati reserves right to remove or suspend from hosting any domain name Literati feels is inappropriate and/or violates this AUP.

E-mail, Mailing List Policy

Customer’s user account, email address, or email alias may not contain profanity or be adult content oriented. Literati reserves the right to make final decision on what is an acceptable user account, email address, or email alias. Literati also reserves the right to remove or suspend use of any user account, email address, or email aliases hosted on the Literati Server.

Literati requires all POP3 and IMAP connections to retrieve email to be password protected and done using SSL (POP3s, IMAPs). Literati requires all SMTP outgoing email connections to be password protected and performed via SSL (SMTPs/TLS). Any POP3, IMAP, or SMTP connections that cannot be performed via SSL must be approved by Literati. Customers may not knowingly and willingly circumvent Literati Server authentication and encryption for retrieval and sending of email.

Customer may not send unsolicited bulk messages over the Internet (i.e., "spamming") and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003.

Literati implements filtering software to process any email received by the Server. Literati reserves the right to modify current spam filtering software and install additional software. Because of the negative impact of spam on the Server and the possible negative impact of spam when interacting with other Internet servers, Customers will not knowingly and willingly circumvent any spam filtering on the Server or disable any spam filtering on the Server without Literati’s approval.

Mass Mailings – Customers may not send mass unsolicited e-mail, which is email that is sent to recipients who have not double-opted in to mailings from the Customer. Customers who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to Literati upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Literati will consider the mass mailing to be unsolicited.

Mailing Lists – Customers are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail addresses available to Customer for distribution of information. Customers who operate mailing lists must maintain complete and accurate records of all consents and opt-ins (including the actual e-mails and their headers) and provide such records to Literati upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Literati will consider the list mailing to be unsolicited. Any Customer-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited mailing activities include, but are not limited to, the following:
  • Use of Literati's network for the receipt of replies to unsolicited mass e-mail
  • Forgery of e-mail headers ("spoofing")
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software
  • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication
  • Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")

Block Removal – If, as a result of a Customer's actions, Literati's mail servers or IP address ranges are placed on black hole lists and other mail filtering software systems, Literati shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

File Storage

All data, including but not limited, to web sites, email, and databases, on the Literati Server is stored within a file system. Literati reserves the right to access and manipulate all files on the Literati Server, this includes but is not limited to, reading, deleting, and backing up files. Literati reserves the right to remove or suspend from hosting any files that are determined to be causing problems with normal Server operations.

The Literati Server currently employs a flexible policy in regards to Customers storing files. Customers are permitted to store files as they need without limitations. However, Literati reserves the right to remove files that are deemed to be causing a problem with normal Server operations. Literati also reserves the right to implement a quota system that would limit the amount of file space a Customer could use. A quota system implemented on the file system has the potential to cause data loss, including but not limited to email bounces or file upload failures. Customer agrees to not hold Literati responsible for any data loss caused by Customer exceeding their file system quota.

Remote Access

The Literati Server provides remote access including, but not limited to, SSH/SFTP, FTP, POP/IMAP, and web site login. Customers may not in compromise their login account information by any action including, but not limited to, giving their username and passwords to third parties, posting their username and password in any web forum, or providing username and password information to any unauthorized user.

Customers may not use their remote access to the Literati Server to attempt to compromise or damage the Literati Server or network or any other third party server or network.

Literati reserves the right to make final decisions on what is appropriate use of Customer’s remote access. Literati also reserves the right to suspend or remove remote access that is in violation of this AUP.

IP Allocation

Customers do not use the IP address of the Server directly. All IP address use is managed by Literati. Any IP address configured for a Customer’s Services must be approved by Literati.

IRC, Usenet, And Other Services

Literati does not operate or maintain all Services on the Server for Customer use. Literati does not operate or maintain all possible Internet related services, ie: Literati does not operate IRC or Usenet services. Literati reserves the right to install, operate, and maintain other Internet Services. If such Services are intended for Customer use, their use will be governed by this AUP.

Legal Investigations

Literati will cooperate and comply with any civil or criminal investigation regarding content located on its Servers, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation").

Literati reserves the right to comply with any Investigation without notice to a Customer. Customers shall not be entitled to service credits, and Literati shall not be in default under any agreement for Services, if its compliance with any Investigation causes a Customer to incur downtime or requires the sequestering of all or a portion of the Servers or Customers content.

Violations of AUP

Literati may enforce this AUP with or without notice to a Customer by any actions it deems necessary in its sole discretion, including the following:

  • Disabling access to a Customer's content that violates this AUP
  • Modifying a Customer’s web page or other Service so that it conforms to this AUP
  • Removal of DNS records from Servers
  • Blocking mail or any other network service
  • Effecting IP address null routing
  • Suspending or terminating of a Customer's service
  • Taking direct action against a Customer's users and customers.

The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Literati may take to enforce and ensure compliance with this AUP. Literati reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.

Literati reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server.

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