Using our Services requires common sense, and you agree not to use the Services in ways that violate the law, harm other people or our network, or breach Internet community standards. And, you may not use the Services to enable others to do those things. We have set out specific prohibited activities in this acceptable use policy (“Policy”). However, because the nature of what is an acceptable use of the Internet is constantly evolving, we reserve the right to make changes to the Policy at any time. We agree to provide you with notice of material changes, and if they have a negative material effect on your ability to use the Services you may terminate your Agreement with us without any additional Fees. You agree to incorporate the Policy, or restrictions no less protective of our interests, into your contract with your end users.
Laws; Harmful Content
You may not use the Services to violate any local, regional, national or international law or regulation. In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts, or beastiality; illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against the Pressidium® Platform or TechIO Limited’s systems, network or employees, including behavior that results in a server being the target of a denial of service attack.
You may not use the Services to host content which is adult in nature, including explicit nudity in a sexual context or any content with exposed genitalia, adult or pornographic themes, adult related membership websites (with or without paid subscriptions), pornography, erotic or pornographic advertisements, links to external adult websites and any explicit sex-related content. Adult subscription or membership based “pay sites”, escort agencies, adult forums, adult listings or adult directories, and erotic solicitation of any kind are strictly forbidden.
Educational adult websites (Sex Ed, educational documentaries, safe-sex educational content) and adult (erotic toy) e-commerce stores are allowed under condition that the sites and content are not pornographic in nature.
If you use the Services to transmit email, you must do so responsibly. Sending or promoting SPAM using the Services is prohibited. We consider SPAM to be the transmission of any email messages that are in violation of the most recent regulations issued by the US Federal Trade Commission implementing the CAN-SPAM Act or, any foreign equivalent thereof. In addition and at our discretion, we may place limits on the number of outbound messages you send if our review of your account indicates that you are jeopardizing our network stability. Without limiting any other rights we may have, the parties agree that should you breach this section by sending SPAM it would be difficult to determine actual damages. Accordingly, a €500 charge per violation will be assessed as a reasonable estimate of the damages that would accrue if a breach occurred in the future. The parties further agree that such €500 would not act as a penalty.
Overburdening Resources; Overuse
You may not overburden the Services. You may not place excessive burdens on our, or the providers of Third Party Services’, CPUs, network, storage, servers or other resources or interfere with the services we provide to other customers. You may not use excessive storage, bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of the Services by similarly situated customers, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated customers. If the Order sets out an amount of data transfer or number of visitors, you agree not to exceed this amount. If you do, and we choose not to limit your use of the Services, your data transfer, storage or visitors over the contracted amount will be billed at our then-current rate.
Internet Relay Chat; Videos
You may not use, or provide, open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.
DMCA Website Notice
If you believe a TechIO Limited customer on a site hosted by the Pressidium® Platform is infringing your copyright, please send a written notice to:
Section 512(c) of the US DMCA requires that a notice include all of the following in order to be valid:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
c. 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 TechIO Limited to locate the material;
d. Information reasonably sufficient to permit TechIO Limited to contact you, such as an address, telephone number, and, if available, an e-mail address;
e. 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, its agent, or the law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the foregoing requirements your DMCA notice may not be valid and TechIO Limited may take no action.