Acceptable Use Policy for Trinsic Technologies

Updated: January 15, 2015

1. Introduction

1.1 This Acceptable Use Policy (“AUP”) as amended, modified or supplemented from time to time, is incorporated by reference into your IT Service Agreement with Trinsic Technologies, Inc. (“Trinsic”).  This AUP is designed to (i) protect Trinsic’s customers, users of Trinsic’s website, Trinsic's products and services ("Services"), Trinsic computer network and physical infrastructure (“Network”), and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Trinsic’s website, Trinsic Network and physical infrastructure and (iv) regulate and restrict the use of all Trinsic Services, its website, Trinsic Network and its physical infrastructure (the “Trinsic System”). This AUP is also intended to establish a clear understanding of what Trinsic expects of its clients using its services.

By using the Trinsic System, you agree to comply with this Acceptable Use Policy (“AUP”) and to be responsible for use by your users and your customers’ users.  Trinsic may suspend or terminate your Service) for violation of this AUP in accordance with your Agreement.

1.2 Trinsic may modify the AUP at any time without notice by posting a revised AUP on www.trinsictech.com. Changes are effective on posting. Your use of a Service after changes to the AUP are posted constitutes acceptance of any changed or additional terms. Trinsic makes this AUP available in an online format. You also may request the latest version by contacting Trinsic.

2. Abuse

You may not use the Trinsic System to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  1. Use of an internet account or computer without the owner's authorization;
  2. 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 data, system or network;
  3. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified if prohibited by applicable law (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
  4. Collecting or using information without the consent of the owner of the information if prohibited by applicable law;
  5. Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
  6. Distribution of software that covertly gathers information about a user or covertly transmits information about the user;
  7. Distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of 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 "ad/remove" tool);    
  8. Any conduct that results in retaliation against the Trinsic network or website, or Trinsic's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack.
  9. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  10. Interference with or disruption of a Service or Trinsic servers or networks or service to any other user of a Service or the Trinsic or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  11. Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (such as rights or privacy and publicity) of others;
  12. Use in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative, unsolicited, or disruptive messages (commercial or otherwise); or
  13. Creating user accounts by automated means or under false or fraudulent pretenses.

3. Content

3.1 You are solely and fully responsible for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using the Trinsic System. Trinsic has no responsibility for any material created on or accessible using the Trinsic System. 

3.2 You may not publish, transmit or store via the Trinsic System any content or links to any content that Trinsic reasonably believes:

  1. Constitutes inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  2. Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
  3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  4. Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with an investigation by law enforcement;
  5. Improperly exposes trade secrets or other confidential or proprietary information of another person;
  6. Is intended to assist others in defeating technical copyright protections;
  7. Infringes on another person’s copyright, trade or service mark, patent or other intellectual property rights;
  8. Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
  9. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Trinsic; or
  10. Is malicious, fraudulent or may result in retaliation against Trinsic by reasonably offended viewers. 

4. Network Security

You may not:

  1. Upload any files that contain viruses, Trojan horses, works, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Trinsic network, Trinsic equipment, or a Service or use a Service in any way that is harmful to or interferes with the Trinsic System;
  2. Circumvent user authentication or security of any host, network or account;
  3. Execute any program or process that causes security breaches or disruptions of a Service, including without limitation war dialing, flood pings, packet spoofing, and forged telephone information;
  4. Otherwise use a Service in any way that is a security risk; or
  5. Refuse to comply, in a timely manner, with Trinsic requirements for network security, including changes required to comply with Payment Card Industry (PCI) security standards, Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act, or other security and privacy laws, regulations or standards..

5. Excessive Use of System Resources; Threats on Shared Resources

You may not use any shared system provided by Trinsic in a way that unnecessarily interferes with the normal operation of the shared system or with the use of the system by other Trinsic customers or resellers.  You agree that Trinsic may quarantine or delete any data stored on a shared system if Trinsic reasonably believes that 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.

6. Email Requirements; SPAM

6.1 Messages sent using the Systems must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email, including without limitation the following requirements:

  1. Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
  2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
  3. You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and Trinsic’s requests to produce consent evidence within 72 hours of receipt of the request;
  4. You have procedures in place that allow recipients to revoke their consent, such as a link in the body of the email or instructions to reply with the word "Remove" in the subject line, you honor revocations of consent within 48 hours and notify recipients;
  5. You post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you promptly respond to messages sent to that address;
  6. You have a privacy policy posted for each domain associated with the mailing;
  7. You have the means to track anonymous complaints;
  8. You do not obscure the source of your email in any manner. Your email must include the recipient's email address in the body of the message or in the "TO" line of the email;
  9. You do not use the System or your account to collect replies to messages sent from another provider that violate the acceptable use policy or other rules of that provider.

6.2 Trinsic may block the transmission of email that violates any of these provisions.

7. Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of the Trinsic System, or to breach the Trinsic security or authentication measures, whether by passive or intrusive techniques, without Trinsic's express written consent.

8. Copyrighted Material

8.1 You may not use the Trinsic System to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless (a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or (b) you are otherwise permitted by established copyright law to copy the work in that manner.

8.2 It is Trinsic's policy, in appropriate circumstances, to terminate the Service of customers who are repeat infringers.

9. Newsgroup, Chat Forums, Other Networks  

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate using the System, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums. You must comply with the rules of any other network you access or participate in using the Trinsic System.

10. Compliance with Laws; Export.

You must ensure that neither the Trinsic System, nor any software component Trinsic may provide you yo access the Trinsic System (“Client Software”), is used in or for any illegal, fraudulent, unauthorized or improper manner or purpose. You must comply, and insure that the Service and Client Software are used only in compliance, with applicable U.S., foreign, and international laws and regulations, including without limitation (i) Internet, data, telecommunications, telemarketing and “spam” laws and regulations, (ii) the U.S. Foreign Corrupt Practices Act, U.K. Bribery Act, other anti-corruption laws, U.S. Export Administration and Treasury Department's Office of Foreign Assets Control regulations, and (iii) other anti-boycott and import regulations.  You agree: (i) that the export, re-export, transfer, re-transfer, sale, supply, access to, or use of a Service or Client Software to or in a third country or to, by, or for a different end user or end usemay require a U.S. or other government license or other authorization; and (ii) not to, directly or indirectly, export, re-export, transfer, re-transfer, sell, supply, or allow access to or use of a Service or Client Software to, in, by, or for sanctioned, embargoed, or prohibited countries, persons, or end uses under U.S. or other applicable law (collectively, “Prohibited Uses“). You are responsible for screening for Prohibited Uses and obtaining any required licenses or other authorizations. You indemnify Trinsic for any violation by you, your customers, your customers’ users of any applicable export controls and/or economic sanctions laws and regulations.

11, Other Requirements

11.1 You may only use a Service in a manner that is consistent with the purpose of intent of the Service.  If you are unsure of the acceptable use or purpose of a Service, you should contact Trinsic and obtain clarification and approval for its specific use.

11.2 You may only use IP addresses assigned to you by Trinsic in connection with your Trinsic Service, as applicable.

11.3 You agree that if Trinsic IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will take prompt action to remedy the issue.  If you do not do so within 10 days of written notice from Trinsic, Trinsic may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, if the IP addresses were listed as a result of your actions. 

11.4 You may not register to use any Service under a false name, or use an invalid or unauthorized credit card in connection with any Service.

11.5 You may not furnish false or incorrect data on Trinsic required documentation or attempt to circumvent or alter the processes or systems that measure time, calls, or other methods for calculating your use of a Service.

11.6 You are responsible for taking prompt corrective action(s) to remedy a violation of this AUP and to help prevent similar future violations.

12. Violations

Violations of this Policy may result in a request for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Trinsic in its sole discretion. Whenever practical, it is Trinsic’s preference to provide advance notice so that violations may be addressed voluntarily; however, Trinsic reserves the right to act without notice when necessary, as determined by Trinsic in its sole discretion. Trinsic may involve and will cooperate with law enforcement if criminal activity is suspected.  Refunds or credits are not issued in connection with actions taken for violations of this Policy.

13. Incident Reporting

All complaints regarding violations of this Policy should be directed to abuse@trinsictech.com. Where possible, include details that would assist Trinsic in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

© 2015 Trinsic Technologies, Inc.