Last Modified: 08/26/08
This is I-Evolve's Usage Policy, which supplements the service agreement of each user of I-Evolve's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using I-Evolve's services, network and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. I-Evolve will revise this Usage Policy from time to time. Subscribers violate this Usage Policy when they (or their affiliates or clients) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. I-Evolve is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
I-Evolve has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our clients as well as the Internet community from the negative effects of "spam" related activity. I-Evolve defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender.
- I-Evolve clients, or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. I-Evolve may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.
- I-Evolve clients are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
- I-Evolve clients will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.
- I-Evolve clients are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
- Valid complaints received by I-Evolve will be forwarded to the client for a response and resolution. If within twenty-four (24) hours there is no response, I-Evolve may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with I-Evolve when it changes.
- If I-Evolve receives repeat complaints indicating that a problem has not been resolved, I-Evolve reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours. I-Evolve will then forward mail to the company directly, bypassing the spam filtering.
To report an incidence of abuse, please email email@example.com
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. I-Evolve is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by I-Evolve, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. I-Evolve will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Engaging in any activity that, in I-Evolve's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with or be harmful to) the Services, I-Evolve's business, operations, reputation, goodwill, clients and/or client relations, or the ability of I-Evolve's clients to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, the failure by a Subscriber to cooperate with I-Evolve in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a client of the Subscriber is a violation of this Usage Policy. In general, I-Evolve does not monitor its clients' websites or activities to determine whether they are in compliance with this Usage Policy. However, when I-Evolve becomes aware of any violation of this Usage Policy or its User Agreement, I-Evolve may take any action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, I-Evolve may take action against a Subscriber or a client of such Subscriber because of the activities of such client. I-Evolve reserves the right to take any such action even though such action may affect other clients of the Subscriber.
I-Evolve may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect I-Evolve or others from harm, and/or to ensure the proper operation of the Services. I-Evolve has no obligation to notify any person, including the Subscriber about whom information is sought, that I-Evolve has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, I-Evolve has adopted a policy that provides for termination of websites hosted by I-Evolve that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by I-Evolve or its subsidiaries, and the copyright holder wants I-Evolve to remove the website or disable the material in question, I-Evolve will remove the website or disable the material if the copyright holder provides us with all of the following information:
- A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
- A statement that the person giving the notification has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Notices should be directed to:
Legal Department I-Evolve Inc.
501 John James Audubon Parkway, Suite 201
Amherst, NY 14228