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Background

Document Version 2014.04.13

From time to time, Lux Scientiae may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the Internet under http://luxsci.com/extranet/legal.html. The AUPs are not exhaustive and Lux Scientiae reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs under http://luxsci.com/extranet/legal.html or upon notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs appropriate to your type of service, as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Lux Scientiae deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM LUX SCIENTIAE AND FORFEITURE OF ANY PRE-PAID FEES (e.g. PRE-PAID LAST MONTH). YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS LUX SCIENTIAE'S POLICY TO TERMINATE REPEAT OFFENDERS. LUX SCIENTIAE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

This High Volume Acceptable Use Policy applies to Basic High Volume and Premium High Volume outbound email service accounts only. "High Volume," as used in this document, will collectively refer to both the Basic and Premium services, unless otherwise specified.

High Volume outbound email accounts with overdue balances may be prohibited from sending any outbound email until their accounts are made current.

Prohibited Content and Industries

High Volume services may not be used for the sending of email:

  1. Offering to sell illegal goods or services
  2. That violates the CAN-SPAM Laws
  3. That is marketing or commercial email being sent to recipients without their permission
  4. That contains pornography or other sexually explicit material

Furthermore, High Volume services are not to be used for he sending of email for any of the following industries:

  1. Work from Home, Make Money Online, and Lead Generation opportunities
  2. Multi-level and Affiliate marketing
  3. Get Out of Debt and Credit Repair opportunities
  4. Gambling products or services
  5. Adult References or Adult Novelty Items
  6. Escort services or Dating services (excluding legitimate Dating sites)
  7. Loans or Mortgages
  8. Offers to buy pharmaceutical products (unless you are directly employed by a major pharmaceutical company)
  9. Stock Market content, Day Trading Tips, and other Online Trading content
  10. List Rental services and List Brokers
  11. Vitamin, Herbal, and Nutritional supplements (unless you are employed directly by a major company producing these products)

Customers wishing to send this type of content should consider setting up their own mail servers, as most legitimate email marketing companies will not be able to help you.

High Volume Usage Responsibility

LuxSci has a zero-tolerance policy with regards to the sending of Spam and Unsolicited Commercial Email (UCE). The High Volume email services are only for sending permission-based email marketing newsletters, transactional email, or for low volume non-bulk email. This implies that all of your marketing recipients must have explicitly opted into the receipt of any marketing mailings that you may send, and that there is a simple way for them to opt out at any time. The opt out mechanism must be clearly stated in every bulk mailing sent.

Opt ins can happen, for example:

  1. when visitors use your web site
  2. when people fill out digital or physical forms
  3. when people purchase services with your organization

Opt ins must clearly state what kinds of email messages the recipient will receive and how often.

High Volume users are prohibited from:

  1. Using purchased lists of email addresses of any kind (opt in or not)
  2. Harvesting email addresses from web sites or news groups
  3. Automatically opting visitors or purchasers into their subscriber list. This includes “pre-checking” an opt in box on forms.
  4. Automatically adding subscribers on one mailing list to unrelated mailing lists
  5. Sending emails to subscribers that are unrelated to the purpose to which they opted in
  6. Adding people to the mailing list without their permission
  7. Sending messages to people who have requested to be removed from the mailing list
  8. Using old lists without checking with the subscribers that their addresses are still valid and that they still wish to be subscribed.
  9. Repeatedly sending to defunct/non-working/invalid recipient email addresses (you must promptly remove failing addresses to prevent blacklisting).

High Volume Email users are allowed to:

  1. Send regular mailings to their distribution lists containing opted-in recipients.
  2. Email information to recipients who have asked to get content on that topic.

Other Prohibited Actions:

  1. Sending unsolicited bulk email
  2. Including in your messages any material that was not created by you, provided for your use, licensed by you, or that would violate anyone's rights. That includes text, photos, graphics, and other content.
  3. Employing any incorrect or misleading email addresses, names, physical addresses, email subject lines, or other information in your LuxSci profile or in any emails created or sent using LuxSci.
  4. Sending non-transactional, marketing, or promotional email that will be delivered to recipients as text, SMS, or MMS messages.
  5. Uploading or sending to purchased lists, rented lists, or third-party lists of any kind.
  6. Sharing your password publicly.

Basic High Volume Email "From" Addresses

It is the policy of Lux Scientiae that all messages sent via the Basic High Volume service:

  1. Originate from valid “From” (and Reply-To) addresses
  2. Any responses sent back to these “From” addresses are received and processed by the sender.
  3. Are not “From” addresses associated with free or public email services. I.e. no sending bulk messages from "AOL", "Gmail", "Hotmail", "Yahoo!", or your a college email address.
  4. Are using “From” addresses that belong to the sender; the sender must have full rights and permissions to be sending email from these addresses.
  5. Are using “From” addresses that are approved by Lux Scientiae before use. Lux Scientiae reserves the right to refuse the use of any particular “From” address for any reason.
  6. Cannot be sent from a “From” address to which the sender is not authorized, even after approval by Lux Scientiae, and is grounds for immediate termination of services.

Premium High Volume Email “From” Addresses

It is the policy of Lux Scientiae that all messages sent via the Premium High Volume service:

  1. Originate from valid “From” (and Reply-To) addresses
  2. Any responses sent back to these “From” addresses are received and processed by the sender.
  3. Are not “From” addresses associated with free or public email services. I.e. no sending bulk messages from "AOL", "Gmail", "Hotmail", "Yahoo!", or your a college email address.
  4. Are using “From” addresses that belong to the sender; the sender must have full rights and permissions to be sending email from these addresses.
  5. Cannot be sent from a “From” address to which the sender is not authorized, even after approval by Lux Scientiae, and is grounds for immediate termination of services.

High Volume AUP Enforcement

Lux Scientiae reserves the right to review and/or store copies of any or all messages sent through the High Volume Email service for the purposes of ensuring that they comply with this acceptable use policy. The content of these messages is covered by our privacy and non-disclosure policies (and our HIPAA BAA, as appropriate).

Lux Scientiae will review all requests for High Volume email services to ensure that the customer intends to abide by our acceptable use policy. Lux Scientiae reserves the right to postpone service while this review process takes place, to reject any potential client we deem to be a potential AUP-violation risk, and to suspend or terminate any client at any time due to actual or suspected AUP violations.

Lux Scientiae will add headers to all messages sent which include instructions on how to report abuse and which allows Lux Scientiae to identify the sender and the message sent. Lux Scientiae also keeps a log of all messages sent, including the IP addresses of the users who sent them.

Any High Volume user suspected of sending Spam or Unsolicited Commercial Email will be immediately suspended from using the High Volume services.

High Volume Complaint Policy

All complaints are taken seriously. Lux Scientiae has a zero-tolerance policy on the sending of Spam and Unsolicited Commercial Email. This is defined as “unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing.” You should be aware that, due to state and federal guidelines, you may be responsible for paying $100.00 per incident (i.e. per email message or recipient) for sending to anyone who has not opted into your mass mailings.

LuxSci handles complaints by:

  1. Examining the content of the message sent
  2. Reviewing the list of email addresses to which the message was sent so as to look for patterns common to harvested email address lists or other spam lists.
  3. Examining the complaint itself
  4. Obtaining records from the customer with respect to the opting in of that subscriber

We recommend that you keep logs and/or records of all opt ins (i.e. where, when, etc.) so that subscribers who have “forgotten” that they have subscribed to your mailing list can be reminded, and to back up your claims that the subscriber was emailed legitimately. The lack of proof of “opt in” in the face of complaints and messages that look like spam or possible UCE may result in account suspension.

High Volume customers are required to:

  1. Remove people from their mailing lists who have requested to be unsubscribed .
  2. Remove people from their mailing lists when their email address is no longer valid.
  3. Remove people from their mailing lists when those people email such a request back to the “From” or "Reply-To" address of the message.
  4. Remove people from their mailing list who have complained to their ISP that the mailing is unwanted/spam and where we have received those complaints though our feed back loops.

Any failure to remove subscribers from the mailing lists in a timely manner will result in immediate termination of services in the face of subsequent complains from such subscribers.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting dedicated servers under a customer’s control. If a customer’s server or account is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server or account and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $300 USD per hour. Inquiries regarding security matters may be directed to Support at support@luxsci.com.

System And Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Lux Scientiae may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  1. 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 system or network.
  2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  4. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Lux Scientiae. Such labor is categorized as emergency security breach recovery and is currently charged at $300 USD per hour required. Inquiries regarding security matters may be directed to Support at support@luxsci.com. Lux Scientiae is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Lux Scientiae urges its customers to assume that all of their online communications are insecure. Lux Scientiae cannot take responsibility for the security of information transmitted over Lux Scientiae’s facilities.

Password Protection

The customer is responsible for protecting customer’s password(s) and for any authorized or unauthorized use made of customer’s password(s). The customer will not use or permit anyone to use Lux Scientiae’s service to guess passwords or to access other systems or networks without authorization. Lux Scientiae will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

The account holder agrees to maintain strong password(s) to the account. Strong passwords are those that are at least 6 characters long, contain upper or lower case letters, and numbers or other characters, and are not easily guessed.

The account holder shall be solely responsible for maintaining the security of their accounts and passwords, and for preventing their unauthorized use. If the account holder shall become aware, or suspect, that any unauthorized person has obtained or attempted access through their account, then the account holder shall immediately notify Lux Scientiae and change their password.

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Lux Scientiae may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, torturous, indecently depicts children or is likely to result in retaliation against Lux Scientiae by offended users. Lux Scientiae reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Copyright Infringement - Software Piracy Policy

The Lux Scientiae network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to Support by e-mail at support.com

Lux Scientiae will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

Customers have a responsibility to use the Lux Scientiae network responsibly. This includes respecting the other customers of Lux Scientiae. Lux Scientiae reserves the right to suspend and or cancel service with any Customer who uses the Lux Scientiae network in such a way that adversely affects other Lux Scientiae customers. This includes but is not limited to:

  1. Attacking or attempting to gain unauthorized access to servers and services that belong to Lux Scientiae or its customers (i.e. computer hacking), and/or
  2. Participating in behavior that results in reprisals that adversely affect the Lux Scientiae network or other customers’ access to the Lux Scientiae network.

Lux Scientiae will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a Lux Scientiae customer, whether or not the attacked account or computer belongs to Lux Scientiae, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of Lux Scientiae is strictly prohibited.

Violations of this policy may be reported directly to the FBI’s Infrastructure Protection & Computer Intrusion Squad. Lux Scientiae will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any Lux Scientiae service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of Lux Scientiae services or products is prohibited. Using the Lux Scientiae network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within Lux Scientiae network are, to varying degrees, open to the public. You are solely responsible for your usage of the Lux Scientiae network and servers and any statement you make on servers hosted within the Lux Scientiae network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Pornography

Lux Scientiae will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Lux Scientiae network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Lux Scientiae explicitly prohibits use or display of material containing pornographic material of any kind. The use of Lux Scientiae services for the storage of such materials is also prohibited, even if such materials are not apparently publicly available.

Suspension

Lux Scientiae reserves the right to suspend access to any customer if, in the judgment of the Lux Scientiae network administrators, the customer’s server or service is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Lux Scientiae chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The customer will not be credited for the time the customer’s services were suspended.

Cancellation

Lux Scientiae reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be refunded on a prorated basis at the discretion of Lux Scientiae if Lux Scientiae institutes its right of cancellation. Any violation of policies that results in extra costs to Lux Scientiae will be billed to the customer (i.e. transfer, space etc.).

Indemnification

Lux Scientiae wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Lux Scientiae for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Lux Scientiae or the bringing of any claim against Lux Scientiae by any third-party. This means that if Lux Scientiae is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Lux Scientiae, plus costs and reasonable attorney’s fees.

Disclaimer of Responsibility

Lux Scientiae is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Lux Scientiae disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All Sub-Networks, resellers and managed servers of Lux Scientiae must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

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