Esper Digital's Acceptable Use Policy ("AUP") is designed to protect Esper Digital's customers ("Customers") and third parties, further compliance with all relevant laws and regulations, and promote the security and availability of Esper Digital's network and physical infrastructure. This AUP applies to each Customer's use of the services provided to it by Esper Digital ("Services") and every server or network device that is under each Customer's control and attached to Esper Digital infrastructure as a part of the Services ("Server").
This AUP is incorporated by this reference into each Customer's service agreement. Esper Digital reserves the right to amend this AUP from time to time, and a Customer's use of the Services after changes to the AUP are posted on Esper Digital's web site www.esper-digital.net 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 Esper Digital to monitor, review, or police the data and content residing on its network or (b) create any obligation of Esper Digital to any party that is not a Customer. Esper Digital expressly disclaims any liability for the data and content residing on its network and for the actions of its Customers.
Any questions or comments regarding this AUP should be directed to abuse@esper-digital.net or legal@esper-digital.net.
Customers shall not allow the posting, transmission, or storage of data and content on or through the Services which, in Esper Digital's sole determination, is indecent, objectionable, or constitutes a violation of any relevant law, regulation, ordinance, or court order.
A Customer shall not knowingly host on its Websites, or transmit over Esper Digital's network, any material believed by Esper Digital to constitute child pornography. In addition to the any other actions it may take under this AUP, Esper Digital reserves the right to cooperate fully with any criminal investigation of content that constitutes alleged child pornography.
Customers are prohibited from engaging in any activities that Esper Digital determines in its sole discretion to constitute network abuse, including the following:
Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server any information, data, material, or work that infringes the intellectual property rights of others. Esper Digital 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.
Esper Digital reserves the right to suspend permanently or terminate the Services of any Customer that repeatedly violates Esper Digital's Intellectual Property Infringement Policy or any copyright law.
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.
Mass Mailings – Customers may not sending 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 Esper Digital upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Esper Digital 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 Esper Digital upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Esper Digital 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 the following:
Customers 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"). Esper Digital reserves the right to comply with any Investigation without notice to a Customer. Customers shall not be entitled to service credits, and Esper Digital 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.
Esper Digital may enforce this AUP with or without notice to a Customer by any actions it deems necessary in its sole discretion, including the following:
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Esper Digital may take to enforce and ensure compliance with this AUP. Esper Digital 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.
Esper Digital 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.