This Acceptable Use Policy (the “Policy” or “AUP”) is an integral part of your Terms of Service Agreement (“TOS”) with MODX Systems LLC, a Texas Limited Liability Company, its affiliates and wholly owned subsidiaries (“MODX”) for the provision of services (collectively the “Services”) set forth in the TOS agreement.
This policy is designed to help protect MODX’s customers from irresponsible and/or illegal activities. Customer agrees to comply with the AUP and is responsible for the use of the Services by all entities and individuals whom Customer permits to use the Services. MODX reserves the sole and absolute right to interpret, apply, define and implement this Policy.
The Policy is a non-exclusive list of the actions prohibited by MODX and MODX reserves the right to modify the Policy at any time, effective upon notice to you. Customer’s use of the Services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
The IP Address Policy (as described in the TOS) which may be changed from time to time at MODX’s sole discretion is incorporated into this AUP by reference. Customer acknowledges and agrees to adhere to the IP Address Policy. All IP Addresses assigned to Customer are owned and managed by MODX. Such IP Addresses are non-transferable, and Customer retains no ownership or transfer rights to such IP Addresses. All IP Addresses are assigned by MODX on a per VLAN, per server basis. Attempted use by Customer of any unallocated IP Address or any IP Addresses on VLANs not assigned to Customer is a violation of this AUP.
The Services shall not be used in violation of any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. This includes, but is not limited to:
- Unlawful gambling activities
- Threats, harassment and abuse of any individual, organization or business
- Fraudulent activities
- Terrorist websites or other sites advocating human violence and hate crimes based upon religion, ethnicity or country of origin
- High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and/or advertising via email websites or schemes designed to defraud.
You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom MODX is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, or as otherwise prohibited by law, nor may you provide administrative access to the Service to any person (including any natural person or government or private entity) that is located in or is a national of any country that is embargoed or highly restricted under United States export regulations.
You may not use any MODX Service to distribute content or links to content that MODX reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to adult content, including, without limitation, child pornography, bestiality, or non-consensual sex acts;
- Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy;
- 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;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to MODX;
- Is otherwise malicious or fraudulent, or may result in retaliation against MODX by offended recipients; or
- Is intended to be obscene, indecent, racist, libelous, harassing or threatening.
MODX has a zero-tolerance policy on child pornography and related sites. In particular, the Services shall not be used to publish, submit, receive, upload, download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. The hosting of child pornography or related sites or contact information is in direct violation of federal law and MODX’s AUP.
Denial of Service
Any activity to implement or assist in the implementation of denial of service attack. MODX absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks ("DoS") or distributed denial of service attacks ("DDoS"). Customers may not utilize the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of MODX’s AUP.
Any activites that undermine or cause harm to a MODX server or subscriber of MODX is strictly prohibited, including, but not limited to:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner;
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the MODX’s systems;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access; and
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mail bombing,” or “crashing” any computer system.
- You agree that we may quarantine or delete any data stored on the MODX network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other customers’ data that is stored on the network.
We do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also, any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
We do not allow game servers (dedicated game server programs) of any kind.
MODX prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and MODX’s AUP.
Violation of Intellectual Property Rights
Violation of Intellectual Property Rights: The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of MODX or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Distribution of Malware
MODX prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by MODX on a case by case basis. Example: Security company using the Services to analyze the latest root kit for new security analysis/software.
MODX strictly prohibits any activity associated with phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal or suspension of Customer’s account.
Vulnerability Monitoring and Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a MODX system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without MODX’s express written consent.
IP Address Usage
You may only use IP addresses assigned to you by MODX in connection with your MODX Services. You agree that if the MODX IP addresses assigned to your account are listed on an abuse database, you will be in violation of this AUP, and MODX may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, regardless of whether the IP addresses were listed as a result of your actions.
You may not use any MODX Service to send Bulk Mail. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the MODX system is not considered Bulk Mail.
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends. Any such email shall comply with all laws and regulations, including without limitation, the CAN SPAM Act.
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
Email Abuse Complaints
Complaints from email recipients and third-party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. MODX shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
MODX may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or MODX is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.
The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of MODX’s AUP. This includes UseNet services located within the MODX network or unrelated third party networks.
Contact Information Filed with Domain Name Registrar
You must have valid and current information on file with your domain name registrar for any domain hosted on the MODX network. You agree that if you register a DNS record or zone on MODX managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrar’s WHOIS system, that, upon request from the registrant or administrative contact according to the registrar’s WHOIS system, MODX may modify, transfer, or delete such records or zones.
MODX Administrative Access
You, the customer, acknowledge that to facilitate efficient server management, inventory and related activities, the MODX servers may include a MODX administrative account and password and/or a MODX daemon. All reasonable precautions are made by MODX to maintain the security of these tools and the privacy of client data. You will not tamper, hinder, delete or in any way change the functioning of these tools.
If you resell, rent or otherwise allow third parties to use any MODX Services, you are responsible for use of the Services by such third parties in violation of this AUP to the same extent as if you were using MODX Services yourself. You are also responsible for all accounting and support for your end customers.
Disclosure to Law Enforcement
Occasionally, MODX is required by law to submit customer information to law enforcement officials when presented with a valid subpoena or order from a court or governmental entity. Information requested is disclosed as directed pursuant to the subpoena or order. MODX utilizes great care in keeping customer information safe and private and will only release information described in the subpoena order. MODX will notify customer of the information request to the extent permitted by the subpoena or order.
Reporting Violation of the Acceptable Use Policy
MODX accepts reports of alleged violations of this AUP via email sent to email@example.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and a description of the alleged violation. Unless otherwise required by law, such as the DMCA, MODX owes no duty to Third Parties reporting alleged violations. MODX will review all verified Third Party reports and will take such actions as it deems appropriate in its sole discretion.
MODX will comply with and respond to valid (as MODX determines in its sole discretion) subpoenas, warrants, and/or court orders. If permitted by applicable law or regulation, MODX will forward such subpoenas, warrants, and/or orders to Customer and Customer may respond; however, MODX reserves the right to respond to any such subpoena, warrant and/or order if it is the named party in such subpoena, warrant, and/or order. of Resolution for Violations of MODX’s Acceptable U Policy
Methods of Resolution Process for Violations of MODX’s Acceptable Use Policy
The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our support staff is dedicated to working with the Customer in resolving potential violations, and they are available via phone, ticket, or email. The Methods of Resolution below is provided for informational purposes only and forms the framework and guidance with respect to resolving potential violations, but in the event of any conflicts between the Acceptable Use Policy (in particular its enforcement) and Terms of Services, the Terms of Services shall control. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors.
Step 1: First alleged violation of AUP
A ticket will be generated under MODX to provide the Customer’s master user with information regarding the potential violation of MODX’s AUP. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP
A ticket is generated under the Customer’s master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time
MODX engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.
Step 4: Failure to address violation and resolve violation
If Customer fails to address the violation AND fails to resolve the violation, a suspension of services shall occur. This is a last resort for MODX and only results when the Customer completely fails to participate in MODX’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer’s data
Disclaimer: MODX retains the right, at its sole discretion, to refuse new service to any individual, group, or business. MODX also retains the right to discontinue service to customers with excessive and/or multiple repeated violations. No credit will be available under MODX’s Service Level Agreement for interruptions of service resulting from AUP violations.