IMPORTANT: READ EACH OF THESE POLICIES — CLIENT USAGE POLICY, DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY AND ACCOUNT TERMINATION POLICY (THE “POLICIES”) — CAREFULLY BEFORE USING, VIEWING OR ACCESSING THE SERVICES OR PRODUCTS OR BOTH OF ORASES CONSULTING CORPORATION. OPENING, ACCESSING, COPYING OR OTHERWISE VIEWING OR USING THE ORASES SERVICES OR PRODUCTS OR BOTH INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THE POLICIES AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF EACH OF THE POLICIES. IF YOU DO NOT AGREE TO THE TERMS OF EACH OF THE POLICIES BELOW, DO NOT USE ANY OF ORASES PRODUCTS OR SERVICES.
Policy Definitions: If the Policies are being read and agreed to as part of the Orases Internet Services and Products Agreement (the “Agreement”), where there exists a conflict in the definition of a defined term, the term, as defined in the Agreement, shall be rule:
- ORASES: Orases Consulting Corporation, a Maryland Corporation.
- Client: Any individual(s) or business organization(s) which uses, views, or copies Orases’ Internet products, Services or commercial website.
- Services: Any product or service provided by Orases to Client.
- Client’s Web Content: Content created, produced, or supplied by Client, which either resides on Client’s website, which is hosted on an Orases server or is posted by Client on Orases’ commercial website.
CLIENT USAGE POLICY
- Client shall be solely responsible for providing, updating, uploading and maintaining its website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through its website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. In addition, Client is solely responsible for the content of any transmissions by Client or any third party utilizing Client’s facilities or ORASES’ facilities related to Client’s use. Client agrees to comply with all applicable laws with regard to the transmission and use of its information and content. Additionally Client agrees to not use any component of the Services to (1) interfere with or disrupt any component of the Services; (2) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of the security exchange; or (3) incite or provide instructional information about illegal activities.
- Client represents, warrants, covenants and agrees that:
- Web Content of Client does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violates any applicable law or regulation;
- Web Content of Client does not infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person;
- Client owns Client’s Web Content and all proprietary or intellectual property rights therein, or has express written authorization from the owner to copy, use and display Client’s Web Content on and within its website;
- Client is not a minor, that Client has proper legal capacity to contract, that Client has the intent to form a contract with ORASES pursuant to the terms herein, and that Client agrees to be bound by all the terms of this Policy.
- Furthermore, Client shall not circumvent, disable or otherwise interfere with security-related features of the Services.
- Client may not use ORASES’s servers or its website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and ORASES reserves the right to remove sites containing information about hacking or links to such information. Use of its website as an anonymous gateway is prohibited. ORASES prohibits the use of software or scripts run on its servers that cause the server(s) to load beyond a reasonable level, as determined by ORASES.
- Client agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to:
- (a) upload or otherwise transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm or exploit minors in any way; (c) impersonate any person or entity, including, but not limited to, any ORASES representative, or misrepresent Client’s affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (e) upload or otherwise transmit any content that Client does not have a right to transmit under any law or under contractual relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Services; (j) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities; or (l) conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be designated for such purpose.
- Client agrees not to copy, sell, resell, rent or sublicense, lease, loan, give, redistribute, or create a derivative work of any portion of the Services, use of the Services, or access to the Services.
- The failure of ORASES to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.
- ORASES’s Rights.ORASES explicitly reserves the right and sole discretion to the following:
- Modify its pricing, if desired by ORASES;
- Establish limits and guidelines concerning ORASES’ provision of the Services;
- ORASES has no obligation to monitor Client’s use of the Services, but reserves the right in its sole discretion to do so.
- The parties agree that ORASES has the right, but not the obligation, to remove from its server or block access over the Internet to any communications and materials that ORASES believes, in its sole discretion, violate any of the policies of ORASES, or any laws of any jurisdiction served by ORASES.
- Intellectual Property Infringement. Client shall be liable for and shall indemnify, defend and hold harmless ORASES from and against any claims in any way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or any other intellectual property rights in relation to the Client’s use of the Services.
Digital Millennium Copyright Act Compliance Policy
- If any visitor to a website hosted on an ORASES server(s) (collectively, the “User”) is a copyright owner(s) and believes that content hosted on an ORASES server(s) infringes upon the User’s copyrights, the User or an agent thereof may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the User, such as an address, telephone number, and, if available, an electronic mail;
- A statement that the User 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notice. If the original content provider believes that its content that was removed (or to which access was disabled) is not infringing, or that it has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the original content, the original content provider may send a counter-notice containing the following information to the Copyright Agent:
- The original content provider’s physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that original content provider has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Original content provider’s name, address, telephone number, and e-mail address, a statement that the original content provider consents to the jurisdiction of the federal court in Maryland, and a statement that the original content provider will accept service of process from the person who provided notification of the alleged infringement.
Account Termination Policy
- Client acknowledges and agrees that ORASES may suspend or terminate Client’s account and/or deny Client access to, use of, or submission of content for, all or part of the Services, without prior notice, if Client engages in any conduct that ORASES believes, in its sole discretion: (a) violates any term or provision of this Policy, (b) violates the rights of ORASES or third parties, (c) or is otherwise inappropriate for continued access and use of the Services. Client agrees that upon termination of the Services, either by Client or ORASES, ORASES may delete all content and information related to Client’s account and may bar Client’s access to Client’s account and the Services including, but not limited to, access to any of Client’s content entered into or used in connection with the Services. Further, Client agrees that ORASES shall not be liable to Client or any third-party for any termination of Client’s access to the Services. Client agree to defend, indemnify and hold ORASES harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees and expenses) arising from: (i) any inaccuracy or falsity related to the content or personal information submitted to ORASES by the Client or, (ii) Client’s violation of this Policy, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive the termination of the Services.
- ORASES reserves the right to decide whether content violates these terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. ORASES may at any time, without prior notice and in its sole discretion, remove such content and/or terminate the Client’s account or prohibit the Client from continued use of the Services for submitting such material in violation of the terms of this Policy.
- Failure by the Client to comply with the terms of this Policy may result in immediate termination of ORASES’ Internet Services.
- ORASES may immediately terminate this Policy if Client is using the Services to unnecessarily or defame, embarrass, harm, abuse, threaten, slander or harass ORASES or any third party; for non-payment of fees for the Services; for engaging in activities prohibited by the laws of the United States and/or foreign territories in which Client conducts business; for activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of ORASES; for engaging in activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that ORASES determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- ORASES may immediately terminate this Policy if Client’s use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against ORASES or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit;
- If any violation of the Client Usage Policy occurs, ORASES may immediately terminate this Policy.
- In the event that this Policy is terminated, ORASES will not transfer Client’s website content. Moving its website off of the ORASES shared hosting servers is Client’s responsibility.
- The failure of ORASES to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.
Your services may be suspended or terminated for violation of this AUP in accordance with the Orases Cloud Terms of Service.
Capitalized terms used in this AUP shall have the meaning given in the Terms of Service.
Inquiries regarding this policy should be directed to hostmaster@orases.com.
Abuse
You may not use the Orases Cloud’s network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
- Use of the service for 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); or
- Any conduct that is likely to result in retaliation against the Orases Cloud network or website, or the Orases Cloud’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Excessive Use of System Resources
You may not use any shared system provided by Orases in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Orases Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system 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.
Bulk or Commercial E-Mail
You must obtain the Orases Cloud’s advance approval for any bulk or commercial e-mail, which will not be given unless you are able to demonstrate, at a minimum, that:
- your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- 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 the Orases Cloud’s requests to produce consent evidence within 72 hours of receipt of the request;
- You have procedures in place that allow a recipient 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 you notify recipients that the revocation of their consent will be implemented in 48 hours;
- You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You must have a Privacy Policy posted for each domain associated with the mailing;
- You have the means to track anonymous complaints;
- You must not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail;
- You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
These policies apply to messages sent using the Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.
The Orases Cloud may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time. In addition, the Orases Cloud may block the transmission of email that violates these provisions.
Authenticated SMTP Policy
In addition to the requirements above, you may not send email messages of similar content through the Orases Cloud’s SMTP servers 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.
The Orases Cloud may block mail that violates this AUP. In addition, your mail services may be suspended or terminated for violation of this AUP in accordance with the Terms of Service.
Mail Relays
Generally, we do not allow bulk or commercial e-mail to be sent to more than five-thousand (5,000) users per day at a rate of 250 messages every 20 minutes. If you would like to send more than 5,000 messages per day, please contact a member of our support team for additional information.
Vulnerability Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of an Orases Cloud system or network or to breach the Orases Cloud’s security or authentication measures, whether by passive or intrusive techniques, without the Orases Cloud’s express written consent.
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, 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 Orases Cloud services.
Offensive Content
You may not publish, transmit or store on or via the Orases Cloud’s network and equipment any content or links to any content that the Orases Cloud reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to 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;
- infringes on another person’s copyright, trade or service mark, patent or other property right;
- 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 the Orases Cloud; or
- is otherwise malicious, fraudulent or may result in retaliation against the Orases Cloud by offended viewers.
Copyrighted Material
You may not use the Orases Cloud’s network or Services 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:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established copyright law to copy the work in that manner.
It is the Orases Cloud’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
Other
- You must have valid and current information on file with your domain name registrar for any domain hosted on the Orases Cloud network.
- You may only use IP addresses assigned to you by the Orases Cloud in connection with you’re the Orases Cloud services.
- You agree that if the Orases Cloud IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and the Orases Cloud may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions;
- You agree that we may quarantine or delete any data stored on a shared system 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.
- You agree that if you register a DNS record or zone on Orases managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Orases may modify, transfer, or delete such records or zones.
SLA
No credit will be available under the Orases Cloud Service Level Agreement for interruptions of service resulting from AUP violations.
Revised on June 2, 2016.
