Acceptable Use Policy

Effective Jan 1, 2018

This Acceptable Use Policy (“AUP”) specifies the actions prohibited by Adar, Inc., d.b.a Rhodian Group (Rhodian) to users of our Network (you, Customer). Rhodian reserves the right to modify the AUP at any time, effective upon posting of the modified policy, and encourages users to review the AUP regularly.

This AUP is incorporated by reference into your Customer Service Order with Rhodian and your services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement.

By using the Services provided by Rhodian and accepting the Service Order and Master Services Agreement, you agree to abide by the AUP, as modified from time to time. Capitalized terms used in this AUP will have the meaning given in the Master Services Agreement.

Questions and inquiries regarding this AUP should be directed to info@rhodiangroup.com.

1
Abuse

The Rhodian Network may be used only for lawful, proper, and appropriate purposes. Customers cannot use Rhodian’s Network or Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation:

  • Transmission, distribution, copying, or storage of any material in violation of any applicable law or regulation, including without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization.
  • 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.
  • Monitoring data or traffic on any Network or system without the express authorization of the owner of the system or Network.
  • Interference with service to any user of the Rhodian or other Network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks.
  • 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 “add/remove” tool); or
  • Any conduct that is likely to result in retaliation against the Rhodian Network or website, or Rhodian’s employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial-of-service attack.
2
Bulk or Commercial Email

Sending bulk or unsolicited commercial email messages is explicitly prohibited on the Rhodian Network. For all other commercial email messages, all customers must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to commercial email.

You must also comply with the following email policies for all commercial emails:

  • All intended recipients must have given their consent to receive email from you via some affirmative means, such as an opt-in procedure.
  • All procedures for seeking consent must include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given.
  • Retain evidence of each recipient’s consent in a form that can be easily produced on request, and you must honor the recipient’s and Rhodian’s requests to produce consent evidence within 72 hours of receipt of the request.
  • Procedures must be in place to 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.
  • Honor revocations of consent within 48 hours and notify recipients that the revocation of their consent will be implemented in 48 hours.
  • You must: (i) post an email address for complaints (such as abuse@customerdomain.com) in a conspicuous place on any website associated with the email, (ii) register that address at abuse.net, and (iii) promptly respond to messages sent to that address.
  • Be sure to have a Privacy Policy posted for each domain associated with the mailing.
  • Have the means to track anonymous complaints.
  • Do not obscure the source of your email in any manner (the header information must be accurate and clearly identify who you are) and include your postal address in the body of the email.
  • Include the recipient’s email address in the body of the email message or the “TO” line of the email.
  • You must accurately reflect the content of the message in the subject line and identify that it is an ad, if applicable.
  • Do 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 your Rhodian service, or to messages sent from any network or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Rhodian service.

In addition, you may not use a third-party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by your organization.

Rhodian may test and otherwise monitor your compliance with its requirements and may block the transmission of email that violates these provisions, if necessary.

3
Vulnerability Testing

Do not attempt to probe, scan, penetrate, or test the vulnerability of a Rhodian system or Network or to breach Rhodian’s security or authentication measures, whether by passive or intrusive techniques, without Rhodian’s express written consent.

4
Newsgroups, Chat Forums, and Other Networks

Follow the rules and conventions for postings to any bulletin board, chat group, or other forum in which you would like to 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 also comply with the rules of any other Network you access or participate in using your Rhodian services.

5
Offensive Content

Do not publish or transmit via Rhodian’s Network and equipment any content or links to any content that Rhodian reasonably believes:

  • Constitutes, fosters, or promotes child pornography or bestiality.
  • 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 obscene, defamatory, or violates a person’s privacy.
  • Creates or threatens 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 illegal or solicits conduct that is illegal under laws applicable to Customer or Rhodian.
  • Is otherwise malicious, fraudulent, or may result in retaliation against Rhodian by offended viewers.

Content “published or transmitted” via Rhodian’s Network or equipment includes web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

6
Copyrighted Material

Do not use Rhodian’s Network or equipment to download, publish, distribute, or otherwise copy (including digitization of photographs from magazines, books, or other copyrighted sources) 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.
  • You are otherwise permitted by established United States copyright law to copy the work in that manner. Rhodian may terminate the service of copyright infringers.
7
Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Rhodian Network.

  • Only use IP addresses assigned to you by Rhodian in connection with your Rhodian services.
  • You agree that if the Rhodian IP numbers assigned to your account are listed on Spamhaus, Spews, NJABL, or other abuse databases, you will be in violation of this AUP, and Rhodian 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.
  • Nothing in this AUP will limit or be deemed a waiver of any rights or protections of Rhodian pursuant to any written agreement between Rhodian and you. This AUP will be read in connection with any such written agreement and not in conflict with any such agreement.
  • If Rhodian is legally required, we will permit law enforcement or a related authority to inspect your use.
8
Consequences of Violation of AUP

Rhodian may charge you its hourly rate for AUP breach recovery (currently $250.00), plus the cost of equipment and material needed to: (i) investigate or otherwise respond to any suspected violation of this AUP, (ii) remedy any harm caused to Rhodian or any of its customers by the violation of this AUP, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Master Services Agreement, and (v) have Rhodian’s Internet Protocol numbers removed from any abuse database.

9
Rhodian Assumes No Liability

Rhodian has no practical ability to restrict all conduct, communications, or content that might violate this AUP prior to its transmission on the Rhodian Network, nor can we ensure prompt removal of any such communications or content after transmission or posting.  Accordingly, Rhodian does not assume liability to any customer or others for any failure to enforce the terms of this AUP.

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Our experience with hundreds of businesses across diverse industries provides us with the expertise to understand your unique challenges.