Acceptable Use Policy

Version 1.0

November 2019

This Acceptable Use Policy (this “Policy”) defines acceptable practices relating to the use of AMPD Infrastructure and Services (each, a “Service” and, collectively, “Services”) provided by AMPD Holdings Corp. (“AMPD”), for use by customers (“Customers”) of AMPD and by users that have gained access to a Service through a Customer’s account (“Users”).

By using a Service, you acknowledge that you and your Users are responsible for compliance with this Policy. You are responsible for violations of this Policy by any User that accesses a Service through your account. As used herein, “you” refers to Customers, and any reference to “Users” is intended to encompass, as applicable, both Customers and their Users. As used herein, Services shall include, without limitation, all equipment, systems, software, services, and products incorporated or used in hosted computer and storage services.

This Policy is designed to assist in protecting the Services, the AMPD network, AMPD customers and the Internet community from improper and/or illegal activity. In situations where data communications are carried across networks of other Internet Service Providers (“ISPs”), Users of the AMPD network must also conform to the applicable acceptable use policies of such other ISPs.

CUSTOMER CONSENT TO POLICY

Use of Services

  1. Customer agrees to use AMPD’s Services for lawful purposes, in compliance with all applicable laws.
  2. AMPD reserves the right to investigate suspected violations of this Policy. When AMPD becomes aware of possible violations, AMPD may initiate an investigation, which may include gathering information from the Customer or Customers involved and the complaining party, if any, and examination of material on AMPD’s servers or other equipment.
  3. AMPD may suspend the account or accounts involved and /or remove the material involved from its servers or other equipment during an investigation, and AMPD is not responsible in any way for any damages resulting therefrom. If AMPD believes a violation of these rules has taken place, AMPD, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these rules could also subject Customer to criminal or civil liability.

Use of Materials

  1. Materials in the public domain (e.g., images, text, and programs) may be downloaded, uploaded and redistributed using AMPD’s Services. Customer assumes all responsibility for determination of whether any material is in the public domain.
  2. Customer is prohibited from downloading, uploading, storing, distributing or transmitting any unlawful material through AMPD’s Services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Customer may not post, upload or otherwise distribute copyrighted material on AMPD’s servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Customer to criminal as well as civil liability, in addition to the actions outlined in the Use of Services section above.
  3. Customer may not store or distribute certain other types of material on AMPD’s servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites.

System Security

  1. Customer is prohibited from utilizing AMPD Services to compromise the security of, or tamper with, AMPD’s system resources or accounts on any of AMPD’s computers, routers, terminal servers, modems, or any other equipment at AMPD or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Any attempt to access any of AMPD’s corporate assets is strictly prohibited.
  2. AMPD reserves the right to release the usernames of Customers involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. AMPD will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Passwords

  1. Any AMPD account or service passwords are for use by Customers only. Customers may not share passwords or accounts with other individuals.
  2. In the event that the security of a Customer is compromised, AMPD may require the Customer to use a new password.
  3. AMPD may audit the security of Customer passwords at any time. Customers with insecure passwords may be asked to change the password to a more secure password. Continued failure to maintain password security may be grounds for account termination.

System Resources

  1. AMPD may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in the “Use of Services” section above.
  2. System abuse is defined as any use of AMPD resources which disrupts the normal use of systems or connectivity for others. Examples of system abuse include, but are not limited to, saturating the AMPD firewall and other perimeter network, or otherwise affecting the performance of AMPD’s servers or networks.

ACCEPTABLE ACTIVITIES

AMPD Services must be used in a manner that is consistent with the intended purpose of the AMPD Services and may be used only for lawful purposes.

PROHIBITED ACTIVITIES

Activities specifically prohibited by AMPD include, but are not limited to, the following:

  1. With the exception of industry standard vulnerability testing as required for compliance, Clients are prohibited from violating or attempting to violate the security of AMPD Services, or any third-party’s computers, accounts, or networks through their use of the AMPD Services. Clients are also prohibited from conducting any activity considered a precursor to attempted security violations, including but not limited to, any form of scanning, probing, or other testing or information gathering activity, without express authorization of the owner of the system or network.
  2. Flooding of other users including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.
  3. Customers shall not conduct pyramid or other Money-Making Schemes, including the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables.
  4. Customers shall not use the AMPD Services to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk email (“spam”). Further, Customers are prohibited from using the service of another provider to send spam to promote a website hosted on or connected to the AMPD Services. In addition, Customers shall not use the AMPD Services in order to send e-mail messages which are excessive and/or intended to harass or annoy others. All volume emails or mass mailings shall contain an opt-in/opt-out provision.
  5. Customers shall not use, store, or distribute pirated software or other pirated intellectual property using the Services.
  6. Customers must not intentionally, knowingly or recklessly distribute any malicious code using the Services.
  7. Customers must not engage in the activity of deceitfully collecting, transmitting or using information, or distributing software which covertly gathers or transmits information about a user.
  8. Customers must not distribute advertisement delivery software unless the user affirmatively consents to download and installation based on clear and conspicuous notice of the nature of the software and can easily remove software using standard tools included on major operating systems.
  9. Customers must not engage in any conduct likely to result in retaliation or adverse action against AMPD or its services, network, website or Representatives (including resulting in listing of AMPD IP space on an abuse database);
  10. Customers must not engage in any activity intended to withhold or cloak identity or contact information, register to use Services under a false name.
  11. Customers must not publish, transmit or store content or links to content that AMPD reasonably believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s privacy, is malicious or morally repugnant.
  12. Customers must not use of the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage (including in connection with aircraft or other modes of human mass transportation, or nuclear or chemical facilities).
  13. Customers must not host any gambling activity that violates any applicable codes of practice, required licenses or technical standards;
  14. Customers must not engage in any conduct creating a risk to safety or health, national security or law enforcement.

CHANGES TO THE POLICY

AMPD may amend this Policy by publishing a revised version at www.ampd.tech/legal/aup at any time without notice.

AUP BREACH

If a Customer breaches the AUP either intentionally or unintentionally due to Customer’s failure to use reasonable security precautions, or as a result of activity occurring without Customer authorization, AMPD may block any content or traffic, suspend the Services, or terminate the Services in accordance with the Agreement. Customer’s use of the Services to assist another person in an activity that would breach this AUP if performed by Customer is an AUP breach.

AMPD will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.