Ace Proxies Acceptable Use Policy
This Acceptable Use Policy (“AUP”) sets forth conditions of use of the services of Ace Proxies, (“Provider”), whose related website is found at https://www.aceproxies.com. Due to the myriad possibilities in the use of proxy servers, this AUP is intended only to act as a guideline to the service of Provider (“Service” or “Services”) and is not, and cannot be, all encompassing. The following Acceptable Use Policy document including the following list of Prohibited Activities, is an integral part of your Service Agreement with Ace Proxies. If you engage in any of the activities prohibited by this AUP document Ace Proxies may suspend or terminate your account. Ace Proxies's Acceptable Use Policy (the "Policy") for Ace Proxies Services is designed to help protect Ace Proxies, Ace Proxies's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Ace Proxies. Ace Proxies reserves the right to modify the Policy at any time, effective upon posting at https://www.aceproxies.com/policies/acceptable-use-policy.
Prohibited Uses of Ace Proxies Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). Spamming activities, including, without limitation, the sending, re-sending, transmitting, or the like, of bulk materials by means of Ace Proxies's Services, whether directly or indirectly. Such sending, re-sending, transmitting or the like is prohibited by any means of Ace Proxies's Services, including, without limitation, through email, blog comment, social network message, and forum spam. The sending of any form of Unsolicited Bulk Email through Ace Proxies's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Ace Proxies's servers, is prohibited. Ace Proxies accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Ace Proxies customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Ace Proxies-hosted domain or service, or referencing any Ace Proxies account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Ace Proxies customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Ace Proxies network or on another provider's network.
10. Using Ace Proxies's Services to interfere with the use of the Ace Proxies network by other customers or authorized users.
11. Illegal Activities including, but not limited to: death threats, terroristic threats, threats of harm to any individual or organization, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, identity theft, defamation, slander, and other illegal activities.
12. View, promote, or engage in any activity relating to child pornography, and violation of laws relating thereto, which includes without limitation, Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, the Child Online Protection Act, Communications Decency Act of 1996, and Children’s Internet Protection Act, all as amended.
13. Distribution of Malware activities, without limitation, the distribution, fabrication, or use of malware including, virus software, root kits, password crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious activity.
14. Gaining or attempting to gain unauthorized access to any network or system, including, without limitation, computer, telephone, telefax, and any other system of data storage.
15. Any activity associated with phishing or systems designed to collect personal information, including, without limitation, names, account numbers, usernames, passwords, and other identifying information.
16. Conducting or making remarks which are derogatory, demeaning, malicious, hateful, defamatory, or abusive.
17. Impersonating any other person or take on any other person’s identity, whether living or deceased, or impersonate an entity or take on the identity of any entity, whether legal or informal.
18. Violations Alleged by Third Parties and Determination of such Violations of this AUP or Other Violations. Ace Proxies accepts reports from third parties of alleged violations of this AUP or concerning other violations. Ace Proxies will review all third party reports and may take appropriate actions, at is sole discretion, relative to Customer.
19. Violation of civil or criminal law, foreign or domestic, whether national, state or local.
The term “Customer” or “Customer’s” used in this AUP means the person or legal identity specified under the heading “User” in the Terms of Service (“TOS”). Without limiting the non-assignment provision under the heading “Assignment” in the TOS, that would include Customer’s purported assignees, licensees, or otherwise, and those who gain unauthorized access to use Ace Proxies’s Services via Customer.
Upon discovery by Ace Proxies of an alleged violation of this AUP, Customer will be notified and given a designated time in which to respond to the alleged violation. If Customer fails to respond within the time provided, Ace Proxies may, at its sole discretion, immediately terminate Ace Proxies’s services to Customer, without notice, and as stated in Ace Proxies’s TOS found at http://www.aceproxies.com/policies/terms-and-conditions/, without refund or credit. Upon receipt of Customer’s response, if Ace Proxies finds a violation of this AUP, Ace Proxies, at its sole discretion, may immediately terminate Ace Proxies’s services to Customer, without notice, and as stated in Ace Proxies’s TOS, without refund or credit.
Customer understands and agrees that Ace Proxies cannot guarantee, assure, or promise that information or data of Customer held by Ace Proxies, transmitted during use via Ace Proxies’s servers (including, without limitation, any and all transmissions to and from Customer via Ace Proxies’s servers) or via Customer’s use of Services, will not be compromised by unauthorized access. Without limiting any right of Ace Proxies under the heading “Indemnity” found in the TOS, Customer holds Ace Proxies harmless in the event of any breach of security to Customer’s data or information as described in this paragraph.
At its sole discretion, Ace Proxies may monitor Customer’s use of Ace Proxies’s Services. Such monitoring includes, without limitation, the following: the result of notice by third parties of a possible violation of this AUP; to protect or enforce Ace Proxies’s rights under the TOS, this AUP, or the Website Information. “Website Information” means information posted by Ace Proxies on its website at https://www.aceproxies.com.
Ace Proxies may be required by law to provide Customer’s information pursuant to subpoena issued by a court, governmental entity or otherwise. Information shall be disclosed as directed pursuant to subpoena. Ace Proxies shall release information described in the subpoena. If permitted by law, Ace Proxies will endeavor, but is not obligated, to notify Customer that it has received a subpoena for records pertaining to Customer.
Ace Proxies collects and maintains an informational log, including, without limitation, information relating to Customer’s uses of and websites visited by Customer via Ace Proxies Services, and payment by Customer and related information. Such logs are maintained for approximately 60 days, and longer if necessary, at the sole discretion of Ace Proxies.
Ace Proxies retains the right, at its sole discretion, to decline acceptance of a potential customer, or refuse to supply additional Services to or renew Services with any Customer.
Customer Responsibility for Customer's Users
Each Ace Proxies customer is responsible for the activities of its users and, by accepting service from Ace Proxies, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Ace Proxies customer will be forwarded to the Ace Proxies customer's postmaster for action. If violations of the Ace Proxies Acceptable Use Policy occur, Ace Proxies reserves the right to terminate services with or take action to stop the offending customer from violating Ace Proxies's AUP as Ace Proxies deems appropriate, without notice.