Acceptable Use Policy
The Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Trinsic’s website, this “AUP”) of Trinsic Technologies, Inc. (“Trinsic”), is designed to (i) protect Trinsic’s customers, users of Trinsic’s website, Products and Service, Trinsic computer network and physical infrastructure (“Network”) and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of Trinsic’s website, Trinsic Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by Trinsic, its website, Trinsic Network and its physical infrastructure (“Trinsic Services”). This AUP is also intended to establish a clear understanding of what Trinsic expects of its clients using its services. This AUP is incorporated by this reference into each Customer’s Server Service Agreement.
This AUP is applicable to each user that subscribes to Trinsic’s Services (“Customers”), all users of Trinsic’s Services and all users that access or utilize Trinsic’s website, Trinsic Network or its physical infrastructure, whether or not such users are customers of Trinsic, including the customers of our Customers (“Third Party Users”), and every server or network device that is under each User’s control and attached to Trinsic Network or physical infrastructure as a part of Trinsic’s Services (a “Server”). The term “User” as used in this AUP means both Customers and Third Party Users.
Any access or usage of Trinsic’s Services or Network constitutes acceptance and agreement to this AUP. Each client of Trinsic agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the Trinsic Services or the Trinsic Network through such client, whether authorized by such client or not.
Trinsic reserves the right to amend or modify this AUP from time to time, and a User’s use of Trinsic Services, Trinsic’s Network and physical infrastructure after changes to the AUP are posted on Trinsic's website will constitute the User's acceptance of any such amendments or modifications.
Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Customer or Trinisc. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
Trinsic does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites owned by Trinsic. However, Trinsic may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Trinsic may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil matters.
believes in communicating with our clients and will try to work with
our clients to resolve any AUP violations before taking action which
could cause a client's service to become unavailable. However, due to
the nature or severity of some violations, this is not always
possible or preferable. We reserve the right to immediately suspend
or terminate, without warning, services to a client who is in
violation of the AUP.
This AUP does not (a) obligate Trinsic to monitor, review, or police the data and content residing on its Network or (b) create any obligation of Trinsic to any party that is not a Customer, including, but not limited to, any Third Party User. Unless and until notified, Trinisc is not likely to be aware of any violations of this AUP or any violations of law. Trinisc expects all Users to notify us of any violations of law or violations of this AUP. Trinsic expressly disclaims any liability for the data and content transmitted through or intermediately, temporarily, or permanently stored on Trinsic’s Network or any server and for the actions or omission of its Users.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Trinsic will be the sole arbiter as to what constitutes as unacceptable use.
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
Trinsic expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to:
of Service attacks or any activities designed to exhaust the
resources of a host or network.
Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network.
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system.
Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration.
Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network.
Executing any form of network activity that will intercept data not intended for the client's server.
Users are prohibited from engaging in improper use or distribution of email. Trinsic will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
Using the Service to receive replies from unsolicited emails ("drop-box" accounts).
Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
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 Trinsic Users 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 Trinsic hosted domain, or referencing any Trinsic account, is prohibited.
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.
All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC". Servers found to be connecting to or part of these networks will be immediately removed from our Network. The server will not be reconnected to the Network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
Legal adult content must be published in accordance of any applicable law or regulation. Trinsic reserves the right to suspend any account publishing offending content.
Proxy Servers and Peer-to-Peer File Sharing are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, Limewire, Kazaa, Bittorrent, and any CGI or PHP proxy scripts.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, 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.
Trinsic accounts operate on shared network resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Trinsic’s shared server accounts operate on shared resources. Excessive use or abuse of these shared resources by one customer may have a negative impact on all other customers. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of the Service or Network. Trinsic reserves the right to limit such activities. At anytime, all shared server accounts must use an acceptable level of resources and stay below 2% of the total system resources.
Trinsic requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@TrinsicTech.com
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Trinsic may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Disable access to a client's content which violates AUP
Remove content which violates AUP
Block mail or any other network service
Null-route client's IP address
Suspend the client's account
Terminate the client's account
Charge the client for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Any violation of the AUP which results in a client's server being removed or blocked from network access may be subject to reconnection fees as described in the Hosting Agreement.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Trinsic may take to enforce and ensure compliance with this AUP. Trinsic reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.
The client agrees to indemnify and hold harmless Trinsic from any claims resulting from the use of the service which damages the subscriber or any other parties.
Trinsic reserves the right to change this AUP at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this AUP periodically and to be aware of any modifications. You may identify whether Trinsic has revised this AUP by noting the "Effective Date" above. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified AUP; and (b) agreement to abide and be bound by the modified AUP. If you do not agree to these terms, please do not access or use this site or any site on the Trinsic Network.