Acceptable Use Policy

Version 2.5 - December 2023

Access to the services provided is governed by this Acceptable Use Policy, as defined in the relevant agreement between the customer and Aptible.

Customers are responsible for ensuring that neither they nor any third party use the services in a manner that:

• Infringes upon the legal rights of others;

• Encourages or engages in illegal activities, including but not limited to acts of terrorism, violence, child exploitation, or abuse;

• Serves an illegal, intrusive, infringing, defamatory, or fraudulent purpose, such as violating intellectual property rights, phishing, or participating in pyramid schemes;

• Spreads harmful software like viruses, worms, Trojan horses, or deceptive files;

• Unlawfully accesses, disrupts, or damages the Services or associated equipment;

• Disables, obstructs, or bypasses any part of the Services, Software, or related equipment;

• Produces, sends, or facilitates unwanted mass emails, advertisements, or other forms of solicitation (“spam”), including but not limited to:

  • Sending communications or emails in violation of the CAN-SPAM Act or any other applicable anti-spam law or regulation;

  • Imitating or impersonating Aptible, another person or his, her, or its email address, or creating false accounts for the purpose of sending spam;

  • Mining data or harvesting any web property (including any External-Facing Service) to find email addresses or other user account information;

  • Sending unauthorized mail via open, third-party servers;

  • Sending emails to users who have requested to be removed from a mailing list;

  • Selling to, exchanging with, sharing with, or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or

  • Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom Customer has no preexisting relationship;

• Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law, including anti-spam, telemarketing, or telephone consumer protection laws or regulations;

• “Mine” bitcoins and other cryptocurrencies;

• Utilizes the Services or their interfaces to inappropriately access other Aptible products or services in a way that breaches their terms of service.

  
  

U.S. Digital Millennium Copyright Act or Similar Statutory Obligations

• To the extent a customer uses the services for hosting, advertising, sending electronic messages, or for the creation and hosting of, or for posting material on, websites, each customer must:

  • Comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statutes in other countries (the “DMCA”);

  • Set up a process to expeditiously respond to notices of alleged   infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy;

  • Publicly display a description of its notice and takedown process under the DMCA on its instance of the services; and

  • Comply with such processes, policy(ies), and descriptions.

• It is Aptible’s policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, Aptible will terminate the accounts of customers whom Aptible suspects to be repeatedly or blatantly infringing copyrights.

  
  

If Aptible receives a notice alleging that material on a Customer’s instance of a service infringes another party’s intellectual property, Aptible may disable that customer’s instance of the service or remove the allegedly infringing material. If Aptible receives more than one such notice for the same customer, Aptible reserves the right to immediately terminate such customer’s subscriptions to the services as deemed necessary by Aptible to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties rights.

Usage and Quota

The following statement specifically applies to Aptible Managed Environments only and does not extend to Aptible Self-Hosted Environments.

 You agree not to exceed the following limits for Aptible:

• 1 TB bandwidth/month for Shared Stack Accounts

• 3 TB bandwidth/month for Dedicated Stack Accounts

  
  

These are soft limits: If you inadvertently exceed these limits, we will attempt to contact you. 

You agree not to take any action (directly or indirectly) that imposes or may impose (as determined by Aptible in our sole discretion) an unreasonable or disproportionately large load on Aptible’s or its third-party providers' infrastructure.

If you exceed these limits willfully, repeatedly, or by significant amounts, we may terminate your account.

Enforcement

Aptible reserves the full and final discretion as to whether certain uses violate this acceptable use policy. You agree that our determination is final and will report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

Reporting of Violations of this Policy

If you become aware of any violation of this policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

To report any violation of this policy, please email us at legal@aptible.com.

Contact Information

If you have questions regarding your obligations under this Policy or questions about any Aptible Mark, please email us at legal@aptible.com.