PassKit, Inc. ("PassKit") provides a variety of hosted services ("Services"). PassKit has formulated this Acceptable Use Policy ("AUP") in order to ensure the appropriate use of the Services and the network, systems, and facilities of PassKit and its providers (collectively, the "Infrastructure") by our customers, our customers’ customers, members or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, "Users"). All Users must comply with this AUP. PassKit reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the PassKit website. By using or accessing PassKit Services or Infrastructure, Users agree to be bound by the terms of this AUP.
Users shall not use PassKit Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP or the terms of any applicable agreement with PassKit; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other PassKit customers. Users shall cooperate with PassKit in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure.
- Spamming — Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site’s mail server to relay mail without the express permission of the site. In addition, maintaining an open SMTP relay is prohibited.
- Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others.
- Obscene Materials — Using PassKit’s or its provider’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene material. PassKit is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the Infrastructure.
- Defamatory or Abusive Language — Using the Infrastructure as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Illegal or unauthorized access to other computers or networks — Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). In addition, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Denial Of Service Attacks — PassKit and its providers reserve the right to null-route any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to neighboring customers.
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. In addition, activities that disrupt the use of or interfere with the ability of other PassKit customers to effectively use the network or any connected network, system, service, or equipment.
- Internet Relay Chat (IRC) Service — PassKit does not support the hosting of IRC servers or bots.
- Export Control Violations — Exporting encryption software over the Internet or otherwise in violation of US Law.
- Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Usenet Groups — PassKit and its providers reserve the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
- Other Illegal Activities — Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. The responsibility for avoiding illegal or harmful activities harmful activities rests with the customer and its users.
- PassKit does not monitor the communications of its customers to ensure that they comply with the Acceptable Use Policy or applicable law. PassKit may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. PassKit reserves the right to monitor electronic messages sent or received by its customers if required by law, governmental authority, subpoena, summons, discovery request, warrant, statute, regulation or when public safety is at stake. PassKit will inform the customer that customer information has been provided except in those cases where they may be prohibited by law from giving such notice. PassKit, upon notice to the customer, may disclose customer information or information transmitted over its network where necessary to protect PassKit and others from harm, or where such disclosure is necessary to the proper operation of the system.
- PassKit expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate the Acceptable Use Policy.
Rights & Remedies
PassKit has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that PassKit becomes aware that any such material may violate this AUP and/or expose PassKit to civil or criminal liability, PassKit reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. PassKit further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that PassKit believes is responsible for such violation. PassKit also reserves the right to implement technical mechanisms to prevent AUP violations.
Any complaints about a customer’s violation of this AUP should be sent to email@example.com.