JCD reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide JCD with an explanation via ticketing system within 10 days of the abuse ticket being opened.
You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of JCD Enterprise' Terms of Service (the "Terms of Service") and this Acceptable Use Policy (this "AUP").
The following terms constitute an agreement between you and JCD Enterprise, Inc. ("JCD Enterprise"). This AUP governs your use of the services provided by JCD Enterprise (the "Services"). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.
The Primary Purpose of JCD Enterprise is to provide our clients with the resources necessary to put their deliver email online reliably in a fast, high availability environment that responds quickly to each client's individual needs.
The client is ultimately responsible for individual application security. JCD disclaims all liability for customer server content.
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by JCD, and an appropriate course of action shall be taken as determined by JCD Enterprise in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the application. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Clients are required and obligated to maintain all security on their application. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
If any client or any third-party user that is a customer of our client uses JCD Enterprise services, network, or its physical infrastructure in a manner that causes JCD Enterprise, or any IP addresses issued by JCD to be "blacklisted" or "blocked", JCD Enterprise reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating JCD Enterprise service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs addresses issued by JCD Enterprise are the sole property of JCD. Clients retain no ownership rights to any IP addresses issued by JCD Enterprise. Clients may not transfer IPs from JCD Enterprise.
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by JCD Enterprise, including without limitation the customers, clients and other users of our clients.
JCD reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. JCD Enterprise also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines. The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact JCD Enterprise ([email protected]) Messages that you send through the JCD hosting environment may generate spam or other complaints from recipients. You are responsible for ensuring that your messages, surveys, events or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of JCD Enterprise products if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Policy). Your use of JCD Enterprise Services must follow all applicable guidelines established by JCD Enterprise. The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through JCD Enterprise Services:
If you know of or suspect any violations of this Policy, please notify JCD Enterprise at [email protected]. JCD Enterprise will determine compliance with this Policy in its sole discretion.
Effective Date: January 19 2017 Last Reviewed: January 19 2017 Next Review: August 1 2017