RAPIDSCALE ACCEPTABLE USE POLICY

Last updated December 21, 2023. Replaces all prior versions.

A. General

RapidScale, Inc., Logicworks Systems Corporation, and their respective affiliates (collectively, “RapidScale”) provide a variety of information, Internet, network-, and technology-related services (“Services”). RapidScale has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the RapidScale. network, systems, portal (http://portal.rapidscale.net), and facilities (“Infrastructure”) including any access to the Services and/or Infrastructure via RapidScale’s Service Accounts, APIs, third-party integrations, and data extractions, 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. By using or accessing the RapidScale Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of this AUP by the User and the User shall be held directly accountable therefore.

RapidScale prohibits any User’s continued operation of and/or access to RapidScale Services and/or Infrastructure (1) that has been compromised by third parties or automated agents or (2) where data under RapidScale’s management is or has been compromised, which, in either case, such operation or access has the potential to affect other RapidScale systems and/or customers. Under the foregoing circumstances, RapidScale, at its sole discretion, reserves the right to shut down and/or isolate RapidScale Systems and/or Infrastructure at any time.

B. Acceptable Use

Users shall not use the RapidScale Services or Infrastructure in any way, including 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, the terms of any applicable agreement with RapidScale (“Agreement”), or any other RapidScale policy applicable through this AUP or the Agreement; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other RapidScale customers; or (d) that may expose RapidScale to criminal or civil liability. Users shall cooperate with RapidScale in investigating and correcting any apparent or suspected 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.

In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the RapidScale Services and/or Infrastructure, or assist anyone else, to do or attempt to do any of the following:

  1. Transmit, distribute or store information or material that, as reasonably determined by RapidScale, is (a) inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence, or which violates a law, regulation, or public policy; (b) harmful to or interferes with RapidScale’s provision of Services, the Infrastructure, or any third party’s networks, equipment, applications, services, or Web sites (e.g., viruses, worms, Trojan horses, etc.); (c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); (d) falsified data including, but not limited to, subscriber information, account data, contracts, billing information, PCI, PHI data, and credit card data; (e) falsified contact or identity information to access RapidScale Systems and/or Infrastructure; (f) fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”); or (g) violates generally accepted standards of Internet usage.
  2. Disrupt, degrade, impair, or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of RapidScale internet protocol space.
  3. Avoid incurring charges or otherwise being required to pay for, or resell, RapidScale Services or Infrastructure.
  4. Monitor data or traffic on any network or system except as expressly authorized by RapidScale and any owner or authorized manager of such network or system.
  5. Transmit unsolicited bulk e-mail messages (“Spam”); having third parties send out Spam on any User’s behalf; receiving replies from unsolicited e-mails (commonly referred to as “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third party e-mails for forwarding (e.g., “open mail relay”). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages via a “verified opt-in” process, which must be adhered to in its entirety for any bulk e-mail to be considered “solicited” by RapidScale. Users that send bulk e-mail must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and to immediately provide RapidScale with such records upon request of RapidScale. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Users shall not use the Services or Infrastructure in order to: (a) send e-mail messages that are excessive and/or intended to harass or annoy others; (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them; (c) send e-mail with forged TCP/IP packet header information; (d) overload a system or network with broadcast attacks or send malicious e-mail, including, without limitation, “mailbombing”; (e) create, forward, post, or distribute chain messages of any type (also known as “pyramid” or “ponzi” schemes); or (f)(i) set up “mailback” or “drop box” addresses in order to receive responses from Unsolicited Bulk Email (“UBE”), either directly by User or by a third party on behalf of User; (ii) channel such activities through a RapidScale account, remailer; or (iii) channel UBE through RapidScale Services and/or Infrastructure causing an adverse effect to such RapidScale Services and/or Infrastructure.
  6. Violate any charters, policies, rules or agreements promulgated by any search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services accessed via the RapidScale Services or Infrastructure, or the accepted norms and expectations of the Internet community at large (collectively, “Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by RapidScale in its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules.
  7. Host a web page that acts maliciously against visitors (including Users) of that such web page, including by (i) exploiting any scripts presented on a web page, or (ii) utilizing programs, scripts or commands to abuse a website, (e.g., by using bandwidth excessively).
  8. Violate the applicable acceptable use policies of other internet service providers (“ISPs”) when data, content, or other communications are carried across the networks of such ISPs.
  9. Circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document usage of RapidScale Services and/or Infrastructure.
  10. Sublicense, resell, lend, distribute or otherwise make available any RapidScale Service(s) and/or Infrastructure, or advertise any of the foregoing, except as expressly authorized in writing by RapidScale.

RapidScale receives and processes notices of copyright infringement pursuant to the Digital Millennium Copyright Act (DMCA). If your account is identified in one or more notices, you will be provided with those notices and afforded an opportunity to respond. It is RapidScale’s policy to terminate in appropriate circumstances the account of any User who is a repeat infringer. For more information regarding RapidScale’s policies and procedures addressing copyright infringement, please visit https://rapidscale.net/dmca.

C. RapidScale’s Rights and Remedies

RapidScale has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the RapidScale Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that RapidScale becomes aware that a User’s use of the RapidScale Services or Infrastructure or any material may violate this AUP and/or expose RapidScale to civil or criminal liability, RapidScale reserves the right to investigate such use or material, block access to or transmission of such material, and suspend or terminate any Services without liability or notice. Users who violate this AUP may incur criminal or civil liability, and RapidScale further reserves the right to refer violators to civil or criminal authorities and cooperate fully with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that RapidScale believes is responsible for such violation. RapidScale also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way RapidScale’s rights and remedies at law or in equity that may otherwise be available.

D. Additional Provisions for Internet Data Center

The following provisions shall apply to each RapidScale customer (“Customer”) and all individuals that have access to RapidScale’s Internet Data Centers (“IDC”). The below provisions are in addition to the rules of the individual IDC and RapidScale security or related policies. In the event of a conflict between this Section D and the rules of the individual IDC or RapidScale security or related policies, the rules of the individual IDC or RapidScale security or related policies shall control.

  1. Access to the IDCs. Only those individuals properly authorized by our Network Operations Center in accordance with RapidScale’s security policies shall be permitted to access the IDCs. Customer shall deliver prior written notice to RapidScale of any personnel for which they desire to provide IDC access (“Authorized Personnel”) in accordance with RapidScale’s security policies. Neither Customer nor its Authorized Personnel shall allow or enable any unauthorized persons to have access to or enter any IDC, such as by “tailgating” or any other means. Customer and its Authorized Personnel may only access that portion of an IDC made available by RapidScale to such Customer for the placement of such Customer’s equipment and use of the IDC-related Services (the “Customer Area”), and common areas of the IDC (e.g., entryways and bathrooms) unless otherwise approved and accompanied by an authorized RapidScale representative.
  2. Conduct at IDCs. Customer and its Authorized Personnel shall adhere to and abide by all security and safety measures established by RapidScale from time to time and set forth in any policies or customer guides provided by RapidScale to Customer or posted at the IDC. Customer and its Authorized Personnel shall not: (a) touch, inspect, interface, or interfere with, use, misuse, or abuse any RapidScale or third party’s property or equipment; (b) harass or interfere with the normal activities of any individual, including RapidScale or other customers’ employees or authorized representatives; or (c) engage in or assist another in engaging in any activity that is in violation of the law or this AUP.
  3. Prohibited Items. Customer and its Authorized Personnel shall keep each Customer Area clean, free, and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by RapidScale: (a) place any computer hardware or other equipment in the Customer Area that is not required for the use or implementation of Services or which contains any combustible or hazardous material; (b) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); or (c) bring any Prohibited Materials (as defined below) into any IDC. “Prohibited Materials” include, without limitation, the following and any other similar items: food and drink; tobacco products; explosives and weapons; hazardous materials or chemicals; alcohol, illegal drugs, and other intoxicants; magnets or electro-magnetic devices; radioactive materials; or photographic or recording equipment of any kind (other than tape or digital backup equipment used exclusively for the Customer’s own equipment).
  4. Customer Equipment and Connections. Each piece of equipment installed in a Customer Area (the “Customer Equipment”) must be clearly labeled with Customer’s name (or code name provided in writing to RapidScale) and individual component identification. All Customer Equipment shall be identified in writing by Customer and each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer’s name (or code name provided in writing to RapidScale) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including power outlet, power consumption, and clearance requirements. Customer must provide RapidScale with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment.

E. Indirect Violations. 

INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A USER SHALL BE CONSIDERED VIOLATIONS OF THIS AUP BY SUCH USER.

F. Reporting. 

Users are required to immediately report to RapidScale (i) any event or issue which could compromise the stability, service or security of the RapidScale Services or Infrastructure and (ii) any known violation of this Acceptable Use Policy.

G. Changes to Policy. 

RapidScale reserves the right to modify this AUP at any time with or without notice. A current version of the policy is posted on RapidScale’s website at https://rapidscale.net/acceptable-use-policy. All changes shall be effective (a) immediately for (i) for all new Users, (ii) any new or newly-subscribed-to RapidScale Services or Infrastructure of an existing User, or (iii) changes made to comply with applicable law, and (b) thirty (30) days after the date first posted for all other changes.

H. Complaints/Questions. 

Complaints or questions regarding this Acceptable Use Policy should be sent to abuse@rapidscale.com.