Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) identifies how Customer and Customer’s customers (as applicable) are to use Above Agency Services. Unless otherwise defined herein, all capitalized terms shall have the meaning set forth in the Agreement, which is hereby incorporated by reference.

Please report violations to this AUP to Above Agency at: abuse@above.im

  • 1. Infringement or generally in violation of laws

    Services may not be used as follows:

    • To send unsolicited bulk and/or commercial messages, “safe lists,” email bombing, or spamming in violation of the CAN-SPAM Act.
    • To infringe upon the intellectual property rights of a third party by using Customer Content (including text, graphics, music, videos or other copyrightable material) without proper authorization from such third party or in violation of the Digital Millennium Copyright Act.
    • To misappropriate or infringe the patents, trademarks or other intellectual property rights of any third party.
    • To traffic illegal drugs, for illegal gambling, or other any products or services that are prohibited under applicable law.
    • In violation of any law.
    • In violation of U.S. Export Control Laws.
    • To sell any controlled substance without prior proof of appropriate permit(s).
    • To gain unauthorized access to the computer networks of any other party in violation of the Computer Fraud and Abuse Act.
  • 2. Generally offensive and other harmful activities

    Services may not be used as follows:

    • In connection with pornography of any kind.
    • In connection with obscene materials.
    • To threaten persons with bodily harm.
    • To make harassing or abusive statements or messages.
    • To solicit the performance of acts or services that are illegal under applicable law.
    • For tortuous or actionable activities such as defamation.
    • To forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
    • To support hacker focused sites/archives/programs.
    • To support websites that promote illegal activity.
    • To support hateful/racist/harassing oriented websites.
    • To support forums and/or websites that distribute or link to illegal or pirated content or materials of any kind.
    • To support fraudulent or misleading websites.
    • To provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
  • 3. Abuse and unsupported use of Services

    Services may not be used as follows:

    • In connection with any other disruptive or abusive activity.
    • In Internet Relay Chat scripts and/or bots.
    • For proxy scripts/anonymizers.
    • Image hosting scripts for users other than Customer’s, AutoSurf/PTC/PTS/PPC sites.
    • IP Scanners.
    • For bruteforce programs/scripts.
    • For file dump and mirror scripts or commercial audio streaming.
    • For escrow/bank debentures/trading programs.
    • For high-yield interest programs or related sites.
    • For investment websites (such as similar to E-Gold Exchange, Second Life/Linden Exchange, Ponzi, Multi-Level Marketing, or Pyramid Scheme’s).
    • For prime bank programs.
    • For lottery websites or for use with MUDs, RPGs, PBBGs.
    • Running any type of web spider or indexer.
    • Running any bit torrent application, tracker, or client.
    • Participate in any file sharing or peer-to-peer activities.
    • Cron entries with intervals of less than 15 minutes.
    • To cause denial of service attacks against Above Agency or other network hosts or Internet users or to otherwise degrade or impair the operation of Above Agency’s servers and facilities or the servers and facilities of other network hosts or Internet users.
    • To post messages or software programs that consume excessive CPU time or storage space.
    • To resell Above Agency provided scripts installed on Above Agency’s servers.
    • To subvert, or assist others in subverting, the security or integrity of any InnoScale systems, facilities or equipment.
    • To distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
    • To conduct port scans or other invasive procedures against any server (except any server for which Customer is an authorized system administrator).
    • In any other manner to interrupt or interfere with Internet usage of other persons.
  • 4. Generally prohibited use of Services
    • In any manner that might subject Above Agency to unfavorable regulatory action, subject Above Agency to any liability for any reason, or adversely affect Above Agency’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Above Agency in its sole discretion; or as a backup or storage device except as permitted as a control panel backup of Customer’s account.
  • 5. High Risk Use Prohibited
    • Neither Customer nor Customer’s customer(s) shall use Services in connection with anything that may result in death, serious bodily injury, environmental contamination, disruption or loss of personal or real property.
  • 6. Disclaimer
    • Above Agency expressly disclaims any obligation to monitor its Customers and Customer’s customers with respect to violations of this AUP. Above Agency has no liability or responsibility for the actions of any of its Customers and Customer’s customer(s) or any Customer Content that may be posted by Customer or Customer’s customer(s) on any website.
  • 7. Remedies

    If Above Agency learns of a violation of this AUP, Above Agency will respond to the applicable Customer and may, in Above Agency’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

    • Suspend the offending Customer from use and access of Services;
    • Terminate the offending Customer from use of Services;
    • Remove the Customer Content that violates this AUP; and/or
    • Take other action in accordance with this AUP or under applicable law to protect Above Agency’s interest.
  • 8. Reservation of Rights

    Above Agency reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Above Agency’s Services, Customer and Customer’s customer(s). Above Agency reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Above Agency may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that Above Agency is authorized to monitor its communications through Above Agency’s network for such purposes.