Acceptable Use Policy

1547 provides colocation, disaster recovery and other Internet-related services to its clients. While respecting that the Internet provides a forum for free and open discussion and dissemination of information, when competing interests arise, 1547 reserves the right to take preventative or corrective actions. This Acceptable Use Policy (AUP) supplements and explains certain terms of the customer’s service agreement and is intended as a guide to the customer’s rights and obligations when utilizing 1547’s services. This AUP will be revised from time to time and posted on 1547’s web site, www.1547datacenters.com, provided that Customer is not bound to such changes unless it explicitly consents.

The fact that no one party owns or controls the Internet accounts for much of the Internet’s openness and value, but also places a high premium on the judgment and responsibility of those disseminating information to others via the Internet. 1547 does not review, edit, censor, or take responsibility for any information its clients create. Users placing information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, information carried over 1547’s network may reach a large number of people, including both clients and non-clients of 1547. Thus, clients’ postings to the Internet may affect others and impact their goodwill, business reputation, and operations. Clients, their customers, affiliates, or subsidiaries engaging in the following prohibited activities violate 1547 policy and the service agreement:

1.1.1 UCE / Spam

The abuse and misuse of e-mail is a serious problem, and 1547 cannot and will not tolerate it. This policy covers all servers and domains on our network, including but not limited to Shared Hosting, Virtual Private Servers, Dedicated Servers and Colocation.

Definition of UCE (Unsolicited Commercial E-mail), or spam:

The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to 1547 or any URL (domain) that is hosted by 1547.
Unsolicited postings to newsgroups advertising any IP or URL hosted by 1547.
The use of web pages set up on ISPs that allow spamming (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by 1547.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) web site.

1547 follows and enforces the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003. This Act prohibits misleading header information, misleading or deceptive subject lines, requires an opt-out method for the recipient, and commercial e-mail must include valid physical postal address of sender and be labeled as an advertisement. Please reference: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.pdf for more information on the CAN-SPAM Act of 2003.

Spam, mailing lists and other email restrictions Due to the increased problems and risk to our network, 1547 also prohibits the use of 3rd party mailing lists and FFA’s. See our mailing list management principals for managing your own lists. Examples that we do not allow include but are not limited to: Safelist, Purchased/Sold mailing lists, FFA’s.

Since it is unsolicited, users who receive spam often become angry and send complaints to our upstream providers. This upsets our providers who abhor spam for the same reasons that 1547 does – it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Consequences/ Penalties for Spamming

1547 reserves the right to terminate any account that violates this policy. Usage of 1547 services constitutes acceptance and understanding of this policy. It is the responsibility of colocation clients to manage the email from their server/accounts and to comply with anti-spam policies. 1547 reserves the right to decide what it considers “spam”, “UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not the e-mail recipients were from an “opt-in” e-mail list.

Facilitating a Violation of our TOS

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, mail bombing, denial of service attacks, and piracy of software.

Other activities 1547 determines to be harmful

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. 1547 will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with 1547 policy or applicable law.

1547 also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, 1547 urges its clients to assume that all of their on-line communications are insecure. 1547 cannot take any responsibility for the security of information transmitted over 1547’s facilities.

1547 will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. 1547 may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, 1547 may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. 1547 assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, 1547 may disclose client information or information transmitted over its network where necessary to protect 1547 and others from harm, or where such disclosure is necessary to the proper operation of the system.

Any complaints about a client’s violation of this AUP should be sent to: info@1547realty.com.