Layered Tech Acceptable Use Policy

Background

This Acceptable Use Policy ("AUP") of Layered Technologies, Inc. and any of its subsidiaries (collectively "Layered Tech"), provides the rules, regulations, and restrictions on the use of the devices (any CPU based hardware platform), IP addresses (any publicly routable IPv4 32-bit or IPv6 128-bit Internet Protocol address), and services (any other Layered Tech offering), provided, managed, or assigned to a Client "Client" by Layered Tech (collectively, the "Services"), as described in a Service Schedule, Service Commitment Communication or other Order Form (collectively, "Service Schedule") accepted by Client. Layered Tech may, from time to time at its sole discretion, impose rules, regulations, or restrictions on the Services not expressly stated in this AUP. Layered Tech may modify this AUP at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on www.layeredtech.com. By registering for or using the Services, Client accepts and agrees to abide by this AUP and the applicable laws of the cities, states, and countries where Client uses the Services and where the Services are located.

Suspension and Cancellation

Violation of this AUP, the policies of any upstream provider of Layered Tech, or the policies of any network connected on, to, from or through the Services may, at the sole discretion of Layered Tech, result in the immediate suspension or cancellation of any or all Services or other action deemed appropriate by Layered Tech, without remuneration to Client. Any fees paid in advance of such suspension, cancellation, or other actions are non-refundable.

Data Liability

Client is solely liable and responsible for any and all data stored or transmitted on, to, from, or through the Services, including, without limitation, block special files, character special files, directories, symbolic links, socket links, fifos, regular files, programs, databases, text, graphics, pictures, movies, audio, streaming media, web pages, hyperlinks, email, instant messages, chat messages, file transfers, host names, and domain names.

Liability

Client is solely liable and responsible for any and all damages or fines resulting directly or indirectly from violations of this AUP. Violations of this AUP may result in significant civil and criminal liability to Client. Any attempted or actual violation of this AUP by any party on Client's behalf shall be considered a violation of this AUP by Client.

Client is responsible for the conduct of Client's customers and agrees that Client's customers will adhere to the AUP. Client shall make Client's current and prospective customers aware of this AUP.

Disclaimer

Layered Tech assumes no liability or responsibility to any party for any violation of this AUP by any other party.  It is the policy of Layered Tech, but not its obligation, to monitor its network for potential, alleged, or actual violations of this AUP.

Policy Enforcement and Resolution

Violations of this AUP are enforced at the sole discretion of Layered Tech. Notices of violations may be communicated by issuance of a Policy Enforcement notice to the abuse contact email address(es), if provided, and the first MAIN email address associated with the Services. Client is responsible for maintaining Client's contact information in the Client portal so that Client's email addresses are reachable even in the event of disconnection of the Services. Client's failure to receive a Policy Enforcement notice does not limit the right of Layered Tech to enforce this AUP or Client's responsibility to resolve violations of this AUP in a manner acceptable to Layered Tech. Client must remove all domains, sites, users, or exploits causing a violation of this AUP. Client must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. Layered Tech may, at its sole discretion, access any managed Service or require root access to any unmanaged Service to remove the cause of a violation or reconfigure, harden, or remove any improperly configured or insecure software.

Depending on the violation type, severity, history, quantity of complaints, upstream provider requirements, and other factors, Client's Services may be:

  • Monitored for additional violations
  • Disconnected, null-routed, or port shutdown in 24-hours, 16-hours, 8-hours, 1-hour, or 0-hours as indicated in a policy enforcement notice
  • Required to provide root login information for our direct investigation, cleaning, hardening, and/or securing
  • Required to submit reload ticket with or without data recovery as indicated in a policy enforcement notice
  • Required to remove current end-user-customer from all services
  • Placed on 30-day probation
  • Reviewed for probation violation
  • Hard drives seized
  • Cancelled

Specific Violations of this AUP

The list below represents the standard times required for an initial reply from Client, with appropriate comments, questions, or actions to resolve issues indicated in a Policy Enforcement notice. If Client's initial reply is not received within the standard times, Layered Tech will suspend the Services. However, replying within a standard time is not a guarantee the Services will not be suspended. The standard times may be modified on a case-by-case basis depending on the abuse type, severity, history, quantity of complaints, upstream provider requirements, and other factors. The following listing is not exhaustive.

24-HOUR ISSUES:

Copyright
Hosting, Distributing, or Linking to Copyright Infringed Materials.
See http://www.copyright.gov/title17/92chap5.html

Embargo
Hosting or Linking to a Site Prohibited by Embargo.
See http://www.bis.doc.gov/ and http://www.treas.gov/offices/enforcement/ofac/

Forgery
Faking an IP Address, Hostname, E-Mail Address, or Header.

Invalid Hostname
A vain, obscene, or malicious host or domain name.

IRC Unregistered
Internet Relay Chat Server not Registered and Approved by Layered Technologies abuse department.

Pharmaceuticals
Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.

Shells
Hosting Accounts Primarily for Shell Access.

Spam Email
Unsolicited Bulk Email (UBE).

Spam News
Posting the same message repeatedly in one or more newsgroups or posting an off-topic message to a newsgroup.

Spam Site
Hosting a Site Advertised by Spam Email, Spam News, or Spam Web.

Spam Web
Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.

Tools
Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.

Trademark
Hosting, Distributing, or Linking to Trade Mark Infringed Materials.

Wares
Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.


16-HOUR ISSUES:

Advance Fee Fraud
Spam to Solicit an Advance Fee in Return for Monetary Gain.

HYIP Site
Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme.

Infection
Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.

IP Blacklist
Causing an IP to be Blacklisted at an ISP, Upstream Provider, Backbone Provider, or an Established Blacklist Site.

IRC Malicious
Malicious Use of Internet Relay Chat.

Scanning
Probing for Vulnerabilities of Network Devices.

Spam List
Hosting, Distributing, or Linking to Email Address Lists for Spam.

Spam Ware
Hosting, Distributing, or Linking to Software Designed for Spamming.

Web Spider
Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers.


8-HOUR ISSUES:

Child Porn Link
Linking to Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 http://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110&edition=prelim

Cracking
Brute Force Access of Secured Network Devices.

DoS
Denial of Service Attack of Network Devices.

Fraud Site
Hosting or Linking to a Website Intended to Deceive the Public.

Hacking
Circumventing Security Systems of Network Devices.

ID Theft
Hosting, Distributing, or Linking to Stolen Account Identification Information.

Open Proxy
Hosting an Open Proxy.

Open Relay
Hosting an Open Relay.

Phishing
Identity Theft by Email Under False Pretense.

Proxy Hijack
Use of a Third Party Proxy Vulnerability or Trojan.

Terrorist Site
Hosting or Linking to a Site Advocating Terrorism.
See http://www.treas.gov/offices/enforcement/ofac/programs/terror/terror.pdf


1-HOUR ISSUES:

Child Porn Dist
Distributing Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 http://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110&edition=prelim

ROKSO
ROKSO Blacklisting at www.spamhaus.org of an IP.
See http://www.spamhaus.org/rokso/index.lasso

Upstream AUP
Violation of AUP of an Upstream Provider of Layered Technologies.


0-HOUR ISSUES:

Child Porn Host
Hosting Content of Pornography Involving a Person Under Legal Age. See 18 USC Chapter 110 Sections 2256 and 2257 http://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter110&edition=prelim

Managed and Unmanaged Services

With respect to unmanaged Services which include Defcon 4, Defcon 5, System View, Site View, Layer 1, and other unmanaged services, Client is solely responsible for the management, administration and security of the Services, all data stored or transmitted on, to, from, or through the Services, and for all passwords provided to Client by Layered Tech.

With respect to managed Services which may include Defcon 3, Defcon 2, Defcon 1, Layer 2, Layer 3, Layer 4, Essential, Optimal, and Compliant, Client is solely responsible for all data stored or transmitted on, to, from, or through the Services, and for all passwords provided to Client by Layered Tech.

It may become necessary for Layered Tech to perform management, administration, or security work on the Services to resolve a violation of this AUP in a manner acceptable to Layered Tech without Client's prior approval and Client agrees to pay Layered Tech $150.00 USD per hour, with a one-hour minimum.

Disclosure to Law Enforcement

The use of Service for illegal activities is prohibited. Layered Tech will cooperate with law enforcement authorities in the investigation and prosecution of criminal activity. Client agrees that Layered Tech may disclose any and all of Client's information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency as permitted or required by law without consent or notification to Client.

Intellectual Property

Layered Tech is required by law to require Client to delete or remove access to material that infringes the copyrights, trademarks, or other intellectual property rights of others, or to terminate Client's Services if Client repeatedly infringes the copyrights, trademarks, or other intellectual property rights of others.

If Client believes that its work has been copied in a way that constitutes copyright infringement, please provide Layered Tech's Agent (http://www.layeredtech.com/about/legal/dmca-designated-agent/) with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Network Performance

Use of a publicly routable IP address not provided to Client by Layered Tech as part of the Services is prohibited. Layered Tech provides shared network resources and, therefore, excessive use or abuse of these shared network resources by one Client of Layered Tech may adversely affect other clients of Layered Tech or the network of Layered Tech. Any misuse of network resources in a manner adversely affecting other clients of Layered Tech or the network of Layered Tech is prohibited. Any activity or data stored or transmitted on, to, from, or through the Services that adversely affects other clients of Layered Tech, the network of Layered Tech by an offended third party, or the reputation of Layered Tech is prohibited.

SPAM

For the purposes of this AUP, SPAM is defined as all Unsolicited Bulk Email . "Unsolicited" means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. "Bulk" means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient's personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al. or "CAN-SPAM Act" applies to this AUP.

Opt-In Mailing Lists

Mailing lists must be true opt-in, requiring Client to provide the recipient with either a confirmation email or a confirmation web page where the recipient must reply with a confirmation email having a unique tracking number, or must click a hyperlink either in the confirmation email or the confirmation web page both having a unique tracking number maintained in Client's web server log file, thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific opt-in site both of which must be hosted on the network of Layered Tech under Client's administrative control. Client is required to provide the confirmation email reply or the web server log file line having the unique tracking number as evidence that the recipient did indeed opt-in to the email list. Client is also required to provide at least one simple method to opt out of the email list that must be honored immediately.

Free Hosting Services

Client is liable and responsible for violations of this AUP by all third parties for whom Client provides free web, mail, ftp, or other hosting. Layered Tech strongly advises Client not to provide free hosting to unknown third persons or parties. If a pattern of violations of this AUP results from such free hosting, Layered Tech may, at its sole discretion, suspend or cancel any or all Services or require Client to remove such free hosting.

TOR and Anonymous Routers or Routing Protocols

If an alleged or actual violation of this AUP is believed, at the sole discretion of Layered Tech, to have occurred on, to from, or through TOR or another anonymous router or routing protocol, the alleged or actual violation of this AUP shall be deemed to have occurred whether verifiable evidence exists or not.

Bit Torrent, Point-to-Point, and Proxy Software

Bit Torrent, Point-to-Point, and Proxy software are permitted until and unless a violation of this AUP occurs related to such software. Layered Tech may, at the sole discretion of Layered Tech, require removal of such software.

Violation Reporting

Violations of this AUP should be reported to abuse@layeredtech.com