Acceptable Use Policy


(Last updated: March 31st, 2009)

  1. Scope. This Acceptable Use Policy (this “Policy”) governs the usage of SiteJive’s products and services (“SiteJive Services”). This Policy is incorporated by reference into each contract SiteJive enters into with a customer (each, a “Customer”) for the use of such Services. SiteJive may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to SiteJive’s Web site so that no person who utilizes SiteJive’s Web site (regardless of whether that person is a Customer) may take any action utilizing SiteJive’s Web site that a Customer would be prohibited to take utilizing the Services.
  2. Purpose. The purpose of this Policy is to enhance the quality of the Services and to protect SiteJive’s customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain SiteJive Services (each such person being a “User”). Each User should use common sense and good judgment in connection with SiteJive Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using SiteJive Services and the Internet.
  3. Prohibited Uses. Users may not:
    1. Use SiteJive Services in connection with the following prohibited content. Without limiting the general application of this rule, Users may not:
      1. Use SiteJive Services to host adult-oriented sites, designed for entertainment or commercial purposes. Prohibited sites include those that provide or promote access to pornographic materials (images, multimedia, or links) whether for free or for payment, regardless of whether adult verification is used or not.
      2. Exceptions are made for sites of educational and artistic nature, although we reserve the right to make further restrictions at our own discretion.
    2. Use SiteJive Services in connection with mass unsolicited email or newsgroup messages (commercial or otherwise). Without limiting the general application of this rule, Users may not:
      1. Use SiteJive Services to send large numbers of unsolicited email messages to advertise, offer, sell, or buy any goods or services, or for informational announcement. In response to a complaint, SiteJive has the discretion to determine, from all of the evidence it receives, whether the intended recipients were from an “opt-in” email list.
      2. Use SiteJive Services to post large numbers of inappropriate newsgroup messages (excessive cross-posting or multiple-posting) to advertise, offer, sell, or buy any goods or services, or for informational announcement.
      3. Use SiteJive Services to send email with forged headers to deceive or mislead other persons regarding the true identity/origin of the sender.
      4. Use SiteJive Services to host email addresses used as a drop or reply point in mass unsolicited email or newsgroup posts.
      5. Use SiteJive Services to host servers, web sites, or web pages advertised in mass unsolicited email or newsgroup posts.
      6. Use another site’s mail server to relay mail without the express permission of the site.
      7. Use another site’s domain or email address to send or post messages without the express permission of the owner.
      8. Use SiteJive Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited email or spam;
      9. Use SiteJive Services to solicit or collect, or distribute, advertise or promote, email address lists for the purpose of encouraging or facilitating unsolicited email or spam;
    3. Use SiteJive Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
      1. Use SiteJive Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
      2. Use SiteJive Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
      3. Use SiteJive Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
      4. Use SiteJive Services to export encryption software to points outside the United States in violation of applicable export control laws; or
      5. Use SiteJive Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person;
      6. Use SiteJive Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law;
    4. Use SiteJive Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
      1. Use SiteJive Services to cause denial of service attacks against SiteJive or other network hosts or Internet users or to otherwise degrade or impair the operation of SiteJive’s servers and facilities or the servers and facilities of other network hosts or Internet users;
      2. Use SiteJive Services to conduct “mail-bombing” (sending large numbers of unsolicited emails or very large attachments to one recipient);
      3. Use SiteJive Services to post messages or software programs that consume excessive CPU time or storage space;
      4. Use SiteJive Services to resell access to mail services, mail forwarding capabilities, POP/IMAP/Webmail accounts or auto-responders hosted on SiteJive’s servers;
      5. Use SiteJive Services to resell access to CGI scripts installed on SiteJive’s servers;
      6. Use SiteJive Services to subvert, or assist others in subverting, the security or integrity of any SiteJive systems, facilities or equipment;
      7. Use SiteJive Services to gain unauthorized access to the computer networks of SiteJive or any other person;
      8. Use SiteJive Services to conduct monitoring of data or traffic on any network or system (except any server for which the User is an authorized system administrator);
      9. Use SiteJive Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
      10. Use SiteJive Services 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;
      11. Use SiteJive Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
      12. Use SiteJive Services 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;
      13. Use SiteJive Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
      14. Use SiteJive Services in any manner that might subject SiteJive to unfavorable regulatory action, subject SiteJive to any liability for any reason, or adversely affect SiteJive’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 SiteJive in its sole discretion; or
      15. Use SiteJive Services in any other manner to interrupt or interfere with the Internet usage of other persons.
  4. Violations
    1. Disclaimer. SiteJive expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. SiteJive has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
    2. Reporting Non-Copyright Violations. SiteJive encourages Users to report violations of this policy by e-mail to: abuse@SiteJive.net, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
    3. Reporting Copyright Violations. SiteJive complies with the Digital Millennium Copyright Act (“DMCA”). SiteJive encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to:Abuse Notices
      SiteJive, Inc.
      PO Box 2549
      Seattle, WA 98111-2549
    4. Remedies. If SiteJive learns of a violation of this Policy, SiteJive will respond to the applicable Customer and may, in SiteJive’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
      1. Warning the Customer;
      2. Suspending the offending Customer from SiteJive Services;
      3. Terminating the offending Customer from SiteJive Services;
      4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
      5. Removing the offending content; and
      6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
  5. Reservation of Rights. SiteJive reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving SiteJive’s Services, Customers and other Users. SiteJive reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. SiteJive 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 Policy and each Customer agrees that SiteJive is authorized to monitor its communications through SiteJive’s network for such purposes.