This Acceptable Use Policy (AUP) of Planisys. sets forth the rules, regulations, and restrictions regarding 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 (corporate e-mail service corpmail; e-mail marketing—dmds; hosting, co-location, cloud services), provided, managed, or assigned to a Client by Planisys, as described in a Service Contract or other Order Form accepted by the Client. Planisys may, from time to time at its sole discretion, impose rules, regulations, or restrictions on the Services not expressly stated in this AUP. Planisys may modify this AUP at any time at its sole discretion. Modifications and revisions of this AUP will be posted on the company’s website www.planisys.com and effective immediately. The use or hiring of any Planisys Services implies the Client’s implicit acceptance of the terms and conditions of this AUP, agreeing to abide by them and the applicable laws of the cities, states, and countries where the Client uses the Services and where the Services are located.
Any violations of this AUP, the policies of any upstream provider of Planisys, or the policies of any network connected on, to, from or through the Services may, at the sole discretion of Planisys, result in the immediate suspension or cancellation of any or all Services or other action deemed appropriate by Planisys, without remuneration to the Client. Any fees paid in advance of such suspension, cancellation, or other actions are non-refundable.
The 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.
The 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 issues for the Client. Any attempted or actual violation of this AUP by any party on the Client’s behalf shall be considered a violation of this AUP by the Client. The Client is responsible for the conduct of the Client’s customers and is responsible for informing the Client’s customers of their responsibility for adhering to the terms and conditions set forth in this AUP.
Planisys assumes no liability or responsibility to any party for any violation of this AUP by any other party. Planisys shall monitor its sites and network for any violations of this AUP but does so not under any obligation.
Violations of this AUP are enforced at the sole discretion of Planisys. Any client, or other third party, in violation of the terms and conditions herein will be notified via e-mail at the abuse contact email address(es), if provided, and/or the first principal contact email address associated with the Services. The Client is responsible for maintaining its contact information up to date so that Planisys can reach the Client even in the event of the disconnection of the Client’s Services. The Client must notify Planisys of any changes or modifications at firstname.lastname@example.org. The Client’s failure to receive a notice regarding the AUP infringement or violation does not limit the right of Planisys to enforce this AUP or the Client’s responsibility to resolve violations of this AUP in a manner acceptable to Planisys. The Client must remove all domains, sites, users, or exploits causing a violation of this AUP. The Client must reconfigure, harden, or remove any improperly configured or insecure software causing a violation of this AUP. Planisys 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:
There is a standard response time assigned for each violation within which period an initial reply from the Client, with appropriate comments, questions, or actions to resolve issues indicated in an AUP violation notice, must be received by Planisys. If the Client’s initial reply is not received within the specified timeframe, Planisys 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 client will be informed of the response time in the e-mail sent by Planisys informing the Client of the specific violation.
In general terms, the Client will have between 24 hours (for issues such as copyright violations, spam, etc.) and 8 hours (for issues such as Open Proxy, Hosting an Open Proxy, Open Relay, among others) to respond to Planisys’ notice, except in the case of child pornography for which Planisys maintains a zero tolerance policy. A complete list of offenses and responses times is available upon request.
Planisys and all of its e-mail services are operating under the concept known as Permission-Based E-Marketing, which means that e-mails are to be sent only to the customers that solicit them. Planisys does not tolerate SPAM, defined as all unsolicited bulk e-mail sent to multiple recipients who did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. If any customer or natural personal sends any type of Spam through our email delivery services, the case will be dutifully investigated and prosecuted. Unsubscribing: As required by law, Planisys includes a link to unsubscribe from future email deliveries made by the same sender. Sender information: Each email generated by Planisys contains the legitimate address of the source of the message. Promise of Email Marketing: Planisys accepts, supports and meets the terms of the Email Marketing Pledge, guidelines that are established by the ESPC, Email Sender Provider Coalition. Planisys’ permission-based E-marketing platform is equipped with all the tools Planisys Clients need to develop and monitor email deliveries, in order to ensure that Planisys’ anti-spam policy is not violated. If you have received unsolicited emails or if you have any questions regarding Spam and/or our anti-spam policy, please email us at email@example.com
Mailing lists must be true opt-in, requiring that 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 the 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 Planisys under the Client’s administrative control. The 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. The Client is also required to provide at least one simple method to opt out of the email list that must be honored immediately.
In regard to unmanaged Services, the 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 the Client by Planisys. In regard to managed Services, the Client is solely responsible for all data stored or transmitted on, to, from, or through the Services, and for all passwords provided to the Client by Planisys. It may become necessary for Planisys to perform management, administration, or security work on the Services to resolve a violation of this AUP in a manner acceptable to Planisys without the Client’s prior approval; the Client will be responsible for paying Planisys US$100.00 per hour, with a one-hour minimum, to carry out aforementioned tasks.
It is strictly prohibited for the Clients to use Planisys Services for illegal activities. Planisys will cooperate as needed with law enforcement authorities in the investigation and prosecution of all and any criminal activity. The Client accepts that Planisys may disclose any and all of the Client’s information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency as permitted or required by law without the Client’s consent, nor requiring any prior notification.
Planisys is required by law to require the Client to delete or remove access to material that infringes the copyrights, trademarks, or other intellectual property rights of others. If a Client is found guilty of repeatedly infringing the copyrights, trademarks, or other intellectual property rights of others, Planisys will be forced to suspend and/or cancel the Client’s Services. In the event that a Client believes that its work has been copied in a way that constitutes copyright infringement, the Client shall provide Planisys with the following information:
Use of a publicly routable IP address not provided to the Client by Planisys as part of the Services is prohibited. Planisys provides shared network resources and, therefore, excessive use or abuse of these shared network resources by a single Planisys Client may adversely affect other clients of Planisys or the network of Planisys. Any misuse of network resources in a manner adversely affecting other clients of Planisys or the network of Planisys is prohibited. Any activity or data stored or transmitted on, to, from, or through the Services that adversely affects other clients of Planisys, the network of Planisys by an offended third party, or the reputation of Planisys is prohibited.
The Client is liable and responsible for violations of this AUP by any third party the Client provides with free web, mail, ftp, or other hosting. Planisys strongly advises that the Client does not provide free hosting to unknown third persons or parties. If violations of this AUP are repeatedly the result of said free hosting services, Planisys may, at its sole discretion, suspend or cancel any or all Services or require Client to cease its offering of said free hosting, removing the service from its network.
Bit Torrent, Point-to-Point, and Proxy software are allowed as long as they do not result in a violation of this AUP. Planisys may, at its sole discretion, require removal of such software.
E-Mail Feedback Loops Planisys maintains feedback loops in cooperation with other major ISPs (Internet Service Providers) and ESPs (E-mail Service Providers) covering all of its IP address space, where individual unsolicited e-mails are reported by end-users. Planisys will notify its Clients of such e-mails, and the Clients in turn are required to take actions such as closing open relays or conducting list removals. Planisys regularly analyzes feedback patterns and monitors whether there are any violations of this AUP by Planisys Clients.