Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) is incorporated by reference into the Master Products and Services Agreement (the “Agreement”) between ADF, Inc. d/b/a/ jetrails.com (“JR” or “JetRails”) and the Customer. This AUP governs the use of all products and services (the “Services“) provided by JetRails. All Customers and their End Users must use the Services in a lawful and appropriate manner and must comply at all times with the terms of this AUP.

Adherence to this AUP is a material obligation of the Customer under the Agreement. The Customer is responsible for any violations of this AUP by any person using the Services provided to the Customer.

1. Prohibited Activities

The following activities are expressly prohibited. Engaging in any of these activities constitutes a breach of the Agreement and will subject the Customer’s account to immediate action, including suspension or termination.

1.1. Illegal and Harmful Activities

• Illegal Conduct: Any activity that violates local, state, federal, or international law.
• Harm to Minors: Disseminating or hosting any material that is harmful to minors, including but not limited to child pornography.
• Fraudulent Activities: Engaging in any activity intended to defraud, including phishing, impersonation, or creating fraudulent schemes.

1.2. Infringement of Rights

• Intellectual Property Infringement: Violating the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets. This includes the hosting of “pirated” software or unlicensed use of third-party software.
• Violation of Privacy: Collecting, storing, or disseminating personal information about others without their express consent or in violation of privacy laws like GDPR or CCPA/CPRA.

1.3. Network and System Abuse

• Distribution of Malicious Code: Hosting or distributing any software or code intended to disrupt, damage, or gain unauthorized access to a computer system, consistent with the definition of “Malicious Code” in the Agreement.
• Security Violations: Any attempt to breach the security of another user or system (“hacking”), including unauthorized access, port scanning, or vulnerability assessments without proper authorization.
• Network Attacks: Engaging in any activity that interferes with the services of another user, host, or network, such as denial-of-service (DoS) attacks, network flooding, or mail bombing.

1.4. Email and Messaging Abuse

• Spam: Sending unsolicited bulk commercial email. Any action that results in a JetRails-provided IP address being listed on a spam blocklist (e.g., Spamhaus) is a violation.
• Email Forgery: Falsifying email header information (“spoofing”).
• Open Relays: Operating an open mail relay that could be used for sending unsolicited email.

1.5. Content and Resource Violations

• Offensive Material: Disseminating material that is threatening, libelous, obscene, or harassing.
• Excessive Resource Consumption: (Suggested Addition) Using a disproportionate amount of system resources (CPU, memory, disk I/O, network bandwidth) that adversely affects other customers.
• Cryptocurrency Mining: (Suggested Addition) Using JetRails Services for the purpose of mining cryptocurrencies without a specific agreement permitting such activity.
• Export Control Violations: Using the Services in violation of any applicable export control laws and regulations.

2. Policy Enforcement and Security

2.1. Suspension and Termination

JetRails may suspend the Service in whole or in part immediately and without prior notice only in an emergency situation. An emergency situation is defined as any activity, whether intentional or unintentional, that JetRails reasonably believes poses an immediate and material threat to the security, stability, or integrity of the JetRails network or the services provided to other customers. Such situations include, but are not limited to, suspected AUP violations causing network harm or if Customer’s service becomes the target of a significant attack (such as a DDoS attack) that interferes with the broader network. For all non-emergency violations, JetRails will provide notice and an opportunity to cure as outlined in the Master Products and Services Agreement.

2.2. Customer Responsibility

Customer will reimburse JetRails for any expenses resulting from Customer’s violation of the AUP, including reasonable attorneys’ fees. Customer is responsible for maintaining the security of its own services, including disaster recovery systems and backups.

3. Reporting Violations

ENTIRE AGREEMENT; AMENDMENT; EXECUTION

To report a violation of this AUP, please email [email protected] or contact JetRails at the other contact details published on the JetRails Website.

Now that the branding and legal language have been finalized, shall I perform a final proofread of the entire document for any grammatical errors or inconsistencies to ensure it is polished and ready for publication?

ENTIRE AGREEMENT; AMENDMENT; EXECUTION

This Agreement, including all Order Forms, Supplements and addenda attached hereto is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings and agreements, whether oral or written. This Agreement may be amended only by a written instrument executed by the Parties.

This Agreement may be executed in multiple counterparts, all of which taken together constitute one and the same instrument. This Agreement may be executed by email or facsimile. The Parties have executed this Agreement as of the last date of execution below.

ADF Inc d/b/a JetRails and eBoundHost

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ADF Inc.

PO Box 113

Skokie, IL 60076

CUSTOMER

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