This Acceptable Use Policy (“AUP”) governs the usage of products and services of Rainstorm or of any third party which are subscribed to or obtained through Rainstorm (the “Services”). This AUP is incorporated by reference into each contract Rainstorm or any such third party enters into with a you for the use of such Services. Rainstorm may modify this AUP at any time without notice.
Site Security and Updates.
Rainstorm uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively your obligation to maintain and control passwords to your web site(s), and you exclusively are responsible for all activities that occur in connection with your user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the you or authorized users. You agree to immediately notify Rainstorm of any unauthorized uses of the Service or any other breaches of security.
The uses of Rainstorm Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by you or by any affiliate (as determined in the sole discretion of Rainstorm) constitutes a material breach of these terms and will subject your account to immediate termination without notice and without any refund.
Spamming is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Rainstorm requires that all email messages contain an automated opt out. We do not allow purchased lists. You are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business). Rainstorm reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list.
You may not utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
You may not utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity or profane subject matter in the site content and in the domain name are prohibited.
Private Information and Images
You may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
Violations of Intellectual Property Rights
Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Rainstorm is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Misrepresentation of Transmission Information.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for you to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
“Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Rainstorm does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Rainstorm is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activity that is determined by Rainstorm, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls (“OFAC”). Rainstorm will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Rainstorm OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
Engaging in any activity that, in Rainstorm’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Rainstorm’s business, operations, reputation, goodwill, or the ability of Rainstorm’s subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these terms. In addition, our failure to cooperate with Rainstorm in correcting or preventing violations of these terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of you constitutes a violation of these terms by you.
We are not “HIPAA compliant.” You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Rainstorm does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this AUP, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Rainstorm is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.