Table of Contents
1. Purpose
The intent of this policy and our operating principles
MACROMIND supports the free flow of information and ideas over the Internet. We do not actively monitor Subscriber activity or exercise editorial control over Customer Content under normal circumstances. However, MACROMIND reserves the right to investigate and take action where activity on our network violates this AUP, the ToS, or applicable law.
The purpose of this AUP is to:
- Ensure reliable and secure operation of our network and Services;
- Protect our infrastructure, other Subscribers, and third parties from abuse or illegal activity;
- Comply with applicable United States federal and state law, and applicable international law;
- Maintain MACROMIND's reputation as a responsible infrastructure provider;
- Preserve the value of Internet resources as a conduit for free expression and exchange of information.
2. Subscriber Responsibility
Obligations and duties of each customer
Subscribers are solely responsible for:
- Securing their accounts, systems, and software against unauthorized access and misuse;
- All activity conducted under their accounts or infrastructure, including activity by employees, contractors, customers, or other third parties (see Section 10 of the ToS);
- Ensuring that any third-party access to the Services complies with this AUP and the ToS.
3. Prohibited Uses
Activities not permitted on MACROMIND infrastructure
Subscribers may not use the Services for any unlawful, abusive, or harmful activity, whether directly or indirectly. The following list is illustrative and not exhaustive.
- Engaging in illegal activities or supporting illegal conduct under applicable US federal, state, or international law;
- Using the Services to harm or attempt to harm minors in any way, including child exploitation or sexual abuse material (CSAM);
- Transmitting material that threatens or encourages bodily harm or destruction of property;
- Harassing or intimidating individuals or groups;
- Fraudulent activity, including phishing, scams, pyramid or Ponzi schemes, chain letters, or other financial fraud;
- Distribution, storage, or access to illegal content of any kind;
- Violation of applicable export control laws or sanctions regimes, including those administered by the United States (OFAC, EAR, ITAR) or the European Union.
- Adding, removing, or modifying identifying network header information to mislead others;
- Attempting to impersonate any person or entity using forged headers or other identifying information. Use of anonymous remailers or nicknames does not constitute impersonation.
Sending spam is strictly prohibited. MACROMIND employs automated detection and blocking mechanisms to protect the integrity of the network.
The following are also prohibited:
- Sending unsolicited commercial email or bulk messages, or hosting services primarily intended for spam distribution;
- Forging email headers, spoofing sender addresses, or using other deceptive identification in electronic communications, in violation of the CAN-SPAM Act and similar laws;
- Operating open mail relays or proxies that facilitate spam distribution by third parties;
- Email or news bombing intended to impede another person's use of electronic mail or news services.
- Accessing or attempting to access others' accounts, systems, or networks without authorization, in violation of the Computer Fraud and Abuse Act (CFAA) or equivalent laws;
- Penetrating or attempting to penetrate security measures of MACROMIND or third-party systems;
- Probing, scanning, or testing vulnerabilities without the explicit authorization of the system or network owner;
- Denial-of-service (DoS), distributed DoS (DDoS), traffic amplification, stress-testing, or other attacks that disrupt network integrity or infrastructure;
- Abusive automation or bulk messaging that degrades or disrupts third-party services or infrastructure;
- Operating command-and-control (C2) infrastructure for malware, botnets, or other malicious software.
- Unauthorized reproduction, distribution, or transmission of material that infringes copyrights, trademarks, patents, trade secrets, or other proprietary rights, in violation of the DMCA and applicable IP law;
- Unauthorized copying, digitization, or distribution of copyrighted content including software, images, books, or magazines;
- Collecting personal data of third parties without their knowledge or consent in violation of applicable US privacy laws (including CCPA and state equivalents);
- Operating services primarily designed to facilitate large-scale copyright infringement.
- Intentionally distributing viruses, malware, ransomware, spyware, or any software designed to cause harm to systems, data, or users;
- Using the Services to facilitate ongoing attacks, intrusions, or network disruptions against third parties.
Sustained use of CPU, power, bandwidth, storage I/O, or other infrastructure resources at levels inconsistent with normal operational workloads, in a manner that degrades service for other Subscribers or exceeds the operational parameters of the contracted service. Please refer to the Terms of Service for detailed resource usage policies.
4. Enforcement & Penalties
Actions MACROMIND may take in response to violations
MACROMIND reserves the right to take any of the following actions in response to AUP violations, at its sole discretion:
Written Warning
Issue a written notice and request remediation
Traffic Restriction
Filter network traffic or null-route IPs associated with abuse
Suspension
Suspend the Subscriber's account pending investigation
Termination
Terminate the account and all associated services
Cost Recovery
Recover actual costs from remediation and delisting fees
Legal Action
Report to authorities and pursue available legal remedies
5. Reporting Violations
How to notify us of detected abuse
Official abuse reporting channel
Please include in your report:
MACROMIND will investigate all reports and take appropriate action. MACROMIND is not obligated to disclose the outcome of any investigation to the reporting party.
6. Cooperation with Authorities
Disclosure of information to government and judicial bodies
MACROMIND may disclose Subscriber information to law enforcement authorities, regulatory bodies, or governmental agencies as required by applicable law, court order, subpoena, or other lawful request. Such disclosure may occur without prior notice to the Subscriber where legally required or where immediate disclosure is necessary to prevent harm. See Section 20.2 of the Terms of Service for the complete disclosure policy.
7. Revisions to This AUP
How we communicate updates to this document
MACROMIND reserves the right to revise or update this AUP at any time. Subscribers will be notified of changes by email to the address on file. Continued use of the Services after notification constitutes acceptance of the updated AUP.
8. Subscriber Acknowledgment
Confirmation of reading and agreement
For questions about this policy, please contact admin@macromind.net or our technical team at sysadmin@macromind.net.