Acceptable Use
This Acceptable Use Policy (“AUP”) describes activities prohibited on Gladstone Services for the protection of Gladstone Software and its Representatives, Services, network, and other customers. Questions regarding this policy should be directed to abuse@gladstonesoftware.co.uk
- **ABUSE GENERALLY**. Customer shall not use the Services or any related software, system, or network to engage in, foster, solicit, or promote illegal or irresponsible behavior including:
1.1. Conduct likely to breach any laws, codes, or regulations applicable to the parties (including conduct
infringing or misappropriating intellectual property, or confidential or proprietary information; or which is
fraudulent, unfair, deceptive, or defamatory);
1.2. Unauthorized access to, monitoring, or use of, or interference with an internet account, computer, systems,
networks, data, or traffic;
1.3. Intentionally, knowingly, or recklessly introducing any malicious code into the Services;
1.4. Conduct violating rules and conventions of any domain registrar, email service, bulletin board, chat group,
or forum used in conjunction with Gladstone Services or network (including using false, misleading, or deceptive
TCP-IP packet header information in an email or newsgroup posting);
1.5. Deceitfully collecting, transmitting, or using information, or distributing software which covertly gathers or
transmits information about a user;
1.6. Distributing advertisement delivery software unless the user affirmatively consents to download and
installation based on clear and conspicuous notice of the nature of the software, and can easily remove software
using standard tools included on major operating systems;
1.7. Conduct likely to result in retaliation or adverse action against Gladstone or its services, network, website,
or Representatives (including resulting in listing of Gladstone IP space on an abuse database);
1.8. Conduct which breaches Customer’s security obligations, or any activity in connection with the Services
that may expose Gladstone to a security vulnerability;
1.9. Conduct intended to withhold or cloak identity or contact information, registering to use Services under a
false name, or using an invalid or unauthorised credit card in connection with Services;
1.10. Gambling activity violating any applicable codes of practice, required licenses, or technical standards;
1.11. Use of any Gladstone provided shared system in a way that unnecessarily interferes with the normal
operation of the shared system, or consumes a disproportionate share of system resources; and
1.12. Conduct creating a risk to safety or health, national security, or law enforcement.
2. **OFFENSIVE BEHAVIOR**. Customer shall not be abusive or offensive to Gladstone Representatives. Customer
shall not publish, transmit, or store on or via the Services content or links to content that Gladstone reasonably
believes relates in any manner to child pornography, bestiality, non-consensual sex acts, or live sex acts; or is
excessively violent, incites or threatens violence, contains harassing content or hate speech, violates a person’s
privacy, is malicious or morally repugnant.
3. **NO HIGH RISK USE**. Customer may only use the Services for commercial purposes; and Customer shall not
use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of
any person, or to physical or environmental damage (including in connection with aircraft or other modes of human
mass transportation, or nuclear or chemical facilities).
4. **MAIL REQUIREMENTS**. For bulk or commercial email sent by or on behalf of Customer using the Services or
from any network that directly or indirectly refers recipients to a site hosted using the Services (including using third
party distribution lists), Customer shall:
4.1. Post a privacy policy for each associated domain;
4.2. Post an email address for complaints in a conspicuous place on any associated website, promptly respond
to messages sent to that address, and have means to track anonymous complaints;
4.3. Obtain affirmative consent to receive e-mail from intended recipients using reasonable means to verify
ownership of the e-mail address, honor and notify recipients of consent revocation, and evidence consent within
72 hours of recipient or Gladstone request; and
4.4. Include the recipient's e-mail address in the e-mail body or "TO" line.
5. **VULNERABILITY TESTING**. Customer shall not attempt to test the vulnerability of a Gladstone system or
network including those provided in connection with the Services, or attempt to breach security measures, of said
system or network by any means. Notwithstanding the foregoing, Customer may conduct vulnerability testing of
their Hosted System with Gladstone’s prior written consent.
6. **CUSTOMER PROVIDED LICENSES AND SUPPORT**. Customer shall comply with the applicable license terms
governing use of any Open Source Software or Third Party Software provided by Gladstone. If Customer uses any
non-Gladstone provided software on the Customer Configuration then Customer represents and warrants that
Customer shall maintain: (i) the legal right to use the software; and (ii) as applicable to the Services, adequate
original software vendor support (or similar authorized support) permitting Gladstone to perform any installation,
patching, upgrades, or management which Gladstone has agreed to provide. On Gladstone’s request, Customer
shall sufficiently certify in writing (or, as reasonably requested, evidence) that Customer is in compliance with this
section and any other license or support obligations under the Agreement. If Customer fails to certify licensing or
support as requested, Gladstone may charge Customer its standard fee for licensed use of the software, until the
required certification is provided.
7. **EXPORT CONTROL**. Customer shall ensure Services are not used in breach of export laws, controls, regulations
or sanction policies of the United States or Customer’s applicable jurisdiction. Customer shall ensure Services are
not used by any person or entity suspected of involvement or affiliation with those involved in activities or causes
relating to: human trafficking; illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation,
development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons,
weapons of mass destruction, or missiles.
8. **COOPERATION WITH INVESTIGATIONS AND PROCEEDINGS**. Customer agrees Gladstone may permit a
relevant authority to inspect Customer’s content or traffic if Gladstone is legally required to do so, provided
Gladstone gives Customer reasonable prior notice (where permitted by applicable law and regulation). Gladstone
may report to appropriate authorities any Customer conduct Gladstone believes violates applicable law, without
notice to Customer (including providing any information about Customer, its users, or traffic). Gladstone may
cooperate in response to a formal request from a law enforcement or regulatory agency investigating conduct
Gladstone believes violates applicable law, or in a civil action that on its face meets the requirements for such a
request. Customer shall cooperate with Gladstone’s reasonable investigation and resolution of any suspected
breach of the Agreement.
9. **CHANGES TO AUP**. Gladstone may amend the AUP by publishing a revised version at
www.gladstonesoftware.com/gladstone-aup, or in the event of a material adverse AUP change by providing
Customer at least 30 days prior written notice. The revised AUP shall become effective as to Customer on the first
to occur of: (i) Customer’s execution of a new Service Order or agreement incorporating the revised AUP or (ii) the
first day of an agreement renewal term beginning at least 30 days after revised AUP publication, or (iii) expiry of
written notice provided pursuant to this section. If compliance with the revised AUP would adversely affect
Customer’s use of the Services, Customer may terminate the affected Services for convenience by giving
Gladstone written notice of Customer’s objection no later than the date that the revised AUP would otherwise have
become effective as to Customer; Customer may continue using the Services for up to an additional 90 days subject
to the prior version of the AUP. Gladstone may, at its discretion, waive the AUP change as to Customer in which
case the notice of termination shall be of no effect.
10. **AUP BREACH**. If Customer breaches the AUP (including unintentionally, resulting from Customer’s failure to
use reasonable security precautions, or as a result of activity occurring without Customer authorization) Gladstone
may block any content or traffic, may be relieved of its obligation to provide all or a portion of the Services, suspend
the Services, or terminate the Services in accordance with the Agreement, at its election. No credit shall be available
under any Service Level Agreement for interruptions of Services resulting from an AUP breach. Customer’s use of
the Services to assist another entity in an activity that would breach this AUP if performed by Customer is an AUP
breach.