Acceptable Use Policy (AUP)
Scope and Purpose
SPCM, Inc Corporation (hereafter referred to as "SPCM")
provides services to view and use products, services, and other materials
made available over the Internet (Content). By its nature, the Internet is
designed to permit the expression of a wide variety of commercial and
non-commercial messages, as well as purchase and use products, services,
and other items. However, the Internet is not owned or controlled by any
one entity. SPCM can not, and does not, monitor or control any
Content, including its customer's Content. Use of the Internet, as a
provider Content, or as a user of it, requires a high level of individual
judgment. By accessing the Internet, you assume the risk that Content
available through SPCM's services may be inaccurate, offensive,
illegal or otherwise unsuitable to your individual tastes, and/or needs.
SPCM can not, and will not, accept responsibility for injury that
results from this Content, even if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet
creates, SPCM has created this Acceptable Use Policy (AUP). This
AUP governs the use of the services provided by SPCM, its
customers, visitors to SPCM's web sites, and visitors to
customer's web sites (all such collectively referred to as "End Users").
It is a part of each customer's agreement with SPCM and is
incorporated by this reference. While this AUP is designed to facilitate
open and free use of the Internet, and balance issues presented by that
use, SPCM may take actions based on this AUP that in its sole
opinion are in its best business interests, regardless of whether the use
itself is legal.
In particular, SPCM encourages prospective customers to carefully
review sections of this AUP covering E-Mail/SPAM, Intellectual Property
Violations, and Security. A thorough review of those sections, and the
entire AUP, may help avoid creating issues under it that will cause SPCM to take action, up to, and including, termination of a customer's
Customers violate this AUP when they or End Users engage in activities
prohibited by it. It is a customer's responsibility and contractual
obligation to ensure that End Users comply with this AUP. SPCM
expects that customers will cooperate with it in the enforcement and
administration of this AUP. A customer's failure to do so is a violation
of their contract.
SPCM's services may be used for lawful purposes only. Customers
and End Users may not use SPCM's services to directly facilitate
the violation of any particular law or regulation. Use of SPCM's
services is governed by the laws of the United States, regardless of our
physical location or that of the Customer or End User.
Other Acceptable Use Policies
When using SPCM to connect to other systems, Customers and/or End
Users must respect any acceptable use policies, terms of service, terms and
conditions or similar restrictions placed on their use by the owners of
Services we provide may be subject to other acceptable use policies. We
will provide these acceptable use polices to you on request.
Any use of Customer's account, server, or any other service provided by
SPCM will be considered use by the individual or entity set out in
SPCM's records as the owner, or principal contact. This individual
or entity will be held responsible for all contractual obligations
including violations of this AUP. The security of Customer's systems and
account details are the responsibility of the customer. The primary contact
is considered the owner or authorized user of all data using SPCM's services.
SPCM recommends that Customers take steps to ensure that all use
of their account and/or server is authorized. This includes restricting
physical access to their computers and networks, logging their use, and
ensuring that their account details (especially passwords) are stored
securely. Connecting a computer to the Internet exposes it to millions of
other computers. SPCM recommends that Customers ensure that their
computer is secured against abuse from the Internet. All security related
responsibilities are those of the Customer unless otherwise agreed upon in
writing. Computers are configured to facilitate their operation in SPCM's network. This configuration may be less secure than others.
Customers are encouraged to review security protocols and ensure that they
have selected the security level fitting their needs. SPCM makes no
warranties regarding the security of its network.
SPCM reserves the right to change this AUP without notice.
Continued use of SPCM's services constitutes acceptance of the
most current version of the AUP.
It is the responsibility of the customer to notify SPCM of any
changes to their account or contact information. SPCM has no
responsibility for communications that are misdirected as a result of
Customer's failure to provide SPCM with updated contact
Contacting SPCM regarding violation of this AUP
E-mail addresses used to contact SPCM are set out within this AUP.
Please note, that SPCM has created special addresses for certain
types of complaints. Complaints misdirected by a Customer or End User may
not be responded to. Complaints submitted to SPCM are not
confidential and may be forwarded to SPCM's customer or law
enforcement, without notice. SPCM does not recognize requests that
complaints be kept confidential, and will not honor those requests.
Complaints for which a particular e-mail or other contact address is not
specified in this AUP, should be sent to email@example.com.
Complainants should include as much detail as possible. Relevant E-mails or
Usenet postings (including all headers) and logs, together with references
to charters, acceptable use policies and other supporting evidence should
all be included when they are available. Some abuse complaints may not
receive a reply depending on the volume of abuse complaints about that
SPCM recognizes that it is often expedient to request that SPCM take action related to a Customer or End User. However, SPCM is not always in the best position to take action. The fact that a
particular activity is prohibited in this AUP does not obligate SPCM to take any specific action.
Intellectual Property Rights
Customers warrant that their use of SPCM's services are
authorized, and that they are the lawful owner, or licensee of Content,
placed on, or accessed through those services.
The DMCA contains very specific criteria setting out what an allegation of
copyright infringement must contain. The criteria are available at
www.copyright.gov/title17/92chap5.html. SPCM is not
required to respond to notices that do not fall within these criteria.
Please review them carefully. Under Federal Law, you may be subject to
heavy civil penalties if you misrepresent your copyright interest in a DMCA
Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or
misappropriates the intellectual property rights of others. This includes
but is not limited to, trademarks, service marks, trade secrets, software
piracy and patents. Complaints about such activity by Customers or End
Users may be directed to firstname.lastname@example.org.
Certain Content Restrictions
SPCM does not knowingly host sites containing Child Pornography,
Child Erotica or Bestiality. For the purposes of this AUP, SPCM
does not distinguish between Child Pornography, and Child Erotica, and both
are collectively referred to as Child Pornography. Customers and End Users
are prohibited from using SPCM's services to disseminate or access
Child Pornography and Bestiality. SPCM is required by law to report
the use of its services to disseminate or display Child Pornography and
Bestiality. SPCM actively cooperates with law enforcement in their
efforts to prosecute violations of U.S. statutes restricting Child
Pornography and Bestiality, and will do so without informing Customers or
Child Pornography and/or Bestiality complaints may be directed to
Further information about child pornography may be found at www.ncmec.org
U.S. Export and Import Laws
Customers and End Users may not use SPCM's services to engage in
a violation of U.S. export and import control laws. Violation of these laws
may include selling products that may be legal to sell in the U.S., but
illegal to export; or legal to sell in one country, and illegal to sell in
the U.S. Customers may not use SPCM's services to provide services
to End Users with whom U.S. citizens may not do business.
More information about U.S. export laws may be found at
Customers and End Users should not assume that any information in SPCM's possession is confidential or will not be disclosed.
Customers and End Users should not assume that they will receive notice of
subpoenas and requests for information related to their accounts.
SPCM owns IP numbers and addresses assigned to customers. SPCM may, in its sole discretion, change these numbers. These numbers
may not be transferred to another provider.
Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about SPCM's
customers, and/or their use of SPCM's services, are required to
submit a subpoena, or other similar document, pursuant to which SPCM is required by law to produce this information (Subpoena). Unless
specifically required by law and so clearly communicated to SPCM,
the Subpoena will be transmitted to SPCM's Customer.
Civil demands for information, such as discovery requests and similar
demands (Civil Demands), must be part of a filed and pending litigation
matter. Responses to Civil Demands are at SPCM's discretion.
Responses are subject to a response fee of $250 per hour. SPCM does
not honor requests from civil litigants to limit or to pre-approve response
expenses. Civil litigants are encouraged to contact SPCM prior to
serving Civil Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
8605 Santa Monica Blvd #25273
Los Angeles, California 90069 USA
Under no circumstances may SPCM's systems be used to gain access
or deny access to a system or attempt to gain or attempt to deny access to
a system without the permission of the system's owners (or rightful
Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume
the resources of a system in order to reduce its ability to serve its
Under no circumstances may SPCM's systems be used in DoS
Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause detrimental effects to other users
and/or the network, and, in extreme cases, may have DoS attack like
Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1
packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher
pps to bandwidth ratios will result in immediate service termination with
no grounds for reinstatement. Furthermore, Customer will be liable for a
minimum fine of \$500 per hour that the pps ratio is exceeded, or greater
based on the scope of the effect on other users and/or the network.
Probes and Scans
A probe is a connection made to a computer in order to determine if it has
a security vulnerability (for example, testing a mail relay to see if it
allows third party relay). This also includes un-authorized security
testing of any system or network.
A port scan is making multiple attempts to connect to a computer on
different ports in order to determine the services it provides.
A sweep is a series of attempts to connect to multiple network addresses
in order to determine whether they are in-use, providing a specific service
or to map a network's topology.
Spoofing is faking the details of a connection in order to make it appear
to come from a different computer, organization or individual without their
Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express
permission of the owners of those systems is prohibited, and may be
reported to law enforcement agencies.
SPCM reserves the right to use probes, port-scans, sweeps and
spoofing on any system connected to the SPCM network in the course
of performing security assessments and threat management.
Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be
rectified as soon as possible. SPCM reserves the right to
disconnect an infected customer if damage to other servers or third parties
cannot be avoided otherwise. Notification will be sent if a disconnection
is necessary, but there may be no delay between notification and
Generally The Internet is a robust source for communication between
individuals and entities. SPCM supports the use of E-mail for
legitimate communications in a manner that is generally accepted. The use
of E-mail for unsolicited bulk E-mails is not generally accepted. The use
of SPCM's services to transmit this type of E-mail is specifically
prohibited by this AUP. While differences of opinion may exist on what type
of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, SPCM's Customers and End Users are required to abide by the definitions
and restrictions in this AUP, regardless of whether a particular type of
E-mail communication is permissible by law or other regulation.
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20
Commercial E-mail is any E-mail message, the primary purpose of which, is
the commercial advertisement or promotion of a commercial product or
service, including Content on a web site, which is operated for a
commercial purpose, or which has as its primary goal, a commercial
SPCM's services may not be used to send UBE and UCE (a.k.a.
SPCM's systems may not be used to send Unsolicited Bulk E-mails
(UBE) or Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE
promoting or advertising domain names, URIs or E-mail addresses hosted by
See RFC2635 for more information on spam.
Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on
any public bulletin board system or web site unless it is expressly allowed
on that system or web site. Complaints will be handled the in the same
manner as UBE and UCE complaints.
Bulk Mailing Through SPCM
SPCM's mail servers are the only servers designed to send Bulk
E-mail using the mailing list system that may be part of the subscribers
account. Sending Bulk (or Broadcast) E-mail through or from any SPCM owned server, that is not expressly designed to handle mailing
lists, is strictly prohibited. This specifically includes but is not
limited to SPCM web servers running any operating system or
combination of server software. Violations of this policy may lead to
sanctions permanently or temporarily inhibiting the ability to send any
mail from those servers or total account termination at SPCM's
Mail Bombing is sending more than 10 substantively similar E-mails to the
same recipient in any 24-hour period.
SPCM's systems may not be used to engage in Mail Bombing.
Usenet is a distributed hierarchy of publicly accessible forums primarily
defined by RFC1036.
Prohibited Services & Protocols
IRC related programs, including, but not limited to, clients, bots, and
servers, may not be run using SPCM's services for any purpose,
with the exception of a single connection to Freenode or a similar network
on request, for personal purposes only. Please open a support ticket to
request an exception.
Customers may not make use of the multicast protocol unless they have a
written and signed exemption to this rule from SPCM. Customers
using the multicast protocol without prior written authorization will be
billed up to \$500 per hour that multicast is used.
You may not intentionally use your service to run any process that makes use
of "unused" CPU. This includes but is not limited to Bitcoin mining, SETI@Home
Customers may not make use of proxy servers that are not protected by a
username and/or password or restricted to specific IP addresses to make
indirect network connections to other network services. This includes, but
is not limited to, SOCKS proxies, Web proxies, Network address translation
(NAT) proxies, Web-based proxy servers and open SMTP relays.
Without prior permission you may not use our service to set up services
for the sole purpose of reverse proxying or providing data from non SPCM locations using your SPCM service. This includes but is not
limited to reverse proxies, CDN services, TOR or other anonymous network
services, or services that draw or offload denial of service attacks using
the SPCM Network.
VPN & Anonymous Services
You may not make use of SPCM services to provide any type of commercial
vpn, proxy or related service.
Unless previously agreed in writing, your account may be terminated immediately
without refund should you operate such a service.
If you are providing a service that facilitates any type of connection to another
network you must ensure you maintain current subscriber data and connection
information. Failure to comply will result in immediate account termination.
You are solely responsible for the activity and content related to your service.
SPCM expressly reserves the right to suspend or terminate, without
notice, all services for any customer who violates our terms and
conditions or for any other reason. The sub-sections in this section are
only presented as a guide to how complaints are normally handled.
Complaints about any violation or unacceptable activity may lead to suspension
or termination of any service or services offered by SPCM. No refunds
are provided for services terminated because of any violations of this AUP.
Where SPCM believes that that the violation was accidental or will not
be repeated, SPCM may, at its discretion, choose to re-enable services.
In these circumstances SPCM may also place restrictions or further conditions
on Customers use of SPCM's systems, require a formal undertaking from them
regarding their future conduct or require payment to cover costs incurred
by SPCM in dealing with the abuse incident.
In certain circumstances, SPCM may suspend a Customer's services
in the interests of preventing further abuse while SPCM
Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be
dealt with firmly by SPCM. Since it is true that complaints do come
in about UBE or UCE and the complainant is actually a valid subscriber
there is an allowance as follows: The responsibility lies on Customer to
make sure their mailing lists are kept up to date and clean of all
One or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period
Customer will be notified of those complaints with copies of the reported
E-mails. This one chance will be given to cease this activity, secure the
system from relaying/abuse, or unsubscribe those who filed the complaints.
In addition, SPCM reserves the right to perform an audit of the
customers server to determine the source of activity. At SPCMs sole
discretion a zero tolerance policy may be applied and the customers account
If UBE or UCE generates any additional complaints the account will be terminated
immediately. Notification will be sent after services are terminated.
Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or SPCM discovers an open relay or open proxy through the course of
business Customer will be notified after services are suspended.
Restoration of service will require written acknowledgement of the reason
for suspension and either:
1) An indication that the security issue will be remedied including how
this will be achieved; or 2) Customer pays SPCM to remedy the
security issue on the customer's behalf.
If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third
If any services consumed by a Customer, or End User, is found to be the
cause for any part of SPCM's network being blocked or
'blacklisted' by any third party in any way, SPCM reserves the
right to terminate some or all services offered by SPCM without
notice. It is the responsibility of Customers to be sure they and their
subscribers are not abusing our network and causing service problems for
Bit Torrent / File Serving Traffic
You may not use our service to host a bit torrent or any other type of
file transfer server that allows unrestricted access the public or
consumes a significant amount of traffic. Personal use and use for
downloading legitimate files is acceptable. If you are found to be using
this type of traffic your system may be disconnected with or without notice.