Acceptable Use Policy

Last Updated: February 21, 2025

By using True Synergy Networks’ products and services (“True Synergy Networks,” “our,” “us,” or “we”), you (“you,” “your,” or “Customer”) agree to comply with our policies. The True Synergy Networks’ Acceptable Use Policy (“AUP”) governs the use of services provided by True Synergy Networks and its affiliates, and is incorporated by reference into each Master Service Agreement and/or Service Order. Your use of our products and services is subject to your acceptance and adherence to this AUP. We reserve the right to modify or amend this AUP at any time and will post any changes on our website at www.truesynergynetworks.com. You will be notified in writing of any material changes to the AUP.

You are responsible for complying with this AUP and for violations attributable to your customers and users, whether authorized or not by you or by us. You must take all reasonable steps to ensure that your customers and users comply with this AUP. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS AUP. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Interpretation

The provisions of this AUP serve as guidelines and are not intended to be exhaustive. In general, any conduct that violates laws, regulations, or accepted norms of the Internet community—whether or not explicitly mentioned in this AUP—is prohibited. We reserve the right to prohibit activities that may harm our or our affiliates’ commercial reputation and goodwill at any time. We will be the sole and final authority in determining what constitutes a violation of our policies.

Security

Violations of our system or network security are prohibited and may result in criminal and civil liability. Our servers and networks may not be used for:
– Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
– Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
– Executing any form of network activity that will intercept data not intended for your server.
– Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
– Interfering with or denying service to any user, host, or network, such as a denial of service attack or distributed denial of service attack.
– Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
– Making available any software, program, product or service designed to violate this AUP.
– Soliciting the performance of any illegal activity, even if the activity is not performed.
– Using any program or sending messages of any kind, designed to interfere with or disable a user’s terminal session.

The preceding list provides examples and is not an exhaustive list of prohibited activity. If you are aware of or believe that a violation of this AUP has occurred, please contact us and report the violation.

Spamming

You may not:
– Send unsolicited bulk messages over the Internet (spamming).
– Create a fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (splogs).
– Send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (spamming blogs).

All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.

Users may not send mass unsolicited email, which refers to email sent to recipients who have not “opted-in” to receive mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide these records to True Synergy Networks upon request. If a user cannot provide verifiable proof of such consents and opt-ins, we will consider the mass mailing unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily opted in or made their email addresses available for information distribution. Mailing lists must allow recipients to remove themselves automatically and permanently. Additionally, other activities, including but not limited to, are also prohibited:
– Use of our network for the receipt of replies to unsolicited mass e-mail.
– Forgery of e-mail headers (spoofing).
– Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
– Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
– Hosting web pages advertised within “spam email” sent from another network (spamvertising).
– Hosting web pages or providing services that support spam.
– Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
– Instructing others in any activity prohibited by this AUP.

If you or any user associated with your account uses our products or services in a way that causes us, our affiliates, or customers to be “blacklisted” or blocked, we reserve the right to:
– Suspend or permanently terminate your True Synergy Networks services.
– Or suspend or permanently terminate your access to True Synergy Networks services.
Using our products or services on behalf of, in connection with, or reselling to individuals or entities listed in the Spamhaus Register of Known Spam Operations database (https://www.spamhaus.org) will be considered a violation of this AUP.

Violations & Enforcement Consequences

When we become aware of a violation or alleged violation of this AUP, we will initiate an investigation. During this investigation, we may restrict the customer’s access to prevent further unauthorized activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate the customer’s account and/or pursue other civil remedies. If the violation constitutes a criminal offense, we will notify the appropriate law enforcement agency. We also reserve the right to disclose information regarding your use of our products and services if it is necessary for an investigation or to prevent death or bodily harm to any individual, as determined by us in our sole discretion. We do not provide service credits for disruptions caused by policy violations, and we will not be in default for disabling services due to such violations. You will be liable for all costs and expenses incurred as a result of an investigation into your prohibited use of our products and services.

You agree to cooperate and comply with any investigation related to this AUP or the use of our products or services. This includes, but is not limited to, complying with discovery orders, subpoenas, freeze orders, search warrants, information requests, wiretaps, electronic intercepts and surveillance, preservation requests, and any other orders from a court, government entity, or regulatory agency.

We reserve the right to suspend or terminate your Services or your access to the Services if we, in our sole discretion, determine that you or a third party through you engage in conduct that violates this AUP or is otherwise illegal or improper. While we generally attempt to notify you of any activity we consider to be in violation of this AUP and request corrective actions, in cases where the operation of True Synergy Networks’ network is threatened by you or a third party through you, or in cases involving unsolicited commercial email (SPAM), a pattern of violations, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, suspected fraud, harassment, or copyright infringement, we reserve the right to suspend or terminate your Services or access to them without prior notice. In addition to the remedial actions outlined in this AUP, we may take further actions as necessary:
– Disable access to your content that violates this AUP.
– Suspend or terminate your access to our products and services.
– Remove DNS records from servers.
– Block mail or any other network service.
– Null route the Customer data pipeline upstream to True Synergy Networks’ edge routing infrastructure.
– Take legal action against you to enforce compliance with this AUP.

Any suspension, termination or other legal, remedial, or enforcement-related action taken as a result of a violation of this AUP by you or a third party through you shall not relieve you of the obligation to pay all outstanding fees.

Illegal Use

Our products and services may only be used for lawful purposes. The transmission, distribution, or storage of any material in violation of applicable laws or regulations is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secrets, or other intellectual property rights used without proper authorization, as well as material that is obscene, indecent, harassing, abusive, threatening, unlawful, or violates export control laws.