By Logix Inc.
Acceptable Usage Policy

Last Modified (Sept 30 2008)

Introduction
The Acceptable Use Policy (as amended, modified or supplemented at any time as set forth on By Logix Inc.'s website, this 'AUP') of By Logix Inc. is designed to (i) protect By Logix Inc.'s customers, users of By Logix Inc.'s website, Products and Services, By Logix Inc. software and physical infrastructure and third parties, (ii) further compliance with all relevant laws and regulations, (iii) promote the security and availability of By Logix Inc.'s website, By Logix Inc. Network and physical infrastructure and (iv) regulate and restrict the use of all products and services (including, but not limited to the Products and Services) provided by By Logix Inc., its website, By Logix Inc. software and its physical infrastructure. This AUP applies to each user that subscribes for By Logix Inc. Services ('Clients'), all users of By Logix Inc. Services and all users that access or utilize By Logix Inc.'s website, By Logix Inc. software or its physical infrastructure, whether or not such users are customers of By Logix Inc., including the customers of our Clients ('Third Party Users'). The term 'User' as used in this AUP means both Clients and Third Party Users.

This AUP is incorporated by this reference into each Client's Terms of Service and Service Level Agreement. This AUP should be read in conjunction with By Logix Inc.'s Terms of Service, By Logix Inc.'s Service Level Agreement and By Logix Inc.'s Privacy Policy. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service, the SLA or the Privacy Policy, as applicable. Client's use of By Logix Inc'.s website, By Logix Inc. Software, and/or the Products and Services is also subject to Client's acceptance and compliance with the Terms of Service, the SLA and this AUP. Current copies of By Logix Inc.'s Terms of Service, SLA and Privacy Policy may be reviewed or printed by Client at the Legal section of By Logix Inc.'s website. CLIENT HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE TERMS OF SERVICE, THE SLA AND THIS AUP. By Logix Inc. reserves the right to amend or modify this AUP at any time, and a User's use of By Logix Inc. Services, By Logix Inc.'s software and physical infrastructure after changes to the AUP are posted on the legal department page of By Logix Inc.'s website (www.bylogix.com) will constitute the User's acceptance of any such amendments or modifications.

Clients are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorized or not by a Client or by By Logix Inc.. Clients must take all reasonable steps to ensure that their customers and users will comply with this AUP.

This AUP does not (a) obligate By Logix Inc. to monitor, review, or police the data and content residing on By Logix Inc. Network or (b) create any obligation or duty of By Logix Inc. to any party that is not a Client, including, but not limited to, any Third Party User. Unless and until notified, By Logix Inc. is not likely to be aware of any violations of this AUP or any violations of law. By Logix Inc. expects all Users to notify us of any violations of law or violations of this AUP. BY LOGIX INC. EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON By Logix Inc. SOFTWARE OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.

Prohibited Content
Users shall not allow the posting, transmission, or storage of data or content on or through By Logix Inc. Services, By Logix Inc. software or its physical infrastructure which, in By Logix Inc.'s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process ('Applicable Law'). Users shall be responsible for determining which Applicable Laws are applicable to their use of By Logix Inc. Services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this AUP or (b) 'harvested' addresses or information, (c) 'phishing' websites, or (d) 'spamvertising' sites.

A User shall not knowingly host on its website, use By Logix Inc. Services or transmit via By Logix Inc. software, any material believed by By Logix Inc. to constitute child pornography. In addition to any other actions it may take under this AUP, By Logix Inc. reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography or an alleged violation of Applicable Law.

Users' Security Obligation
Users must use reasonable care to ensure the security of each website, By Logix Inc. software and its physical infrastructure. A Client is solely responsible for any intrusions into, or security breaches of, any of its websites, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Client. By Logix Inc. reserves the right to disconnect without refund or the provision of service credit any Servers which disrupt By Logix Inc. software or any hardware objects on the network as a result of a security compromise.

Network Abuse
Users are prohibited from engaging in any activities that By Logix Inc. determines, in its sole discretion, to constitute network abuse, including, but not limited to, the following:
  • 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 the Client's 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 other than the Client's host, 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.
  • 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.


For your convenience, a list of Prohibited Activities is included at the end of this document. All Users are encouraged to review this list to ensure compliance with this AUP. If you believe that a violation of this AUP has occurred please review the information at the Legal section which contains important information concerning the reporting of potential violations.

Intellectual Property Infringement Policy

Users may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server, By Logix Inc. software or its physical infrastructure any information, data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. By Logix Inc. has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998. For your convenience, information concerning procedures for making claims of copyright infringement for purposes of Title 17, Section 512, of the United States Code is contained at the Legal section of our website. If any Client or Third Party User, including those that are customers of our Clients, repeatedly violates By Logix Inc.'s Intellectual Property Infringement Policy, any copyright law or any other intellectual property right, By Logix Inc. reserves the right to (i) suspend permanently or terminate By Logix Inc. Services of such Client and/or (ii) suspend permanently or terminate the access to By Logix Inc. Services, By Logix Inc. software or its physical infrastructure by such Third Party User.

E-mail and Anti-Spamming Policy

Users may not (i) send unsolicited bulk messages over the Internet (i.e., 'spamming'), (ii) create 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 (i.e., 'splogs') or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., 'spamming blogs'). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Mass Mailings - Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to By Logix Inc. upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, By Logix Inc. will consider the mass mailing to be unsolicited.

Mailing Lists - Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to By Logix Inc. upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, By Logix Inc. will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:
  • Use of By Logix Inc. Servers or software 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.
  • Hosting web pages advertised within 'spam e
  • mail' sent from another network ('spamvertising').
  • Creating and/or modifying 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 any Client or any Third Party User that is a customer of our Client uses By Logix Inc. Services, By Logix Inc. software or its physical infrastructure in a manner that causes By Logix Inc. to be 'blacklisted' or blocked, By Logix Inc. reserves the right to (i) suspend permanently or terminate By Logix Inc. Services of such Cleint and/or (ii) suspend permanently or terminate the access to By Logix Inc. Services, By Logix Inc. Network or its physical infrastructure by such Third Party User. Operating By Logix Inc. Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP. Block Removal - If, as a result of a Client's actions, By Logix Inc.'s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, By Logix Inc. shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.

Legal Investigations

Users will cooperate and comply with any civil or criminal investigation regarding use of By Logix Inc. services, software or its physical infrastructure or content located on its servers or transmitted using By Logix Inc. services, software or its physical infrastructure, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an 'Investigation'). By Logix Inc. may charge a User or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with By Logix Inc.'s compliance with any Investigation. By Logix Inc. reserves the right to comply with any Investigation without notice to a User. Clients shall not be entitled to a refund or any service credits, and By Logix Inc. shall not be in default under any agreement for By Logix Inc. Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Servers. By Logix Inc. also reserves the right to disclose information relating to Users and their use of By Logix Inc. services, software or its physical infrastructure or information transmitted, owned by or stored by or on behalf of any User, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by By Logix Inc. in its sole discretion.

Violations of AUP

By Logix Inc. may enforce this AUP, with or without notice to a User, by any action it deems reasonable, in its sole discretion. In addition to the remedial provisions provided elsewhere in this AUP, By Logix Inc. may:

  • Disable access to a User's content that violates this AUP.
  • Suspend or Terminate a User's access to By Logix Inc. services, software or its physical infrastructure.
  • Remove DNS records from Servers.
  • Remove Website from Servers.
  • Block mail or any other network service.
  • Effect IP address null routing.
  • Take legal action against a User to enforce compliance with this AUP.

Reporting Violations:

If there is a violation of this AUP direct the information to the Abuse Department at abuse@bylogix.com. If available, please provide the following information:

The IP address used to commit the alleged violation.

The date and time of the alleged violation, including the time zone or offset from GMT.

Evidence of the alleged violation. E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. By Logix Inc. may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings.
  • Suspend the User's account.
  • Terminate the User's account.
  • Bill the User for administrative costs and/or reactivation charges.
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.


If any User uses By Logix Inc. Services, By Logix Inc. Software or its physical infrastructure in a manner that exposes By Logix Inc. to potential liability, as reasonably determined by By Logix Inc., By Logix Inc. may suspend permanently or terminate the access to By Logix Inc. Services, By Logix Inc. Software or its physical infrastructure by such User. The remedial actions set forth in this AUP shall not be construed in any way to limit the actions or remedies that By Logix Inc. may take to enforce and ensure compliance with this AUP. By Logix Inc. reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a User's violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP. By Logix Inc. reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server, By Logix Inc. Network or its physical infrastructure.

Prohibited Activities

  • forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message;
  • creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  • hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
  • soliciting the performance of any illegal activity, even if the activity itself is not performed;
  • threatening bodily harm, or encouraging bodily harm or property destruction;
  • harassing another, or encouraging harassing behavior;
  • engaging in outright fraud, or using services to engage in scams like pyramid schemes;
  • collecting personal information about others without their knowledge or consent;
  • instructing others in prohibited activities;
  • using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
  • acting in any manner that might subject By Logix Inc. to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect By Logix Inc.'s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
  • creating 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.
  • sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.