This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Surge Marketing under any ongoing agreement. It’s designed to protect me, my customers and the general Internet community from unethical, irresponsible and illegal activity.
Surge Marketing customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, I may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on 6 May 2021.
Fair use
I provide my facilities with the assumption your use will be “business as usual”, as per my offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.
I am opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. I expect my customers and, where applicable, their users (“end-users”) to likewise engage my Products with similar intent.
Customer accountability
I regard my customers as being responsible for their own actions as well as for the actions of anyone using my Products with the customer’s permission. This responsibility also applies to anyone using my Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products from me, my customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using my Products as a result of the customer — violates my acceptable use policy, I reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action I deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of my acceptable use policy.
Prohibited activity
Copyright infringement and access to unauthorised material
My Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
- any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
- any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on my Products, and for obtaining legal permission to use any works included in such material.
SPAM and unauthorised message activity
My Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
My Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by my Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
I prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on my Products.
This spam and unauthorised message activity policy applies to messages sent using my Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via my Products.
Unethical, exploitative, and malicious activity
My Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.
My Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
My Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into my Products and systems.
My Products must not be used for purposely engaging in activities designed to harass another group or individual. My definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.
Other activities considered unethical, exploitative and malicious include:
- Obtaining (or attempting to obtain) services from me with the intent to avoid payment;
- Using my facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
- The unauthorised access, alteration or destruction (or any attempt thereof) of any information about my customers or end-users, by any means or device;
- Using my facilities to interfere with the use of my facilities and network by other customers or authorised individuals;
- Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
- Any act or omission in violation of consumer protection laws and regulations;
- Any violation of a person’s privacy.
My Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to 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; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Unauthorised use of Surge Marketing property
I prohibit the impersonation of Surge Marketing, the representation of a significant business relationship with Surge Marketing, or ownership of any Surge Marketing property (including my Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.
About this policy
This policy outlines a non-exclusive list of activities and intent I deem unacceptable and incompatible with my brand.
I reserve the right to modify this policy at any time by publishing the revised version on my website. The revised version will be effective from the earlier of:
- the date the customer uses my Products after I publish the revised version on my website; or
- 30 days after I publish the revised version on my website.
