Account Terms of Service | LinkSecured LLC

Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, LinkSecured.net offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. LinkSecured.net respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, LinkSecured.net reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, LinkSecured.net has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing the LinkSecured.net Network. This AUP will be revised from time to time.

Customer’s use of LinkSecured.net Services after changes to the AUP are posted on our web site, LinkSecured.net, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that LinkSecured.net cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise their best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.

Because LinkSecured.net cannot monitor or censor the Internet, and will not attempt to do so, LinkSecured.net cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that LinkSecured.net does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over network and may reach a large number of people, including both subscribers and nonsubscribers of LinkSecured.net, subscribers’ postings to the Internet may affect other subscribers and may harm LinkSecured.net’s goodwill, business reputation, and operations. For these reasons, subscribers violate our policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”).
Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. LinkSecured.net is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.
Obscene Speech or Materials — Using the LinkSecured.net network to advertise, transmit, store, post, display, or otherwise make available child pornography. LinkSecured.net is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network.
Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (e.g., port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups — LinkSecured.net reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities — engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities — Engaging in activities, whether lawful or unlawful, that LinkSecured.net determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. LinkSecured.net will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with policy or applicable law. When LinkSecured.net becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or taking any other action it deems appropriate. LinkSecured.net is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching LinkSecured.net facilities from those subscribers may have originated from a customer of the subscriber or from another third party. LinkSecured.net does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. LinkSecured.net has the right to directly take action against a customer of a subscriber. Also, LinkSecured.net may take action against the subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, LinkSecured.net anticipates that subscribers who offer Internet services will cooperate with LinkSecured.net on any corrective or preventive action that LinkSecured.net deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of LinkSecured.net policies.

LinkSecured.net is also concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, LinkSecured.net urges its subscribers to assume that all of their online communications are insecure. LinkSecured.net cannot take any responsibility for the security of information transmitted over the network.

LinkSecured.net will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law or governmental authority. LinkSecured.net may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, LinkSecured.net may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. LinkSecured.net assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

LinkSecured.net expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate LinkSecured.net policy. Finally, LinkSecured.net wishes to emphasize that in signing the service agreement, subscribers indemnify LinkSecured.net for any violation of the service agreement, law, or LinkSecured.net policy that results in loss to LinkSecured.net or the bringing of any claim against LinkSecured.net by any third party. This means that if LinkSecured.net is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against LinkSecured.net, plus costs and reasonable attorneys’ fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including LinkSecured.net and its subscribers, as responsible members of the Internet.

Account Suspension / Termination Due to Spam Complaints

LinkSecured Networks has a “ZERO TOLERANCE” policy regarding spam.

A spam complaint is recorded when one of your recipients reports your email as spam. Complaint rates are monitored through our system and calculated as a percentage of all the delivered emails for a single campaign.

As an Internet Service Provider (ISP) it’s our job to stop potential issues which can damage the reputation of our sending IPs, or the application itself. If enough of our customers are reported as spammers, we can be added to blacklists, which makes deliverability harder for everyone.

First Warning: LinkSecured.net will send an initial warning to inform you which email and IP address the spam complaint refers to, as well as provide advice to help you address the situation within 24 hours of initial notice.

Second Warning: If complaints continue to be received and you have failed to respond back to our initial email, your service will be immediately suspended and/or terminated, and you will need to contact support.

We recommend reviewing your email marketing program even after a first warning email, because if complaints result in account suspension, you’ll need to work with our compliance team to help investigate the situation before we can allow you to start sending again. We understand that even legitimate senders can get complaints. Provided you are doing the right thing and complying with terms of service, don’t be alarmed if you get a warning email from us. We’re here to help.

Account access during suspension

During an account suspension you will still be able to access your account (after you have contacted support) for review; for example, to view reports or export subscriber lists, but sending will is disabled. This includes sending of journey emails, or transactional emails, which will be paused until your account is reactivated.

If your account is suspended we will have already emailed you, or the primary contact for your account, with instructions on how to proceed. A suspension does not mean that you are a spammer, but it does indicate significant problems with your email marketing program that need to be addressed.

Here are some things our compliance team will require from you to review the case:

- The email campaign itself, to determine if it has clear relevance to its recipients.
- As much detail as you can provide about the email and the list or lists it was sent to. Information about how people opted-in is essential.
- Evidence that you have followed our permission guidelines and Terms of Service.

If you have truly made every effort to follow the rules we can re-activate accounts in many cases.

LinkSecured Networks