Acceptable Use Policy
Last Updated 8/7/2023
This Acceptable Use Policy (“AUP”) is attached to and made a part of the Order Form between ATS and Customer and outlines the specific limitations concerning the use of our Services. In the event of any conflict between the terms and conditions of the Order Form and the terms and conditions of this AUP, the terms and conditions of this AUP shall govern. Any breach of the provisions of this AUP shall also be deemed a breach of the entire Agreement. Please note that we may update this AUP at any time and at our sole discretion, and the latest version can be found at https://loudspot.com/contracts/aup/. You are responsible for monitoring this link and being aware at all times of the most up-to-date AUP. All capitalized terms used but not defined herein shall have the meaning ascribed to them in the Order Form.
If any external party wishes to question this AUP, report a violation, or present a notice in alignment with the Digital Millennium Copyright Act’s conditions, they may reach us at: American Technology Services, LLC, 2751 Prosperity Ave 6th floor, Fairfax, VA 22031, ATTN: Legal Department, Email: Info@LoudSpot.com, Phone: (888) 876-0302.
1. Legal Compliance; Prohibited Content. Our Services must not be used in a manner that violates any applicable law or regulation, including but not limited to laws prohibiting: copyright, patent, trademark, trade secret, or other forms of intellectual property rights infringement, abuse, or theft; dissemination of child pornography, child erotica, non-consensual sexual content (including promoting or aiding in sex trafficking), or bestiality; gambling; defamation, harassment, libel, or slander; fraud or deceptive advertising; and hacking, phishing, social engineering, or any unauthorized use or dissemination of harmful code or unauthorized use of any end user’s computational resources. Repeated infringement of intellectual property rights will lead to the termination of your right to use the Services in ATS’s sole discretion. Further, any content promoting violence, supporting sex trafficking, containing hate speech, violating a person’s privacy, constituting terrorism, trafficking weapons or other illegal items, or potentially causing backlash against ATS’s infrastructure, network, or personnel is strictly prohibited. The use of Services must comply with the export laws, controls, regulations, or sanction policies of the United States or your respective jurisdiction. The Services cannot be used by any individual or legal entity that is suspected or involved in: illegal gambling; terrorism; drug trafficking; arms trafficking; the proliferation, development, design, manufacture, production, stockpiling, or usage of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; or has any ties to entities supporting such activities.
2. High-Risk Usage. The Services may not be used in situations where such usage could lead to death or physical injury.
3. Unsolicited Mail. Responsible usage of the Services for email transmission is mandatory. Spamming or promoting spam via the Services is strictly forbidden and can lead to immediate account termination. We define spam as any email communication that violates the latest Federal Trade Commission regulations implementing the CAN-SPAM Act, or equivalent regulations for non-domestic end users. We may also impose limits on outbound messages if we determine that your usage threatens our network stability. In case of a breach of this section by spamming, an estimated damage fee of $500 per violation will be assessed; provided, however, that ATS may assess a higher or lower fee in its sole discretion based on the seriousness of the violation(s).
4. Handling of Regulated and Confidential Information. Operating an ecommerce site on our platform is allowed, provided you adhere to best practices that prevent the processing or storage of credit card information on our platform. Detailed information on these best practices can be found in this support article.1 The Services should not be used to process or store sensitive health or financial data, such as Protected Health Information (as defined under HIPAA), credit/debit card data protected under PCI DSS regulations, or other financial account details. We hold no liability for any consequences arising from the violation of this restriction.
5. Resource Overutilization. Any action that interferes with our operations or provision of Services to other customers, or that overburdens our network or systems, is not allowed. Specifically, providing open proxies or Internet Relay Chat or using the Services for video streaming is prohibited. If your usage considerably surpasses that of similar customers, we may suggest a different plan or charge additional fees. If you refuse, restrictions may be placed on your usage of the Services. Any vulnerability or penetration testing of ATS’s network or systems, including your own hosted environment, requires our prior written approval.
6. Security Obligations. Reasonable security measures are expected from you in your usage of the Services. You are liable for the actions and negligence of yourself and your authorized users, as well as anyone else to whom you grant access to the Services. Furthermore, you are liable for any and all content you, or any of your authorized users, generate while using the Services.
7. ATS Discretion. ATS shall have the sole discretion to determine whether you have violated any of the foregoing policies and whether or not to terminate your usage of the Services.