This Acceptable Use Policy (“AUP”) governs the use by any individual or entity (the “User”) of products and/or services provided by Evocative, LLC and its affiliates (“EvoDC”)
User shall not use, or permit use of, any products or services provided by EvoDC, or any other technology or other property or service of EvoDC to which User is provided access (collectively, “EvoDC Property”) except as expressly permitted by EvoDC, and shall fully comply with all applicable laws, rules and regulations in User’s use of EvoDC Property. Under no circumstances shall User use any EvoDC Property for any illegal, disruptive, damaging, offensive, intrusive or abusive purpose (as determined by EvoDC).
Without limiting the generality of the foregoing, User shall not use any EvoDC Property to upload, post, distribute, transmit, disseminate, or otherwise make available any data, information or materials (including without limitation software and email communications) that:
In using EvoDC Property, User must comply with all applicable requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and the Telephone Consumer Protection Act. Under no circumstances may any EvoDC Property be utilized to transmit or distribute unsolicited bulk email (“UBE” or “spam”). Likewise, the sending of UBE from another service provider advertising a website, email address, services, or utilizing any resources hosted on any EvoDC network or server is prohibited. User must maintain an abuse role account email address, i.e. “moc.niamod@esuba.” This address should be exempt from spam filtering and will be used as EvoDC’s point of contact for communicating violations of this paragraph.
User shall not disable, disrupt or interfere in any way with any other EvoDC customer’s use of or access to any EvoDC Property.
User shall not attempt to overwhelm any EvoDC Property or otherwise take any action that imposes an unreasonable or disproportionate large load on any EvoDC Property. In the event an excessive amount of EvoDC resources is utilized by User, EvoDC may, in its sole discretion, place limits on User’s utilization.
User shall not take any action that may result in retaliation against any EvoDC or EvoDC Property, including any network thereof, including taking any action that results in any EvoDC server or IP address being targeted for a denial of service attack.
User shall not attempt to gain unauthorized access to, or tamper with, the account, network, software or other data, information, materials or other property of any other EvoDC customer or EvoDC, or to otherwise circumvent any security measures implemented by EvoDC.
User shall not use any EvoDC Property to impersonate EvoDC or any other individual or entity (including by adding, deleting or altering header information of any messages transmitted over any EvoDC network) or otherwise misrepresent User or User’s association or relationship with EvoDC or any other individual or entity or commit any form of forgery.
User shall not eavesdrop on or otherwise monitor data or traffic on any EvoDC Property (including any EvoDC network) by other EvoDC customers without the prior authorization of such customers.
User shall not use any EvoDC Property to harvest email addresses or otherwise gather, collect, distribute or use email addresses or other personally identifiable information (e.g., phone numbers, Social Security numbers, credit card numbers), without the prior authorization of the person identified.
In addition to any other remedies to which EvoDC may be entitled for breach by User of this Acceptable Use Policy, in the event of violation by User of this Acceptable Use Policy, EvoDC may (but is not obligated to), with or without notice to User:
In no event shall EvoDC be liable to user for liability of any kind suffered by user or any other person arising in whole or in part from EvoDC’s exercise of its rights under this acceptable use policy.
EvoDC reserves the right to modify this Acceptable Use Policy from time to time, in its sole discretion, and the modified Acceptable Use Policy shall be effective upon posting the modified Acceptable Use Policy on this website. Any use of EvoDC Property following such posting of the modified Acceptable Use Policy shall constitute acceptance of such modified Acceptable Use Policy.
If User believes any of User’s property has been posted, distributed, transmitted or stored using any EvoDC Property in violation of User’s copyrights or other intellectual property rights, please submit the written information specified below:
This procedure is exclusively for notifying EvoDC that User’s intellectual property rights have been infringed.
EvoDC’s agent for notice of claims of copyright infringement or other intellectual property infringement via use of any EvoDC Property can be reached as follows:
Evocative, LLC. 1400 65th Street Suite 150 Emeryville, CA 94608 USA