Red Rake Acceptable Use Policy
Services provided to you by Red Rake may be suspended or terminated in accordance with the Terms of Services for violation of Red Rake’s Acceptable Use Policy (“AUP”). You are responsible for violations of this AUP by you and by anyone using your Services, whether or not authorized by you. Red Rake may amend this AUP at any time to further detail or describe reasonable restrictions on your use of its Services. The AUP is posted here.
Inquiries regarding this AUP should be directed to:
Red Rake, LLC
Attn: Legal Department
5810 Ravina Court, Suite 220
Colorado Springs, CO 80919
You may not use Red Rake’s Services to send, share, or publish any content that is excessively violent or that incites or threatens violence, contains harassing content or hate speech, is unfair or deceptive such as chain letters and pyramid schemes, is defamatory or violates a person’s privacy, creates a risk to a person’s safety or health, compromises national security, interferes with an investigation by law enforcement, improperly exposes confidential or proprietary information of another person, is intended to assist others in defeating technical copyright protections, infringes on another person’s intellectual property, contains proxy scripts or anonymizers, promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking, is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Red Rake, or is otherwise malicious, fraudulent, or may result in retaliation against Red Rake by offended viewers.
You may not use the Services to publish directories, links or other information pointing to sites that contain content prohibited by this AUP.
Sell, Trade or Resell
If you sell, trade or resell the Services, either in whole or in part, your customers must comply with an acceptable use policy no less restrictive that this AUP.
Excessive Use of System Resources
You may not use the Services in a way that consumes a disproportionate amount of system resources. For example, you may not distribute software to the public, provide a public file download service or employ programs that consume excessive CPU capacity. Red Rake may suspend or terminate your Services for violation of this provision.
Bulk or Commercial E-Mail
You must obtain Red Rake’s advance approval for any bulk or commercial e-mail, which will not be given unless you are able to demonstrate, at a minimum, that your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given, you retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor the recipient’s and Red Rake’s requests to produce consent evidence within 72 hours of receipt of the request.
Red Rake may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not use Red Rake’s Services to engage in illegal, abusive, or irresponsible behavior, including:
1 – Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Red Rake and its customers) without express authorization of the owner of the system or network;
2 – Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
3- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
4 – Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
5- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
6 – Any conduct that is likely to result in retaliation against Red Rake’s network, including engaging in behavior that results in any server under your control being the target of a denial of service (DoS) attack.
Cooperation with Investigations and Legal Proceedings
Red Rake may, without notice to you, report to the appropriate authorities any conduct by you and your customers that it believes violates applicable law, and provide any information it has about you in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Applicable Law Compliance
You must use the Services in a manner that complies with applicable law.
You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and you may not provide access to the Services to any person (including any natural person, business entity or government entity) that is located in or is a national of any embargoed country which are Balkans, Burma, Cote d’Ivoire (Ivory Coast), Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, or Zimbabwe as of February, 2006.
Red Rake is under no duty, and does not by this AUP undertake a duty, to monitor or police your activities and disclaims any responsibility for any misuse of Red Rake’s Services. Red Rake has no obligation to any person who has not entered into an agreement for Services.
September 11, 2020