ACCEPTABLE USE POLICY

All customers and users (you, your) of the services and products provided by or through Everleap (Everleap, we, us, our) agree to comply with this Acceptable Use Policy (AUP) – it is part of your contract with us. Your use of the Everleap services and products constitutes your acceptance of this AUP.

This AUP reflects the possible uses of our products and services at the time it was drafted. This AUP is not static. Updating and enhancing these products and services, along with changes in the way these products and services may be used, requires us to update our AUP from time-to-time. The most current AUP will always be posted here. It is your responsibility to check this site often to be aware of the most current policy. If we change this AUP in a material manner, we will provide you with notice via email.

1. Accurate Information.

You are required to provide us with accurate information. This requirement includes information you provide to us during sign up, in communications with us, through trouble tickets and in our control panel. Failure to provide us with accurate information is a material breach of this contract and, if not cured within the time set out in your Terms of Service (TOS), will lead to Termination. We have no liability for losses incurred by you resulting from your failure to keep your information accurate and current.

2. Use of our Products and Services.

Our products and services may only be used for: (i) legal purposes; and (ii) those purposes that are generally accepted by the Internet community at the time we contact you. It is your obligation to monitor your use. We have the right, in our sole discretion, to refuse to provide the products and services based on your prohibited activities. Based on the evolving nature of the Internet, it is not possible for us to list all prohibited activities here. This AUP should be used as a baseline to determine whether a particular use is permitted, but there may be uses not explicitly set out here that are still unlawful or unauthorized by us. We will contact you by email should you violate this AUP. You will be given an opportunity to cure this violation. If the violation endangers the products and/or services, or our other customers, we may immediately suspend you. If you fail to take the actions set out in our email, within the time period set out in it, we may terminate your account.

The Power Pack add-on provides your websites or web applications with a boost in resources. However, the unlimited bandwidth included in the Power Pack does not mean unlimited use. We do not host sites whose purpose is to exploit our bandwidth and those sites whose resource usage endangers Everleap's ability to provide Services to other customers. We consider such sites as exceeding Fair Use and we will take corrective action as outlined in our TOS.

2.1 Use of our Products and Services in email.

All use of our products and services to facilitate email transmission must comply with the CAN-SPAM Act of 2003. For the purpose of this AUP, “unsolicited commercial email” is defined as any mass communication email sent to a given list of addresses for which the owners have not given express permission. In addition to complying with the CAN-SPAM Act, you may send out no more than 1,000 emails per hour, and no more than 5,000 emails in a 24-hour period (measured from 12:00 a.m. PST). To ensure that customers, senders and recipients of email are using our products and services in a responsible fashion, and not endangering our network or the ability of other customers to use our products and services, we may filter and block email. Customers who violate this paragraph 2.1 will be charged a $500 fee for each violation.

In addition, use of our products and services in the following email activities is strictly prohibited:

2.1.1. Transmitting material prohibited by law;
2.1.2. Receiving or collecting responses to SPAM or other unsolicited commercial email; and
2.1.3. Functioning as a linked site listed in SPAM or other unsolicited commercial email.

To report violations of this paragraph 2.1, please contact: [email protected]

2.2 Intellectual Property Protection

2.2.1 Copyright

We are governed by the Digital Millennium Copyright Act (DMCA). If you believe that our customer has infringed your copyright, you are required to comply with all provisions of the DMCA, including its rules on proper notice. We do not provide advice on the formalities inherent in a DMCA notification. If you have reviewed the DMCA, and understand its provisions, you may submit your DMCA notice to our designated agent at:

Everleap
DMCA Notice
Attn: Takeshi Eto
417 East Huntington Drive
Suite 200
Monrovia, CA 91016

2.2.2 Other intellectual property

Our products and services must be used in a manner that respects the intellectual property rights of others. You are in material breach of the TOS if we determine that you are infringing the intellectual property rights of others, or have otherwise violated their intellectual property rights. If this infringement is not cured within the time set out in our TOS, the TOS will be terminated. If you believe that our products and/or services are being used in a manner that infringes your intellectual property under U.S. law, you may contact us at the address at the end of this AUP.

2.3 Content

You are responsible for the content you upload or transmit using our products and services. You agree to indemnify and hold us harmless for any claim made against us based on that content, according to the terms of our TOS. If you do not respond to our requests to remove or disable content that is in violation of this AUP, or any of our other polices, we reserve the right to do so. We have no liability whatsoever for damages that result when we take action based on this paragraph 2.3. Customers who violate this paragraph 2.3 will be charged a $500 fee for each violation.

The following list of prohibited activities is not exhaustive, but is intended as a guide for your use of our products and services:

2.3.1. Hosting or transmitting pornographic material;
2.3.2. Hosting or transmitting child pornography, child erotica or material depicting bestiality, or written descriptions of any of these activities;
2.3.3. Importing or exporting any material prohibited by U.S. law;
2.3.4. Facilitating or advertising gambling, or any facsimile of gambling;
2.3.5. Facilitating, encouraging or providing assistance to any activity that engages in hacking, spreading viruses or compromises security;
2.3.6. Facilitating, encouraging or providing assistance to any activity that engages in defamation, slander, hate speech or any similar act;
2.3.7. Monitoring the communications of others, including, but not limited to, sniffing;
2.3.8. Violating the intellectual property rights of others;
2.3.9. Actions that might subject us to unfavorable regulatory action, liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion;
2.3.10. Soliciting the performance of or directly facilitating any illegal activity;
2.3.11. Instructing others in prohibited activities; and/or
2.3.12. Undermining the stability of our network, our other customers, or the Internet as a whole.
2.3.13. Storing a large archive of images, audio files, multimedia files, backups within the hosting account.
2.3.14. Collecting or harvesting or permitting anyone else to collect or harvest any Personally Identifiable Information (PII) about any User or entity without their express consent.

2.4 Community Forum

Everleap has created a number of forums to allow Customers, End Users and third parties to discuss issues related to the Services provided by Everleap and any components or their technologies (Forums). Participation in the Forums is voluntary. Everleap reserves the right, at its sole and exclusive discretion, to monitor, edit, and delete postings and ban users. Forums are subject to the disclaimers of warranty and limitation of liability contained in our TOS, and at all times are provided “as is” and “with all faults.” Everleap makes no, and expressly disclaims any, warranties related to the Forums themselves or to the content therein. Use of the Forums, and reliance on any information therein, is at Customer's own risk.

3. Use of Secondary URL

If we provide you with an Secondary URL and determine, in our sole discretion, that you are misusing this URL, we shall contact you and request that you terminate the URL within 24 hours. Failing to comply with this request shall result in immediate termination of your URL by us.

4. IP Addresses

The IP addresses we assign to you are the only IP addresses you may use in connection with our services. We own these IP addresses or have obtained the rights to use these IP addresses, reserve the right to change them, and recycle them accordingly. You may not assign or transfer these IP addresses. Your use of any IP address that was not assigned to you by us is grounds for suspension of your use of our services.

5. Requests for Information

Our use and dissemination of information we receive from you is governed by our privacy policy. If you request information from us about other customers, you should assume that unless expressly required by law, your request is not confidential, and will be shared with such customers. Individuals and entities, who request information about our products and services, and their use by our customers, must demonstrate that they are legally entitled to this information. Requests for information, including subpoenas, will be honored only if they are part of a filed and pending matter. You will be charged our technical assistance fee of $275 per hour to process your request, and are responsible for any legal fees we incur when responding to your request. Please direct correspondence about this paragraph to:

Everleap
Attn: Takehsi Eto
417 East Huntington Drive
Suite 200
Monrovia, CA 91016

Entities that provide products and services to you through us may have different privacy policies. We can provide links to those policies upon your request.

6. Other Information

If you believe that one of our customers has violated this AUP, you may contact us at the address below. We do not respond to anonymous complaints or requests, and do not honor requests that correspondence sent to this address be kept confidential. You can send email to [email protected] or contact us at:

Everleap
Attn: Takeshi Eto
417 East Huntington Drive
Suite 200
Monrovia, CA 91016

Last Update: September 7, 2021