1.1. Pathway does NOT allow spam, or bulk commercial e-mail, whether legal or illegal. Bulk, unsolicited commercial email is automatically considered spam, unless sent to recipients who have requested such messages through an opt-in procedure.

1.2. The following are also automatically considered spam:

• 1.2.1. Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses;
• 1.2.2. Any message that violates Spam legislation in Canada or any other country.

1.3. Do not take any action that may lead to a Spamhaus or RBL blacklist for any Pathway-provided IP address, including your own IP addresses. If any action on your part causes such a Spamhaus listing, you are required promptly to cooperate with Pathway, at your own expense, in clearing the IP address(es) in question from the RBL. Such assistance does not limit any other rights or remedies of Pathway.

1.4. Do not fake e-mail header information to misdirect or otherwise “spoof” another party for any reason, including without limitation to evade detection.

1.5. Do not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.

1.6. Do not host “payload” websites that are linked to spam emails, even if a third party sends those emails.

1.7. We do not allow bulk or commercial e-mail to be sent to more than two hundred fifty (250) users per day. If you need to send more than 250 messages per day, please contact a member of our support team for additional information. You may not send email messages of similar content through your own SMTP servers to more than two-hundred and fifty (250) recipients.

1.8. Attempts to circumvent the restrictions listed above by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. Pathway may block mail that violates this AUP. In addition, your mail services may be suspended or terminated for violation of this AUP.

1.9. Do not set up a mail relay that is not password protected or that could allow anyone to send spam.

1.10. You must obtain Pathway’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:

• 1.10.1. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
• 1.10.2. 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;
• 1.10.3. You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honour the recipient’s and Pathway’s requests to produce consent evidence within 72 hours of receipt of the request;
• 1.10.4. You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; you honour revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• 1.10.5. You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• 1.10.6. You must have a Privacy Policy posted for each domain associated with the mailing;
• 1.10.7. You have the means to track anonymous complaints;
• 1.10.8. You must not attempt to send any message to an email address if three consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.

1.11. These policies apply to messages sent using the Pathway Services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Pathway Services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you.

1.12. Pathway 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. In addition, Pathway may block the transmission of email that violates these provisions.

1.13 Do not provide domain name services to entities that violate any of these rules.

2.1. You may not use any system provided by Pathway in a way that unnecessarily interferes with the normal operation of a shared system or which consumes a disproportionate share of the shared resources of the system.

2.2. We may prohibit the automated or scripted use of Pathway’s mail services if:

• 2.2.1. It has a negative impact on the mail system;
• 2.2.2. We may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud.

2.3. You agree that if Pathway IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and Pathway may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions;

2.4. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

3.1. You may NOT at any time, attempt to:

• 3.1.1. Probe, scan, penetrate or test the vulnerability of a Pathway Service, system or network;
• 3.1.2. Breach Pathway’s security or authentication measures whether by passive or intrusive techniques,hacking or perpetration of any security breach;
• 3.1.3. Gain, or provide to anyone, unauthorized access to any computer or system;
• 3.1.4. Intrude into, access or scan other Pathway accounts, systems, applications or Services;
• 3.1.5. Conduct or participate in any network attacks or any unfriendly effort to interfere with any other Service, network or server;
• 3.1.6. Distribute viruses, worms or other harmful code;
• 3.1.7. Use IRC including hosting of IRC servers, run IRC bots or use Pathway Services as IRC clients or proxies or use IRC scripts or programs that interfere with service to other users on any server or network;
• 3.1.8. Use any Service account or computer without the owner’s authorization;
• 3.1.9. Collect or use email addresses, screen names or other identifiers without the consent of the owner, without limitation, for phishing, internet scamming, password robbery, spidering, or harvesting;
• 3.1.10. Collect or use information without the consent of the owner of the information;
• 3.1.11. Use any false, misleading or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• 3.1.12. Use the service to distribute software that covertly gathers information about or covertly transmits information about a user
• 3.1.13. Use the service for distribution of advertisement delivery software unless:
• 3.1.14. The user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software,
• 3.1.15. The software is easily removable by use of standard tools for such purpose included on major operating systems;
• 3.1.16. Engage in any conduct that is likely to result in retaliation against Pathway network or website, or Pathway’s employees, officers or other agents, including engaging in behaviour that results in any server or system becoming being the target of a Denial of Service (DoS) attack.

4.1. You may NOT publish, transmit, disseminate or store on or via Pathway’s network and equipment any content, data or links to any content that, in the reasonable opinion of Pathway:

• 4.1.1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography or any other activity harmful to minors;
• 4.1.2. Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
• 4.1.3. Is unfair, fraudulent or deceptive under the laws of any jurisdiction, including chain letters and pyramid schemes;
• 4.1.4. Is defamatory or violates a person’s privacy;
• 4.1.5. Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
• 4.1.6. Improperly exposes trade secrets or other confidential or proprietary information of another person;
• 4.1.7. Is intended to assist others in defeating technical copyright protections;
• 4.1.8. Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
• 4.1.9. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Pathway;
• 4.1.10. Is otherwise malicious, fraudulent or may result in retaliation against Pathway by offended viewers;
• 4.1.11. May be reasonably construed to be offensive, threatening, libellous, obscene, or harassing.

5.1. You may NOT use Pathway’s network or Services to:

• 5.1.1. Infringe on another person’s intellectual property, copyright, trade or service mark, patent or other property right;
• 5.1.2. Use or distribute pirated software or use third party software without a proper license or other appropriate permissions;
• 5.1.3. Download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright, trademark or patent law unless you have been expressly authorized by the owner of the property to copy the work in that manner or are otherwise permitted by established copyright law to copy the work in that manner;
• 5.1.4. Violate privacy, publicity or trade secret rights, or information security, including dissemination of non-public material information about companies without authorization;
• 5.1.5. Harvest or collect information about website visitors without their express consent;
• 5.1.6. Foster, or promote illegal, abusive, or irresponsible activities of any kind.