Acceptable Use Policy (the “AUP”)

This Acceptable Use Policy (“AUP”) outlines the do’s and don’ts concerning the use of Berkeley and Blanton Investments LLC, along with its affiliates’ (collectively “Cloudifi” “Texas Fixer”, “we”, “us”) digital footprint, which includes our online platforms, websites, applications, products, and online services (together referred to as the “Services”). This policy applies to all Cloudifi’s customers and users (“you”) who interact with our Services by visiting, purchasing, or registering for accounts. It is essential that the Services are utilized appropriately, aligning with their intended purpose and adhering to the terms outlined in any agreements with Cloudifi, including our Terms of Service (“Terms”), to which this AUP is a supplement.

The instances mentioned in this AUP are not all-inclusive. We reserve the right to amend this AUP at any time, with updates published on the Services. Your continued use of the Services signifies your acceptance of the most recent version of this AUP. Definitions not provided here are detailed in our Terms of Service. Your commitment to following this AUP, and ensuring the same compliance from your end-users, is mandatory. Non-compliance by you or aiding others in non-compliance (including your end-users) could lead to suspension or termination of your access to the Services and deletion of your account.

1. Prohibition of Illegal, Harmful, or Offensive Content and Use:

   – You are forbidden from using the Services for any illegal, harmful, fraudulent, infringing, or offensive activities, or from encouraging others to engage in such activities. This also extends to the transmission, storage, or dissemination of content or information that falls into these categories. Specific prohibited actions or content include:

     – Illegal, Harmful or Fraudulent Activities: Activities that are unlawful, cause harm to others, infringe on others’ rights, or could damage our operations or reputation. This includes spreading, promoting, or facilitating child pornography, fraudulent goods, services, or schemes, fast-money schemes, ponzi and pyramid schemes, phishing, or pharming.

     – Infringing Content/Use: Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or misuse of information from Cloudifi and/or our users for personal or business purposes without authorization.

     – Offensive Content: Content harmful to minors, defamatory, obscene, abusive, discriminatory, invasive of privacy, misleading, grossly offensive, or promoting unacceptable views such as racism, bigotry, religious intolerance, or harm against any group or individual.

     – Harmful Technology: Technology that may damage, interfere with, or unlawfully intercept any system, data, or personal information, such as viruses, Trojan horses, worms, or other malicious software.

     – False Content: Submitting content or information that inaccurately represents your identity, qualifications, or affiliations, or falsely impersonating someone else.

2. Compliance with Anti-Spam Policy:

You must adhere to our Anti-Spam Policy at all times. Engaging in the distribution, publication, sending, or facilitating unsolicited mass emails, messages, promotions, advertisements, or solicitations (commonly known as “SPAM”), including commercial advertising and informational announcements, is strictly prohibited. You are not allowed to modify or conceal email headers or assume another’s identity without their express consent. Collecting responses to messages sent from another ISP that breach this AUP or the ISP’s own use policy is forbidden. Furthermore, you must not utilize any of our communication channels (such as forums, messaging, or feeds) to promote external businesses or ventures not endorsed by the Service.

3. Prohibition of Security Breaches:

You are prohibited from using the Services to compromise the security or integrity of any network, computer system, communication system, software application, or any other computing device (each, a “System”). Forbidden activities include:

   – Unauthorized Access: Accessing or using any System without permission, including attempts to probe, scan, or test the vulnerability of a System or to bypass any security or authentication measures.

   – Interception: Unauthorized monitoring of data or traffic on any System.

   – Falsifying Origin: Creating or altering TCP-IP packet headers, email headers, or any part of a message to disguise its origin or route.

4. Network Abuse Prohibition:

You are not allowed to establish network connections to any users, hosts, or networks without obtaining the necessary permission to communicate with them. The following activities are strictly prohibited:

– Denial of Service (DoS): Overwhelming a target with communication requests to the point where it can no longer respond to legitimate traffic or does so too slowly to be effective.

   – Monitoring or Crawling: Monitoring or crawling of a System that results in the impairment or disruption of the System.

   – Intentional Interference: Deliberately interfering with the proper functioning of any System, including attempting to overload a system through mail bombing, news bombing, broadcast attacks, or flooding techniques.

   – Operation of Various Network Services: Running network services like open proxies, open mail relays, or open recursive domain name servers.

   – Avoiding System Restrictions: Employing manual or electronic methods to circumvent any usage limitations placed on a System, including access and storage restrictions.

   – Excessive Use: Should your activities, not explicitly prohibited, lead to excessive CPU usage, Cloudifi reserves the right to limit CPU resources for your instances to ensure consistent performance across our network.

5. Authorized Use:

You agree to abide by this AUP, adhere to all relevant laws and regulations, including criminal, privacy, intellectual property, export control, and tax laws, along with regulatory requirements in your sector. You also commit to using the Services professionally.

6. Monitoring and Enforcement:

We hold the right to investigate any breaches of this AUP or misuse of the Services. Our actions may include investigating such violations or misuse, examining User Content and possibly removing, disabling access to, or modifying any content violating this AUP or our service agreements with you. We may monitor prohibited activities and take action at our discretion, including suspending or terminating your account or access to the Services, taking legal steps, or reporting to law enforcement or relevant authorities for suspected illegal or unethical activities. Our cooperation with law enforcement may involve sharing customer information relevant to investigations or legal proceedings, in line with our Privacy Policy. Cloudifi disclaims liability for any results of your participation in the Services and is not obligated to maintain content after service termination.

7. Prohibited Activities Overview:

The Services facilitate your communication via the internet. You and your end users must use the Services responsibly and legally, avoiding activities such as participating in illegal contests, defamation, harassment, publishing illegal content, inciting hate or violence, infringing on intellectual property, uploading harmful software, restricting others from using the Services, violating laws or regulations, creating false identities, or misusing the Service in any other prohibited manner, including CPU or GPU mining for cryptocurrency, misuse of VOIP robocalling software, unauthorized network probing or port scanning, and any activity that infringes third-party Terms of Service potentially leading to Cloudifi IP space or ASN being blocked.

– Avoid engaging in or facilitating illegal activities such as unauthorized contests, gambling, pyramid schemes, chain letters, spamming, or sending unsolicited communications.

– Do not upload or share files containing images, photographs, software, or other material protected by intellectual property laws unless you have the legal right or necessary permissions.

– Do not engage in actions or communications that defame, abuse, harass, stalk, threaten, or infringe upon others’ legal rights, including privacy and publicity rights.

– Avoid sharing any content that incites discrimination, hate, or violence against individuals or groups based on race, religion, or nationality.

– Do not upload or share files containing images, photographs, software, or other material protected by intellectual property laws unless you have the legal right or necessary permissions.

– Ensure that the use of any material from the Services does not infringe on the copyright, trademark, patent, trade secret, or any other proprietary right.

– Avoid uploading files that contain harmful software, such as viruses, Trojan horses, worms, or any software that could damage others’ digital assets.

– Do not download files from the Services that you know or should know are not legally distributable.

– Maintain the integrity of author attributions, legal notices, and proprietary designations related to uploaded content.

– Allow and encourage all users to fully enjoy the Services without restriction or interference.

– Adhere to any specific codes of conduct or guidelines applicable to the Services used.

– Refrain from sharing, distributing, or disseminating any content that is defamatory, obscene, illegal, or promotes child exploitation.

– Collect information about others, such as email addresses, only as necessary for your site’s operation and within the bounds of your privacy policy.

– Comply with all relevant laws and regulations.

– Avoid creating or using false identities intended to deceive others.

– No TOR exit nodes.

– Do not misuse the Services’ user directories or other user information for unauthorized purposes.

– Only engage in network probing or port scanning with explicit authorization from the affected host or network; unauthorized scanning is prohibited.

– Avoid using bots to repeatedly or automatically acquire goods or services in a manner that violates third-party terms of service, risking the blocking of Cloudifi’s IP space or ASN.

– Do not use autodialers or other VOIP-based robocalling software improperly.

– Cloudifi’s services should not be used for conducting or offering DOS/DDOS mitigation services.

– Refrain from using the Service for cryptocurrency mining using CPU or GPU resources.

– The Bring Your Own IP feature (BYOIP/BGP) must be used appropriately, without engaging in hijacking, parking, or other unrelated or disproportionate activities.