Acceptable Use Policy

Translation

This document is a translation provided for information only. Only the French version is legally binding. To the French version.

1. Purpose and principles

This policy sets out what the customers of HaiSoft SARL may and may not do with its services: web hosting, dedicated and virtual servers, domain names, e-mail, and the e-mailing service sold under the SG Autorépondeur and MailJump brands. It forms an integral part of the HaiSoft general terms of service (the “Terms”).

• The Customer uses the services in accordance with French law, the law of the country in which it operates and the customs of the internet.
• The Customer is responsible for the content it hosts or sends, as well as for the actions of its own users, customers and subcontractors on the services. It must ensure that they comply with this policy.
• The Customer secures whatever is its responsibility: passwords, updates of its applications (CMS, plugins), configuration of its non-managed servers.
• HaiSoft does not carry out any general, prior monitoring of content. It acts when it finds, or is notified of, a use that breaches this policy.

2. Prohibited content and uses

The following are prohibited on all HaiSoft services, without this list being exhaustive:

Unlawful content

• child sexual abuse material, glorification of terrorism or of crimes against humanity, incitement to hatred or violence, in particular racial;
• defamatory or insulting content, or content infringing privacy or the right to one’s image;
• infringement: works, software, trademarks or databases used without authorisation;
• sale or promotion of unlawful products or services, unauthorised gambling, medicines without authorisation;
• misleading commercial practices, pyramid schemes, scams.

Fraud and security breaches

• phishing, pages imitating an existing website or organisation, fraudulent collection of credentials or banking data;
• distribution of viruses, ransomware, Trojan horses or any other malicious code;
• intrusion, port or vulnerability scanning, denial-of-service attacks targeting third-party systems, except for tests authorised in writing by the owner of the system;
• open relay servers or open proxies, networks of compromised machines (botnets), command servers;
• spoofing of IP addresses, headers or sender identity.

Restricted content

• pornographic or sexual content, unless HaiSoft has given prior written agreement and an age check compliant with the law is in place;
• cryptocurrency mining on shared hosting plans and virtual servers, unless prior written agreement has been given.

3. Sending rules (e-mail and e-mailing service)

Any bulk sending from HaiSoft services must comply with the following rules.

Consent

• Marketing e-mails sent to individuals require their prior consent (article L.34-5 of the French Postal and Electronic Communications Code). The only exception: an existing customer may receive offers for similar products or services, if they were able to object when their details were collected.
• Between businesses, e-mail marketing is allowed without prior consent if the message relates to the recipient’s profession and the recipient has been informed and has been able to object.
• The following are prohibited: importing lists that were purchased, rented or harvested by scraping websites, and using addresses collected without consent.
• The Customer must be able to prove each contact’s consent (date, source, form) at HaiSoft’s first request.

Content of messages

• The sender is clearly identified, with a valid reply address.
• Every message contains a simple, free link to unsubscribe.
• The subject line is not misleading and the advertising nature of the message is identifiable.
• The Customer does not use the names “HaiSoft”, “SG Autorépondeur” or “MailJump” in its messages without written agreement, and does not suggest that the messages come from HaiSoft.

List quality

• Unsubscribes and addresses with permanent errors are removed automatically and must not be re-imported.
• If a send produces more than 5% invalid addresses in one day, or an abnormal complaint rate, HaiSoft may suspend the campaign and ask the Customer to clean its list.
• Sending from the HaiSoft e-mail service (excluding the e-mailing service) is limited to ordinary use: bulk sending must go through the e-mailing service (SG Autorépondeur or MailJump).

Authentication

A Customer sending from its own domain name configures SPF, DKIM and DMARC records, with the help of the tools made available to it.

4. Resources, reports and measures

Shared resources. On shared plans, the Customer does not use resources (processor, memory, disk, bandwidth, sending volume) in a way that degrades the service of other customers. HaiSoft may set sending and contact quotas and adjust the sending rate of campaigns to preserve deliverability for everyone.

Reporting abuse. Anyone may report content or use that breaches this policy to abuse@haisoft.net, stating the address (URL, IP or message headers), the nature of the problem and, for unlawful content, the reasons why it should be removed. Rights holders and authorities use the same address.

Graduated measures. Depending on severity, HaiSoft may:

1. warn the Customer and ask it to remedy the situation within a set period;
2. suspend a campaign, an e-mail address, a website or a service, without notice in urgent cases (manifestly unlawful content, phishing, malicious code, spam, threat to the infrastructure or to the reputation of IP addresses);
3. remove the content concerned or make it inaccessible;
4. terminate the service under the conditions of the Terms;
5. provide the competent authorities with the information required by law.

HaiSoft informs the Customer of the reasons for the measure, unless the law or an authority prohibits it, and allows the Customer to contest it by replying to this notification. Suspension or termination for breach of this policy gives rise to no compensation. The Customer indemnifies HaiSoft against third-party claims resulting from its breach.

Updates. HaiSoft may update this policy to keep up with the law or security threats; customers are informed by e-mail at least 30 days before a significant change takes effect, except in the case of a legal or security emergency.