Acceptable Use Policy (AUP)
Acceptable Use Policy (AUP)
rackAID LLC — 221 N. Hogan Street #308, Jacksonville, FL 32202
Effective date: June 23, 2026
This Acceptable Use Policy (“AUP”) governs your use, and your End Users’ use, of rackAID’s Services. It is part of, and incorporated into, your Master Service Agreement (“MSA”). If anything here conflicts with the MSA, the MSA controls. Capitalized terms have the meaning given in the MSA.
You are responsible for your own use of the Services and for the use by your End Users and anyone using your account or credentials. A violation by an End User is treated as a violation by you.
1. Vendor / Upstream Provider Terms (Pass-Through)
1.1 rackAID delivers the Services using third-party upstream providers, including infrastructure and cloud providers such as Amazon Web Services (AWS) and PhoenixNAP. Those providers’ acceptable use policies and related terms (“Upstream AUPs”) apply to your use of the Services and are incorporated into this AUP by reference. Current Upstream AUPs are available on request through the helpdesk.
1.2 You must comply with all applicable Upstream AUPs in addition to this AUP. The Upstream AUPs may be more restrictive than this document; where they are, the more restrictive terms apply.
1.3 If rackAID receives notice from an upstream provider (or any third party acting on a provider’s behalf) that your use — or your End Users’ use — of the Services violates an Upstream AUP, you will be deemed to be in violation of this rackAID AUP. We may act on that notice without independently verifying it.
1.4 Because upstream providers may require us to act quickly to protect their network, our accounts, or other customers, we may suspend the affected Services immediately and investigate afterward. We will use reasonable efforts to notify you, but advance notice is not required for action taken in response to an Upstream AUP notice or to protect the network. Suspension or termination under this section follows MSA §12, and no refund or credit is due for Services suspended or terminated for an AUP violation.
2. Prohibited Uses
You may not use the Services, and may not permit any End User to use the Services, to:
2.1 Illegal activity. Violate any applicable local, state, federal, or international law or regulation, or facilitate or encourage illegal activity.
2.2 Intellectual-property infringement. Infringe or misappropriate any copyright, trademark, patent, trade secret, or other intellectual-property or proprietary right, including hosting or distributing infringing or pirated material. Copyright complaints are handled under our DMCA Policy.
2.3 Child sexual abuse material (zero tolerance). Store, host, transmit, or distribute any child sexual abuse material (CSAM) or any content that sexualizes or exploits minors. We treat this as a severe violation, will terminate the Services immediately and without a cure period, and will report it to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by law.
2.4 Spam and email abuse. Send unsolicited bulk or commercial email (spam) or any email that violates the CAN-SPAM Act or other anti-spam laws; use false or forged headers or identifiers; operate open relays or open proxies; or harvest addresses for unsolicited messaging. Because email abuse can damage rackAID’s and our providers’ IP reputation, we treat it as a serious violation (see MSA §4).
2.5 Malware and harmful code. Distribute, host, or transmit viruses, worms, trojans, ransomware, or other malicious code, or operate phishing, pharming, or other fraudulent or deceptive schemes.
2.6 Network abuse and unauthorized access. Attempt to gain unauthorized access to any system, account, network, or data; circumvent authentication or security; conduct port scanning or security scanning without our prior written consent; or engage in network attacks such as denial of service, flooding, sniffing, spoofing, or brute-forcing.
2.7 Harm to the shared environment. Use the Services in a way that impairs, overloads, or disrupts the network, servers, or other customers, or that exceeds the resources allocated to your Service in a manner that degrades others’ use.
2.8 Harmful, abusive, or fraudulent content. Host or transmit content that is defamatory, harassing, threatening, abusive, or that promotes violence or unlawful discrimination, or make fraudulent offers of products or services.
2.9 High-risk and regulated uses. Use the Services for any activity where failure could lead to death, personal injury, or environmental damage, or for regulated data (such as protected health information) without first arranging the appropriate agreements with us (see MSA §6.4.3). You are responsible for any compliance obligations applicable to your data.
2.10 Misrepresentation. Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including rackAID.
3. Your Security and Compliance Obligations
3.1 You must secure your account, credentials, applications, and data using industry-standard methods, and you must keep software you control patched and free of known security issues (MSA §7).
3.2 You must promptly report any suspected security breach, compromise, or AUP violation involving your Services through the helpdesk.
3.3 You must pass through the relevant terms of this AUP and the Privacy Policy to your End Users (MSA §13.2).
4. Enforcement
4.1 If we believe you or an End User has violated this AUP (including an Upstream AUP), we may, consistent with MSA §12: investigate; require your cooperation; suspend or throttle the affected Services; remove or disable offending content; and/or terminate the affected Service or the MSA.
4.2 Failure to cure an AUP violation, or a violation that endangers our network or our ability to provide the Services, is a material breach entitling us to suspend or terminate without a cure period (MSA §12.2.3 and §12.3). Severe violations — including §2.3 (CSAM), active network attacks, and phishing — may be acted on immediately and without notice.
4.3 You will be charged for any remediation, investigation, or cleanup arising from your violation at our then-current rates, including emergency rates where applicable (MSA §10.5). No refund or credit is due for Services suspended or terminated for an AUP violation.
5. Reporting Abuse
To report a suspected violation of this AUP by a rackAID customer, contact us through the helpdesk or at contact@rackaid.com. Copyright complaints follow our DMCA Policy.
6. Changes to this AUP
We may update this AUP from time to time, including to reflect changes in Upstream AUPs. Changes are posted to the helpdesk and take effect as provided in the MSA. Continuing to use the Services after the effective date constitutes acceptance.
This Acceptable Use Policy is incorporated into the rackAID Master Service Agreement. Where the two conflict, the Master Service Agreement controls. Version 20260623.01