Datagram

Acceptable Use Policy

Effective Date: August 12, 2026 Last Updated: August 12, 2026

1. Purpose and Scope

This Acceptable Use Policy ("AUP") governs the use of all services provided by Datagram ("Datagram," "we," "us," or "our"), including colocation, dedicated internet access, and Layer 2 transport services (collectively, the "Services"). This AUP applies to all customers and any party who accesses or uses the Services (collectively, "Customer" or "you"). By using the Services, you agree to comply with this AUP. Violation may result in suspension or termination of Services as described in Section 6.

This AUP is incorporated by reference into, and forms part of, the Master Services Agreement or other service agreement between Datagram and Customer.

2. Prohibited Uses

Customer shall not use, or permit others to use, the Services to:

2.1 Illegal Activity

  • Engage in any activity that violates applicable local, state, federal, or international law or regulation.
  • Store, distribute, or transmit material that infringes the intellectual property, privacy, or other rights of any third party.
  • Distribute, possess, or transmit child sexual abuse material (CSAM) or any content exploiting minors. Datagram will report such activity to NCMEC and/or law enforcement as required by law.

2.2 Network Abuse

  • Disrupt, degrade, or interfere with the network or services of Datagram or any third party, including denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, whether as originator, intermediary, or target facilitated by Customer's negligence.
  • Perform port scanning, network probing, or vulnerability scanning of systems Customer does not own or have explicit authorization to test.
  • Falsify, spoof, or forge TCP/IP packet headers, email headers, or any portion of header information, including source IP address spoofing.
  • Introduce viruses, worms, trojan horses, ransomware, or other malicious code onto any network or system.
  • Operate open mail relays, open proxies, or open DNS resolvers known to facilitate abuse.
  • Attempt unauthorized access to any system, account, or network, including circumventing authentication or security controls.
  • Interfere with service to any user, host, or network, including mail bombing, flooding, or deliberate overload of a system.

2.3 Unsolicited Communications

  • Transmit unsolicited bulk or commercial email ("spam"), or facilitate violations of CAN-SPAM, CASL, GDPR, or similar anti-spam legislation.
  • Harvest or collect email addresses or other personal information of third parties without consent.
  • Operate or facilitate botnets, command-and-control infrastructure, or other malicious automated networks.

2.4 Resource Abuse

  • Use a disproportionate share of system resources (CPU, memory, disk I/O, bandwidth) in a way that adversely affects other customers or the stability of Datagram's infrastructure.
  • Exceed the bandwidth, power, or other capacity limits specified in Customer's service order without prior written authorization from Datagram.

2.5 Copyright and Trademark Infringement

  • Host, store, or distribute content that infringes copyright, trademark, trade secret, or other intellectual property rights of any third party. Datagram will respond to valid DMCA (or equivalent) notices as described in Section 7.

3. Colocation-Specific Requirements

Customers using colocation Services must also comply with Datagram's Colocation Policy, covering facility access, equipment specifications, power utilization, and physical security.

4. Network Security Responsibilities

Customer is responsible for securing its own equipment, systems, and applications connected to the Services, including applying security patches, maintaining firewalls, and monitoring for unauthorized access. Datagram is not responsible for the security of Customer-owned or Customer-managed equipment.

5. Monitoring and Enforcement

Datagram reserves the right, but does not assume the obligation, to monitor the Services for violations of this AUP, and may investigate suspected violations and cooperate with law enforcement regarding suspected criminal activity.

6. Violations and Enforcement Actions

Datagram may take any of the following actions, at its sole discretion, in response to a suspected or confirmed violation:

  1. Notice — a warning identifying the violation and requesting corrective action within a specified time period.
  2. Suspension — suspension of some or all Services without prior notice if the violation poses an immediate threat to the security, integrity, or stability of Datagram's network or a third party's network.
  3. Termination — termination of the applicable service agreement for repeated or uncured violations, or violations that are illegal, malicious, or otherwise severe.
  4. Reimbursement — requiring Customer to reimburse Datagram for costs or liabilities incurred as a result of Customer's violation, including third-party claims.

Datagram will make reasonable efforts to notify Customer prior to suspension except where immediate action is necessary to protect Datagram's network, other customers, or third parties.

7. Reporting Abuse

To report a suspected violation of this AUP, including copyright (DMCA) notices, contact:

Abuse Contact: abuse@datagram.net DMCA Agent: Not yet designated. Because Datagram provides colocation and hosting services on which customers may post content, designating a DMCA agent with the U.S. Copyright Office (copyright.gov/dmca-directory, nominal filing fee) is strongly recommended — doing so establishes the DMCA safe-harbor protection limiting Datagram liability for customer-hosted content. This line should be completed before relying on this policy for that protection.

Reports should include sufficient detail to investigate, including relevant IP addresses, timestamps (with time zone), and log excerpts where applicable.

8. Changes to this Policy

Datagram may revise this AUP from time to time. The current version is posted at https://www.datagram.net/pages/aup. Material changes will be communicated to active customers via email to the account contact on file. Continued use of the Services after changes take effect constitutes acceptance of the revised AUP.

9. No Waiver

Datagram's failure to enforce any provision of this AUP is not a waiver of that provision or any other provision.

10. Contact

Questions about this AUP may be directed to legal@datagram.net or 1-573-282-4726.

This is a template Acceptable Use Policy provided as a starting point. It should be reviewed by qualified legal counsel before publication, and all bracketed placeholders should be completed with Datagram-specific information.