This Acceptable Use Policy (“AUP”) forms part of the Agreement between MGR Racing, LLC d/b/a MGR Consulting Group (“MGR”) and Client. It applies to Client, Authorized Users, Client Content, and all use of the Services. Capitalized terms not defined here have the meanings stated in the General Services Terms & Conditions.

Client is responsible for ensuring that its employees, contractors, agents, users, and anyone using Client’s credentials or Services complies with this AUP.

1. UNLAWFUL, HARMFUL, OR ABUSIVE USE

Client may not use, permit, encourage, or facilitate use of the Services to:

  1. Violate applicable law, regulation, court order, sanctions, export controls, or the rights of another person;
  2. Commit, promote, facilitate, or conceal fraud, theft, extortion, harassment, stalking, threats, impersonation, deceptive conduct, or other unlawful activity;
  3. Create a material risk to personal safety, public safety, public health, national security, or a lawful investigation;
  4. Operate a pyramid scheme, unlawful gambling activity, illegal marketplace, or transaction involving prohibited goods or services;
  5. Distribute malware, spyware, ransomware, malicious code, credential-stealing tools, or software designed to gain unauthorized access or cause harm;
  6. Facilitate phishing, account takeover, password theft, identity theft, payment fraud, business-email compromise, or social-engineering fraud; or
  7. Engage in activity reasonably likely to cause retaliation against, blacklisting of, or material harm to MGR, a provider, another customer, or the Services.

2. SECURITY AND NETWORK ABUSE

Without MGR’s express written authorization, Client may not:

  1. Access or attempt to access data, accounts, systems, networks, or services for which Client is not authorized;
  2. Probe, scan, penetrate, test, or assess a vulnerability or security control, whether by passive or intrusive means;
  3. Circumvent authentication, authorization, access, rate, usage, geographic, licensing, or security controls;
  4. Monitor, intercept, scrape, collect, or capture data or network traffic without lawful authority and any required consent;
  5. Forge headers, routing information, sender identity, domain information, or other technical identifiers;
  6. Interfere with service to any user or network, including flooding, mail bombing, denial-of-service activity, resource exhaustion, or deliberate overloading;
  7. Use an IP address, domain, certificate, credential, token, API key, or other resource not assigned or authorized for Client; or
  8. Use the Services to develop, test, or deploy malicious tools, even if Client characterizes the activity as research.

Authorized security testing requires a written scope, approved targets, test window, safeguards, and reporting procedure signed or approved in writing by MGR and any affected provider.

3. RESOURCE USE; PLATFORM INTEGRITY

Client may not use the Services in a manner that:

  1. Unreasonably interferes with a shared system, consumes a disproportionate share of resources, or materially degrades another customer’s service;
  2. Exceeds purchased storage, bandwidth, traffic, compute, API, database, email, or other documented capacity limits;
  3. Runs unauthorized cryptocurrency mining, high-volume automated processing, open relays, public proxies, or similar resource-intensive services;
  4. Introduces insecure, unsupported, abandoned, or unlicensed code, plugins, themes, scripts, or integrations after MGR requests removal or remediation; or
  5. Uses automation, bots, scraping, APIs, or scripted activity in violation of a provider’s rules or at a volume likely to impair the Services.

MGR may throttle, quarantine, disable, remove, or require correction of code, content, traffic, or processes that threaten security, stability, reputation, or shared resources.

4. EMAIL, MESSAGING, AND MARKETING COMMUNICATIONS

Client must comply with the CAN-SPAM Act, Telephone Consumer Protection Act, applicable state privacy and communications laws, and provider rules governing email, text messages, calls, and other communications. Client is solely responsible for determining which laws apply to its campaigns.

Client must:

  1. Send marketing communications only when Client has a lawful basis and any required consent;
  2. Maintain reasonably reliable records of consent, source, suppression, and unsubscribe activity;
  3. Use accurate sender, routing, subject-line, business-identity, and contact information;
  4. Provide a clear and functional unsubscribe or opt-out mechanism and honor requests within the legally required period;
  5. Maintain and honor internal do-not-contact and suppression lists;
  6. Use commercially reasonable list hygiene and stop sending to persistently invalid, rejecting, or complaining recipients;
  7. Publish an accurate privacy notice for websites, landing pages, forms, and domains used to collect information; and
  8. Respond promptly to MGR or provider requests concerning complaints, consent evidence, sender reputation, or compliance.

MGR may block or suspend communications, require advance approval, or require corrective measures when MGR reasonably believes Client’s activity violates law, provider standards, this AUP, or threatens sender reputation, deliverability, or service availability.

5. CONTENT STANDARDS

Client may not publish, transmit, store, promote, or link to content that:

  1. Sexually exploits or endangers a minor, depicts nonconsensual sexual activity, or violates laws concerning sexual content;
  2. Makes a credible threat, incites violence, promotes terrorism, or materially facilitates violent wrongdoing;
  3. Constitutes unlawful harassment, unlawful discrimination, or hate-based conduct prohibited by applicable law or provider policy;
  4. Is defamatory, unlawfully invasive of privacy, deceptive, fraudulent, or unfair under applicable consumer-protection law;
  5. Improperly discloses Personal Data, credentials, trade secrets, confidential information, or other protected information;
  6. Infringes or misappropriates copyright, trademark, patent, trade secret, publicity, privacy, or other rights;
  7. Defeats digital-rights management or other lawful technical protections;
  8. Promotes or facilitates illegal drugs, unlawful weapons trafficking, illegal gambling, or other prohibited transactions; or
  9. Is otherwise illegal, malicious, or reasonably likely to expose MGR or a provider to liability or material reputational harm.

6. PRIVACY, DATA COLLECTION, AND TRACKING

Client must:

  1. Collect, use, disclose, retain, and delete Personal Data in compliance with applicable law;
  2. Provide required privacy, cookie, tracking, advertising, and data-sharing notices and obtain required consent;
  3. Use analytics tags, pixels, cookies, forms, audience tools, remarketing, and similar technologies only when lawfully authorized;
  4. Limit access to Personal Data and maintain reasonable security for Client-controlled accounts, devices, and credentials;
  5. Honor applicable consumer or data-subject requests and maintain required records; and
  6. Avoid uploading protected health information, payment-card data, government identifiers, biometric data, children’s data, or other specially regulated information unless an Order or DPA expressly authorizes it.

Client may not direct MGR to collect or process information in a manner that Client could not lawfully perform itself.

7. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS

When using AI, LLM, automation, or machine-generated content through or in connection with the Services, Client may not:

  1. Submit Personal Data, Confidential Information, or third-party proprietary material without authority and appropriate safeguards;
  2. Use generated content to impersonate a person, deceive consumers, fabricate endorsements, or misrepresent material facts;
  3. Rely on automated output for legal, medical, financial, safety-critical, eligibility, or similarly consequential decisions without qualified human review and legally required procedures;
  4. Circumvent provider safeguards, model restrictions, usage limits, or content controls; or
  5. Use AI-generated material in violation of intellectual-property, privacy, publicity, advertising, or other applicable law.

Client is responsible for reviewing, approving, substantiating, and lawfully using AI-assisted output before publication or reliance.

8. INTELLECTUAL PROPERTY; TAKEDOWN REQUESTS

Client must have all rights and permissions required for Client Content. MGR may remove or disable access to allegedly infringing material when MGR receives a sufficiently supported complaint, provider notice, court order, or other legal demand. MGR may terminate Services for repeat or serious infringement.

Client must promptly cooperate with MGR concerning notices, counter-notices, ownership documentation, and preservation of relevant records.

9. DOMAIN NAMES; DNS; TECHNICAL IDENTIFIERS

  1. Client must maintain accurate, current registration, administrative, billing, and security information for domains and related services;
  2. Client may not configure a domain, DNS record, certificate, redirect, or technical identifier without authority from the registrant or owner;
  3. MGR may modify, disable, transfer, or remove a DNS record or configuration when reasonably necessary to comply with a verified owner request, provider instruction, legal demand, or security requirement;
  4. Client may not register for Services under a false identity or use an unauthorized or invalid payment method; and
  5. Client must cooperate promptly to address blacklisting, blocklisting, abuse reports, certificate failures, or registrar notices associated with Client’s activity.

10. PROVIDER POLICIES

Client must comply with the acceptable-use, privacy, security, content, and platform policies of Third-Party Services used to provide or integrate with the Services, including hosting, CDN, domain, cloud, advertising, analytics, email, social-media, ecommerce, and AI providers. A provider restriction may be enforced by MGR even if the conduct is not expressly listed in this AUP.

11. MONITORING; REPORTING; INVESTIGATION

11.1 No General Monitoring Duty.

MGR is not obligated to proactively monitor all Client Content or activity. MGR may use automated and manual measures reasonably necessary to protect the Services, enforce the Agreement, investigate complaints, or comply with law.

11.2 Reports.

Suspected abuse or security issues should be reported promptly to Tech@MGRConsultingGroup.com with available supporting information.

11.3 Cooperation.

Client must cooperate with reasonable investigations and remediation requests. MGR may preserve and disclose relevant information to providers, professional advisers, insurers, regulators, law enforcement, or affected parties when permitted or required by the Agreement or law.

12. ENFORCEMENT

When MGR reasonably believes a violation or material risk exists, MGR may take one or more of the following actions, with or without advance notice when immediate action is reasonably necessary:

  1. Request information, proof of consent, ownership documentation, or a corrective-action plan;
  2. Warn Client and provide a reasonable opportunity to cure;
  3. Block traffic, email, content, code, integrations, users, credentials, or access;
  4. Quarantine, remove, disable, or preserve harmful or disputed material;
  5. Throttle resource use, reset credentials, isolate a website, or apply protective configuration changes;
  6. Suspend or terminate some or all Services;
  7. Notify or cooperate with an affected provider, rights holder, registrar, regulator, or law-enforcement authority; or
  8. Recover reasonable costs caused by Client’s violation when permitted by the Agreement or law.

MGR will consider the seriousness, repetition, urgency, likely harm, Client’s cooperation, and available alternatives. MGR is not required to restore material that remains unlawful, harmful, insecure, or prohibited.

13. SLA AND FEES

Downtime, interruption, degradation, suspension, or maintenance resulting from an AUP violation, investigation, protective action, or required remediation is Excused Downtime and does not qualify for an SLA Credit. Suspension does not excuse fees accrued before or during the suspension unless the Agreement expressly states otherwise.

14. CHANGES; RELATIONSHIP TO AGREEMENT

14.1 Changes.

MGR may revise this AUP in accordance with the notice provisions in the Terms to address changes in law, technology, threats, providers, or business operations.

14.2 Order of Precedence.

The order-of-precedence provision in the Terms applies. This AUP governs acceptable use and enforcement. The Terms control disclaimers, liability limitations, indemnification, termination, and dispute resolution.