This Acceptable Use Policy ("Policy") is incorporated by reference in the Terms of Service ("Terms") with ASAP Systems ("ASAP Systems") and your service may be suspended or terminated for violation of this Policy in accordance with the Terms. Inquiries regarding this Policy should be directed to ASAP Systems by e-mail at [email protected]
READ THIS POLICY CAREFULLY BEFORE SUBMITTING AN APPLICATION FOR REGISTRATION TO USE THE SERVICE. IF YOU DO NOT AGREE TO ACT IN ACCORDANCE WITH THIS POLICY OR ANY PART THEREOF, YOUR ONLY REMEDY IS TO NOT ACCESS THE SERVICE AND NOT USE THE SERVICE. BY USING THE SERVICE, YOU INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THIS POLICY.
The terms "you" and "User" below refers collectively to the Customer identified during the registration enrollment process and all persons who use the Service under the Customer's Account.
You may not use, operate, or otherwise access the Service or ASAP Systems' (or its service provider's) networks to engage in, foster, or promote illegal
harassing or offensive activities, including but not limited to:
- upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invasive of another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group; or
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- engage in practices that are considered to be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ASAP Systems Site; or
- upload, post, e-mail, transmit, or otherwise make available any information, materials, or other content that infringes another's rights, including any intellectual property rights; or
- use an Internet account, e-mail address, or computer without the owner's express authorization, including but not limited to Internet scamming (tricking other people into releasing their passwords, tax-payer, or banking information), phishing, and security hole scanning; or
- forge any TCP-IP packet header or any part of the header information in an e-mail; or
- upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses, Trojan horses, or any other computer code, files, scripts, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment; or
- use the Service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft's "add/remove" tool); or
- use any manual or automated software, devices, or other process to "crawl" or "screen scrape" or record any web pages or Service screens contained in or displayed by the ASAP Systems Site; or
- interfere with or disrupt the ASAP Systems Site or Service, or any computers, servers, data storage devices, networks, or telecommunications equip ment connected to or associated with the ASAP Systems Site or Service; or
- any conduct that is likely to result in retaliation against ASAP Systems, the Service, or the Site, or ASAP Systems' employees, agents, customers, or service providers, including but not limited to engaging in behavior that results in any server being the target of a denial of service attack (DoS); or
- obtain, collect, or otherwise access or modify the personal information, documents, or data of another ASAP Systems Service User; or
- modify, adapt, or "hack" the ASAP Systems Site or falsely imply that some other site or service is associated with the ASAP Systems Site or BarCloud Software. Further, you shall not attempt to: (i) gain unauthorized access to or use the Service or ASAP Systems' or a third party's data, systems, or networks; or (ii) interface or disrupt the integrity or performance of the Service or the data hosted by the Service.
You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting your network or the servers under your control. You must protect the confidentiality of your password(s). You are encouraged to change your password(s) periodically, which you may do by accessing the "Reset my Password" screen under the "Admin/User Settings" portion of the Service. You should notify ASAP Systems via e-mail at [email protected] immediately of any unauthorized use of your password or Account or other security breach affecting the Service.
You may not use the Service, Site, or ASAP Systems' (or its service provider's) network or equipment to publish, distribute, or otherwise copy in any manner any work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
ASAP Systems may terminate the Service Account of copyright infringers.
Consequences of Violation
ASAP Systems may without notice to you, suspend or terminate your Account, or remove any content transmitted via the Service if ASAP Systems discovers facts that lead it to reasonably believe you are in violation of this Policy, or if your Account is being used in violation of this Policy. You must cooperate with ASAP Systems' reasonable investigation of any suspected or alleged violation of the Policy. ASAP Systems will attempt to contact the primary User of the Account by e-mail prior to suspension of access to the User's Account, however, prior notification is not assured and ASAP Systems has no obligation of prior notification. You are strictly responsible for the use of the Service by you or by means of your Account in violation of this Policy, including use by your employees, customers and agents, and including unauthorized use (but not including unauthorized use that results from ASAP Systems' material failure to perform its obligations under the Terms of Service). ASAP Systems will charge you its reasonable hourly rate for recovery resulting from breach of this Policy plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this Policy, (ii) remedy any harm caused to ASAP Systems, its service provider, or any of its customers by your violation of this Policy or the use of your Account in violation of this Policy, (iii) respond to complaints, including complaints under the Digital Millennium Copyright Act, (iv) respond to subpoenas and other third party requests for information as described in the Terms of Service, and (v) have ASAP Systems' (or its service provider's) Internet Protocol numbers removed from any "blacklist" or other abuse databases or other service providers e-mail blocking systems.
This Policy may be amended or updated
This Policy is posted and made available for review from the ASAP Systems Site. ASAP Systems may make changes to this Policy, and continued use of the Service constitutes User's acceptance of any such changes.
ASAP Systems is under no obligation, and does not by this Policy undertake an obligation, to monitor or police our User's activities and disclaims any responsibility for any misuse of the Service, Site, or ASAP Systems' (or its service provider's) network. ASAP Systems disclaims any obligation to any person or entity who has not entered into an agreement with ASAP Systems for services.