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 Acceptable Use Policy |
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| As an application service provider of networked commerce
and interactive messaging services, Talon Interactive, Inc., ("Talon") offers
its clients, their customers and users ("Clients") the means to acquire
and disseminate public, private, commercial, and non-commercial information.
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| Talon acknowledges that the Clients' business interests
may include the open discussion and dissemination of information. However,
when there are competing interests at issue, which relate to such dissemination
of information, Talon reserves the right to take certain preventative or
corrective actions. As such, Talon has developed this Acceptable Use Policy
("AUP"), which supplements and explains certain terms of each Client's respective
service agreement(s) and is intended as a guide to the Client's rights and
obligations when utilizing Talon's services. This AUP may be revised from
time to time and a Client's use of Talon's services after such changes are
made will constitute the Client's acceptance of any new or additional terms
of the AUP. |
| Client acknowledges that Talon does not review, edit,
censor, or take responsibility for any information Clients may disseminate
via the Internet. Because some of the information a Client creates may be
hosted or delivered through Talon's systems and may reach a large number
of people, including both Clients and non-Clients of Talon, Clients' use
of the services may affect other Clients therefore damaging Talon's goodwill
and business. For these reasons, Clients violate Talon's AUP when they engage
in the following prohibited activities: |
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Illegal Or Harmful Activities. Engaging
in other activities that are determined to be illegal; including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
Further, engaging in activities, whether lawful or unlawful that Talon
determines to be harmful to its Clients, operations, reputation, goodwill,
or Client relations. Also, exporting encryption software over the
internet or otherwise, to points outside the United States, is expressly
prohibited. |
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Illegal or Unauthorized Access to Other Client
Accounts Or Client Owned Data. Accessing illegally, or without
authorization, other Client accounts or attempting to penetrate security
measures of any Talon system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted system
penetration (i.e. port scan, stealth scan, or other information gathering
activity), or any activities that disrupt the use of or interfere
with the ability of others to effectively use a Talon system or service
is prohibited. |
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Intellectual Property Violations. Engaging
in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service
marks, trade secrets, and patents held by individuals, corporations,
or other entities. Talon is required to remove or block access to
Client content upon receipt of a proper notice of infringement. It
is also Talon's policy to terminate the privileges of Clients who
commit repeat violations of intellectual property laws. |
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Prohibited Content. Using Talon's systems
or services to advertise, transmit, store, post, display, or otherwise
make available child pornography or obscene speech or material or
as a means to transmit defamatory, harassing, abusive, or threatening
language. Talon is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or being
transmitted through Talon's systems. |
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Information regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mail-bombing, or denial of
service attacks may not be distributed using any Talon system. |
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Override Of Controls. Any attempt to defeat
the "opt-out" or "unsubscribe" functionality of Talon's systems, or
failing to comply with any recipient's request to unsubscribe from
recurring messages. Further, forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message
is prohibited. |
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Spamming. Sending unsolicited bulk and/or
commercial messages over the Internet. Spamming is harmful because
of its negative impact on consumer attitudes toward Talon, and because
it can overload Talon's network and disrupt service to Talon Clients.
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Facilitating a Violation of this AUP. Advertising,
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP, which includes
the facilitation of the means to spam, initiation of pinging, flooding,
mail-bombing, denial of service attacks, and piracy of software. |
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| The responsibility for avoiding the harmful activities
described above rests with the Client. Talon will not monitor the communications
of its Clients to ensure that they comply with Talon policy or applicable
law. However, when Talon becomes aware of harmful activities, it may take
any action to stop the harmful activity, including but not limited to: removing
information, shutting down a web site, implementing screening software designed
to block offending transmissions, denying access to the Internet, or take
any other action it deems appropriate. Talon also is aware that many of
its Clients are, themselves, providers of Internet services, and that information
reaching Talon's facilities from those Clients may have originated from
a customer of the Client or from another third-party. Talon does not require
its Clients who offer Internet services to monitor or censor transmissions
or web sites created by customers of its Clients. Talon has the right to
directly take action against a customer of a Client. Also, Talon may take
action against the Talon Client because of activities of a customer of the
Client, even though the action may affect other customers of the Client.
Clients who offer Internet services will cooperate with Talon in any corrective
or preventive action that Talon deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of Talon policy and
shall entitle Talon to terminate any service agreement then in place. |
| Talon also is concerned with the privacy of Internet-based
communications and web sites. Thus, Talon urges its Clients to assume that
all of their on-line communications are insecure. Talon shall not take any
responsibility for the security of information transmitted over Talon's
facilities. Talon will not intentionally monitor private electronic mail
messages sent or received by its Clients unless required to do so by law,
governmental authority, or when public safety is at stake. Talon may, however,
monitor its service electronically to determine that its facilities are
operating. Also, Talon may disclose information, including but not limited
to, information concerning a Client, a transmission made using Talon's network,
or a web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation, or governmental request.
Talon assumes no obligation to inform the Client that Client information
has been provided and in some cases may be prohibited by law from giving
such notice. Finally, Talon may disclose Client information or information
transmitted over its network where necessary to protect Talon and others
from harm, or where such disclosure is necessary to the proper operations
of Talon. |
| Talon expects that its Clients who provide Internet
services to others will comply fully with all applicable laws concerning
the privacy of on-line communications. A Client's failure to comply with
those laws is a violation of Talon policy. Finally, Talon emphasizes that
in signing any Talon service agreement, Clients shall indemnify Talon for
any violation of the service agreement, law, or Talon policy, that results
in loss to Talon or the bringing of any claim against Talon by any third-party.
This means that if Talon is sued because of a Client's or Client of a Client's
activity, the Client shall pay any damages awarded against Talon, plus costs
and reasonable attorneys' fees. Any questions about this AUP or any complaints
about a Client's violation of this AUP should be sent to info@taloninteractive.com. |
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