ACCEPTABLE USE POLICY
Effective as of September 10, 2012
Tomcoh Commerce, Inc. (the “Company”) provides a variety of hosted services (“Services”). The Company has formulated this Acceptable Use Policy (this “AUP”) in order to ensure the appropriate use of the Services and the network, systems, and facilities of the Company and its providers (collectively, the “Infrastructure”) by our customers, our customers’ customers, members or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. The Company reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the Company’s websites. By using or accessing the Services or Infrastructure, Users agree to be bound by the terms of this AUP.
Users shall not use the Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP or the terms of any applicable agreement with Momentum; or (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other customers. Users shall cooperate with the Company in investigating and correcting any actual or alleged breach of this AUP. Users shall be solely responsible for any material and content that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct and should not be interpreted as an exhaustive list.
- Transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation. This prohibition includes, without limitation, the following materials: material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
- Distribution of electronic mail in an improper or illegal manner. This prohibition includes, without limitation, the following activities: transmitting unsolicited mass or commercial e-mail (i.e., spamming) for any purpose; enlisting a third party to transmit unsolicited mass or commercial e-mail on your behalf; collecting responses from unsolicited mass or commercial e-mail or advertising your web site or your identity in such e-mail; transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mail bombing); using another party’s electronic mail server to relay e-mail without express permission; and any e-mail message containing informational or commercial content is considered unsolicited unless it is sent to a recipient who expressly requested receipt of such e-mail via an “opt-in” process (it is your responsibility to prove that the recipient explicitly requested inclusion on an e-mail list by direct action, preferably with evidence of confirmation by the recipient (i.e. “double opt-in”); in the absence of positive, verifiable proof to the contrary, the Company will consider a complaint by an e-mail recipient to be de-facto proof that the recipient did not request the e-mail about which a complaint was generated).
- Sensitive Personally Identifiable Information and HIPAA. This prohibition includes, without limitation, the following activities: uploading information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and uploading sensitive personally identifiable information including but not limited to drivers license numbers, passport numbers, social security, tax ID or similar numbers, bank, checking, credit card, debit card, or other financial account numbers, financial or health information.
- Violating system or network security. This prohibition includes, without limitation, the following activities: gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information; engaging in any activities that may interfere with the ability of others to access or use the Company’s websites, Services or the Internet (i.e., Denial of Service attacks); monitoring any data, information or communications on any network or system not owned by you without authorization; gaining unauthorized access to the user accounts or passwords of other users of any system; or attempting to intercept, redirect or otherwise interfere with communications intended for others; or Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.
The Company expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate this AUP.
Rights & Remedies
The Company does not monitor the communications of its customers to ensure that they comply with this AUP or applicable law. The Company may, however, monitor its service electronically to determine that the Services and the Infrastructure are operating satisfactorily. The Company reserves the right to monitor electronic messages sent or received by its customers if required by law, governmental authority, subpoena, summons, discovery request, warrant, statute, regulation or when public safety is at stake. The Company will inform the customer that customer information has been provided except in those cases where they may be prohibited by law from giving such notice. The Company, upon notice to the customer, may disclose customer information or information transmitted over its network where necessary to protect the Company and others from harm, or where such disclosure is necessary to the proper operation of the system.
The Company has no responsibility for any material or information created, stored, maintained, transmitted or accessible on or through the Services or the Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that the Company becomes aware that any such material may violate this AUP and/or expose the Company to civil or criminal liability, the Company reserves the right to investigate such material, block access to such material and suspend or terminate any Services without liability. The Company further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that the Company believes is responsible for such violation. The Company also reserves the right to implement technical mechanisms to prevent AUP violations.
Notification of Violation
If you become aware of any violation of this AUP by any person, including downstream customers, end users or third parties, you must immediately notify us via e-mail at firstname.lastname@example.org or through your designated Account Manager at Momentum.
Tomcoh Commerce, Inc.
122 2nd Avenue, Suite 214
San Mateo, CA 94401