This Acceptable Use Policy governs your access to and use of facilities, services, or resources owned and operated by SecurElement.
EFFECTIVE JANUARY 1, 2010
This Acceptable Use Policy (“Agreement”) governs your access to and use of facilities, services or resources (“Services”) owned, operated or provided by SecurElement Infrastructure Solutions LLC (“SecurElement”). This Agreement is between SecurElement and any party (the “User,” also referred to herein as “you” or “your,” and if the User is accessing or using the Services for any reason other than personal, individual use, then “you” or “your,” also means the company, or other entity, that such party is accessing or using the Services on behalf of, and its officers, directors, members, employees, agents, contractors, successors and assigns) accessing or otherwise using the Services. By accessing and/or using the Services you acknowledge, and assent to be bound by the policies, terms and conditions set forth herein in their entirety without limitation or qualification, as well as all applicable laws and regulations.
It is the responsibility of all Users and those that have access to SecurElement and to the networks of other providers, to comply with this Agreement and the acceptable use policies governing those networks. Users access or use the Services shall: (a) not violate any applicable laws or regulations; (b) respect the privacy of other users, and not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without their permission; (c) respect the legal protection provided by copyright, trademark, patents, trade secret, rights or publicity or privacy, and other laws; or (d) not be in a manner which interferes with or disrupts other network users, services or equipment.
Misuse of Services.
SecurElement will take immediate action against any SecurElement User who abuses or attempts to abuse any Services. SecurElement will review all complaints or instances of inappropriate utilization of Services. SecurElement will decide at its sole discretion what action is to be taken, including the termination or suspension of your account. If you have any complaints about other User’s utilization of Services please contact firstname.lastname@example.org once.
No Unsupervised or Unapproved Use of Services by those Under 13.
All Users must be of legal age and may be required to provide proof of age. No users under the age of 13 are permitted except with the consent and supervision of their parents or legal guardians.
Use of Services by Others.
As a User you may name an additional individual or individuals who shall be vested with the same authorities as you the User (an “Authorized Representative”). Your account may be used by yourself, members of your immediate family or an Authorized Representative of your company. Use of your account by someone other than yourself, immediate family members or an Authorized Representative of your company may cause your Service to be terminated or suspended. Concurrent logins of the same account are not permitted. Unattended use of your account (line camping) is strictly prohibited. Unattended processes will be terminated. As a User, you may not resell the Services or access to the Services in any way unless prior arrangement has been made.
RESTRICTIONS AND ACCEPTABLE USE
Use of Service.
You may use the Services only for authorized and lawful purposes. You agree that you will not use the Services (a) to export, re-export, download or electronically transmit any software, technical data, message or content in violation of any export law, regulation or restriction of the United States and its agencies or authorities; (b) to disseminate or transmit any unsolicited commercial email messages (i.e. SPAM; further restrictions on email are set forth below), chain letters, bots, spiders, crawlers, or other repetitive information collection or distribution devices (you further agree to use reasonable efforts commensurate with industry standards to prevent others from doing the same); (c) to create a false identity or otherwise attempt to mislead any party, including but not limited to SecurElement, as to the identity of the sender or the origin of any communication, information or other material; (d) to attempt to discover, use, copy or modify the information or materials of others or in any way violate their privacy or security; or (e) to use SecurElement’s networks to access or monitor other computation, information or communication devices or resources of SecurElement or any third party without that party’s express written consent, including but not limited to, engaging in any unauthorized security probing activities or other attempts to evaluate SecurElement’s networks or host system.
You will ensure that any materials and information transmitted through, stored on, derived from or in any way related to the Services (“Customer Materials”): (a) will not contain any illegal or otherwise inappropriate material or content, including but not limited to, material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, violates or infringes the intellectual property or privacy rights of any person; and (b) will not include, contain or utilize any “Self-Help Code” or “Unauthorized Code” as defined in this section. “Self-Help Code” means any back door, time bomb, drop dead device, or other routine, algorithm, routine or code designed or used (i) to: disable, erase, alter or harm SecurElement or SecurElement’s other customers, or any of their respective computer systems, programs, databases, data, hardware or communication systems, automatically with the passage of time, or under the control of, or through some affirmative action by, a person other than SecurElement, or (ii) access any computer system, program, database, data, hardware or communication system of SecurElement or SecurElement’s other customers. “Unauthorized Code” means any virus, Trojan horse, worm, or other routines, code, algorithm or component designed or used to disable, erase, alter, or otherwise harm any computer system, program, database, data, hardware or communication system, or to consume, use, allocate or disrupt any computer resources, in a manner which is malicious or intended to damage or inconvenience.
While SecurElement assumes no obligation to monitor your behavior with respect to the Services or your usage of the Services, SecurElement maintains the right to monitor your behavior and usage, and to immediately and without notice suspend or terminate the provision of any Services, if SecurElement reasonably believes that you have violated any of the restrictions set forth in this Agreement, or is otherwise the cause of harm or interference with SecurElement’s rights or property, or the rights or property of others.
Use of some Services may provide access to information posted or transmitted by third parties on the Internet (“Content”). Content may be offensive, harmful or inaccurate, and does not reflect the opinion and intentions of SecurElement. You assume all risk of viewing, interpreting, using, or relying on any Content. You also acknowledge that Content made available through the Services may be protected by copyright, trademark, or other intellectual property rights. You agree that your use of Content is subject to and governed by all applicable laws and regulations, and by any further restrictions placed on such materials by their owners or licensors.
Further Restriction Concerning Email and SPAM.
You will not use the Services: (a):for the wide-scale distribution of messages or unsolicited email (SPAM) to forums, mailing lists or email addresses through SecurElement or another provider; (b) to establish an account on SecurElement as a mail drop for responses to SPAM; (c) to send SPAM to draw attention to a website housed within SecurElement’s networks or on a server connected to SecurElement’s networks; (d) to knowingly or unknowingly maintain an open proxy server or mail server connected to SecurElement’s networks which allows unauthenticated access or an open mail relay (SecurElement may conduct regular scans to detect open relays and open proxies connected to the SecurElement network); or (e) to propagate computer worms or viruses.
Termination and Suspension.
If SecurElement becomes aware that a User is in violation of the law or this Agreement, SecurElement reserves the right to terminate or suspend your use of the Services. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.
Modifications to this Agreement.
BY USING THE SERVICES, USER ACKNOWLEDGES AND AGREES TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, IT MUST DISCONTINUE USE OF THE SERVICES AND PROMPTLY NOTIFY SECURELEMENT OF ITS REJECTION OF THE TERMS AND CONDITIONS. SECURELEMENT RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME. SECURELEMENT SHALL POST ALL SUCH CHANGES ON SECURELEMENT’S WEBSITE (CURRENTLY ACCESSIBLE AT HTTPS://WWW.SECURELEMENT.COM/). IT IS YOUR RESPONSIBILITY TO PERIODICLY CHECK THE SECURELEMENT WEBSITE FOR CHANGES OR MODIFICATIONS TO THIS AGREEMENT. YOUR USE OF THE SERVICES AFTER ANY SUCH CHANGES OR MODIFICATIONS SHALL INDICATE YOUR ACCEPTANCE OF THE AGREEMENT, AS MODIFIED OR CHANGED.