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ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) is part of the Terms of Use between Customer and Pike13 (the “Terms”).

Customer’s services may be suspended or terminated for violation of this AUP, as further specified in the Terms.

Capitalized terms used in this AUP have the meaning given in the Terms.

A. Use of the Services

Customer may not:

  • Interfere or attempt to interfere in any manner with the functionality or proper working of the Services;
  • Upload to the Pike13 Technology, or use the Services to store or transmit material in violation of third-party privacy rights;
  • Upload to the Pike13 Technology, or use the Services to store or transmit any malware. Malware means programming (code, scripts, active content, and other software) that is designed to disrupt or deny operation, gather information that leads to loss of privacy or exploitation, or gain unauthorized access to system resources, or that otherwise exhibits abusive behavior. Malware includes computer viruses, worms, trojan horses, spyware, dishonest adware, scareware, crimeware, most rootkits, or other malicious or unwanted software or programs;
  • Use or permit the use of the Service to send unsolicited mass mailings outside its organization. The term “unsolicited mass mailings” includes all statutory or common definitions or understanding of those terms in the applicable jurisdiction, including without limitation, those set forth for “Commercial Electronic Mail Messages” under the U.S. CAN-SPAM Act;
  • Interfere with or disrupt the integrity or performance of the Services or third-party data stored or processed with the Services or attempt to gain unauthorized access to the Services or their related systems or networks; or
  • Attempt to probe, scan, penetrate or test the vulnerability of a Pike13system or network, or to circumvent, avoid or breach Pike13's security or authentication measures, whether by passive or intrusive techniques, or by social engineering, without Pike13's express prior written consent.

B. Shared Resources

Customer may not use Pike13systems, networks or technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of their resources. Customer agrees that Pike13 may quarantine or delete any data stored on Pike13’s systems or networks if Pike13 reasonably believes that the data is infected with any malware, or is otherwise corrupted, and has the potential to infect or corrupt Pike13 systems, networks or technology or other customers' data that is stored or accessed via Pike13systems, networks or technology. Customer will comply with any written security or network access requirements that Pike13 provides to Customer in connection with its use of the Services.

C. Other Networks

Customer must comply with the rules of any other network its accesses or participates in when using the Services.

D. Abuse

Customer may not use Pike13's network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to any user of the Pike13 or other network including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization;
  • Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Collecting or using information without the consent of the owner of the information;
  • Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
  • Use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user; or
  • Any conduct that is likely to result in retaliation against the Pike13 network or website, or Pike13’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

E. Offensive Content

Customer may not publish, transmit or store on or via Pike13's network or equipment any content or links to any content that Pike13reasonably believes:

  • Is obscene;
  • Contains harassing content or hate speech, or is violent, incites violence, or threatens violence;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction;
  • Is defamatory or violates a person's privacy;
  • Creates a risk to a person's safety or health, creates a risk to public safety or health, is contrary to applicable law, or interferes with a investigation by law enforcement;
  • Improperly exposes trade secrets or other confidential or proprietary information of another person;
  • Is intended to assist others in defeating technical copyright protections;
  • Infringes on another person's copyright, trade or service mark, patent, or other property right, or violates any privacy right;
  • Is illegal or solicits conduct that is illegal under laws applicable to you or to Pike13; or
  • Is otherwise malicious, fraudulent, or may result in retaliation against Pike13 by offended viewers or recipients.

F. Other

Customer will not be entitled to any credit or other compensation for any interruptions of service resulting from AUP violations.