This Acceptable Use Policy (the “Policy”) applies to Tychron Corporation and all of its affiliated entities, which do business as Tychron (“Tychron”). This Policy sets forth activities prohibited by Tychron to users of Tychron’s services (the “Services”). This Policy applies to each Customer (the “Customer”) of Tychron and any users gaining access to the Services through a Customer (i.e., collectively with the Customer, “Users”). All capitalized terms not otherwise defined herein are as defined in the Customer’s agreement(s) (“Agreement”) with Tychron.
1. Purpose. This Policy is designed to assist in protecting the Services provided by Tychron, the Tychron network, Users of the network, the Internet, and the Internet community as a whole from improper service use and/or illegal activity. Any activities contrary to or in violation of this Policy are prohibited.
2. Prohibited Activities. A User’s failure to comply with this Policy constitutes a violation by the Customer as determined in Tychron’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in suspension or termination of Service and/or termination of the Customer’s Agreement, as described below. Customers shall immediately notify Tychron if they know or have a reasonable suspicion that a User of the Services is using them in Violation of this Policy. Customers shall contractually require that all Users comply with this Policy. Prohibited activities include, without limitation, the following:
2.1 Illegal Use. Use of the Services in violation of any law is prohibited. This includes but is not limited to violations of, e.g., the Telephone Consumer Protection Act, telephone slamming, or the like. Any use of the Services for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual property – unauthorized Transmission of material protected by patent, copyright, trade secret, or other intellectual property rights (including, without limitation, the Digital Millennium Copyright Act); (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations; (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message; (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C. 7701, et. seq., and 16 C.F.R. Part 316) or (vi) Use of Tychron provided TNs – Telephone Numbers provided by Tychron may not be used by Customers or any downstream customers in use related to illegal robocalls, spam calls or messages, or any call or spam intended to harass, defraud, or steal money or information from the receiving caller.
2.2 Services and Network Security. Tychron makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information transmitted by a User over the Internet. Use of the Services is subject to the Communications Assistance for Law Enforcement Act (CALEA). Any attempt to breach system and network security measures is a Violation and may result in criminal and civil liability. These Violations include, without limitation, the following: (I) Unauthorized Access – Users may not attempt to gain unauthorized access to or attempt to interfere with the normal functioning and security of Tychron’s network or any other system, computers, accounts, or networks or purposely breach firewalls or security measures of another company’s or individual’s system (hacking); (ii) Unauthorized Monitoring – Users may not attempt to monitor any information on any network or system without authorization from the network administrator; (iii) Interference – Users may not attempt to intercept, redirect or otherwise interfere with communications intended for others; (iv) Fraud/Forgery – Users may not impersonate another party by altering IP addresses or forging TCP-IP packet header information within an e-mail or newsgroup posting; (v) “Denial of Service Attacks” – Users may not cause or further a denial of service attack or otherwise flood or attempt to overload a system; (vi) Virus Transmission– Users may not intentionally or negligently transmit files containing a computer virus, Trojan Horse, worms, corrupted data, or other destructive activities.
2.3 E-mail and Usenet News. The Customer agrees that it shall be responsible for monitoring the use of the Service and that Tychron shall not be obligated to monitor such use. Customer agrees that the following uses are Violations: (I) Unsolicited E-mail – the Customer may not allow the Services to be used to transmit SPAM or collect the responses from excessive volumes of unsolicited commercial e-mail messages. “SPAM” shall mean unsolicited bulk e-mails sent to a recipient where: (a) the recipient’s personal identity or context are irrelevant because the message is equally applicable to other potential recipients and (b) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent. The use of another provider’s service to send unsolicited commercial or bulk e-mails, SPAMs or mass mailings to promote a site hosted on or associated with the Services is similarly prohibited; (ii) E-mail Relay – the use of another party’s e-mail server to relay e-mail without express permission from such party is prohibited; (iii) Usenet – all postings by Users to USENET groups must comply with that group’s charter and other applicable guidelines and Policy. Cross-posting and continuous posting of off-topic messages, including commercial messages, is prohibited; (iv) Bulk e-mail – the Customer shall not allow the Service to be used to send bulk e-mails unless the recipient of such e-mail has verifiably confirmed permission for the address to be included on the specific mailing list by confirming (responding to) the list subscription request verification (“Closed-Loop Opt-In”); and (v) Blacklisted IP-Address – the Customer may not allow an IP-Address that is registered to Tychron and used by the Customer to become blacklisted, banned or blocked by a third-party that monitors improper, or illegal use of the Internet.
2.4 Complaints. If Tychron receives any complaints from third parties with respect to a User’s use of the Services (“Complaints”), the Customer shall, within twenty-four (24) hours, respond to such Complaints to the reasonable satisfaction of Tychron and any failure to respond shall be deemed a Violation authorizing Tychron to take any of the actions described in Section 3. In addition, in the event Tychron receives more than five (5) Complaints in a one-month period or more than ten (10) Complaints in any ninety-day period, it shall be deemed a Violation authorizing Tychron to take any of the actions described in Section 3.
In the event that Tychron has a good faith suspicion that the Customer is in violation of Section 2, the Customer shall, within twenty-four hours of a request by Tychron, provide to Tychron a copy of any Transmission or e-mail that caused such suspicion or generated a Complaint as well as the underlying consent by the recipient to receive such Transmission or e-mail, provided that, the Customer shall take appropriate action to protect the privacy of the recipient.
3. Warning / Suspension / Termination. In the event of a Violation, Tychron may, in its sole and absolute discretion, take any or all of the following actions: (I) Warning – Tychron may issue a verbal, e-mail, or written warning notifying the Customer of the Violation and the corrective action that must be taken. A warning may also provide that Tychron will suspend or terminate all or part of a Customer’s service in the event of any additional Violation; (ii) Suspension – Tychron may suspend, with or without warning, all or part of a Customer’s Service and may condition restoration of such Service upon the Customer affecting corrective action; iii) Termination – Tychron may, with or without warning, and with or without prior suspension, terminate all or part of the Customer’s service and may terminate the Customer’s Agreement.
The foregoing is not an exhaustive list of actions Tychron may take in the event of a Violation, and suspension or termination of Customer’s Service is not an exclusive remedy and shall not affect any other rights Tychron may have under the Agreement. Tychron shall have no liability to the Customer or Users in the event the Customer’s Agreement is terminated and/or a User’s service is suspended or terminated in accordance with this Policy.
4. Miscellaneous. Failure of Tychron to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any action with respect to another Violation. Tychron takes no responsibility for any material created or accessed via the Services. Tychron does not monitor, verify, warrant, or validate the integrity, accuracy, and quality of information it receives or transmits but reserves the right to do so in the event it has a good faith suspicion that a Customer or User may have violated this Policy. Tychron will cooperate with appropriate law enforcement and government agencies or other parties involved in investigating claims of illegal or inappropriate activity. Tychron reserves the right to modify this Policy at any time by communicating such modified Policy to the Customer or by posting it on Tychron’s website at www.tychron.com, effective upon posting.
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