As a seller of email marketing and SEO related softwares and services, G-Lock Software offers its customers, and their customers and clients, the means to gather and disseminate a wealth of public, private, commercial, and non-commercial information. G-Lock Software respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, G-Lock Software reserves the right to take certain preventative or corrective actions.
To protect these competing interests, G-Lock Software has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each user’s respective agreement and is intended as a guide to the customer’s rights and obligations when utilizing G-Lock Software’s programs and services.
This AUP will be revised from time to time. A customer’s use of G-Lock Software’s programs and services after changes to the AUP are posted on G-Lock Software’s website, http://directemailsoftware.com, and will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
The openness of the Internet and email for everybody places a high premium on the judgment and responsibility of those who use the Internet and email, both in the information they acquire and in the information they disseminate to others.
When users obtain information through the Internet, they must keep in mind that G-Lock Software cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.
Because G-Lock Software cannot monitor or censor the Internet, and will not attempt to do so, G-Lock Software cannot accept any responsibility for injury to anybody that results from inaccurate, unsuitable, offensive, or illegal Internet and email communications done by the users of G-Lock Software’s programs and services.
When customers disseminate information through the Internet and email, they also must keep in mind that G-Lock Software does not review, edit, censor, or take responsibility for any information its customers may create and disseminate. When G-Lock Software’s users place information on the Internet or disseminate information via email, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over G-Lock Software’s programs and services and may reach a large number of people, including both customers and non-customers of G-Lock Software, customers’ postings to the Internet may affect other customers and may harm G-Lock Software’ goodwill and business reputation. For these reasons, customers violate G-Lock Software’s policy and the user agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk email messages over the Internet. It is harmful because of its negative impact on consumer attitudes toward G-Lock Software.
- Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. G-Lock Software is required by law to terminate the customer’s license or subscription upon receipt of a proper notice of copyright infringement. It is also G-Lock Software’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- Obscene Speech or Materials
Using G-Lock Software’s programs and services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. G-Lock Software is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through G-Lock Software’s programs or services.
- Defamatory or Abusive Content
Using G-Lock Software’s programs and services as a means to transmit or post defamatory, harassing, abusive, or threatening content.
- Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s 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).
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- 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.
- Other Illegal Activities
Engaging in 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.
- Other Activities
Engaging in activities, whether lawful or unlawful, that G-Lock Software determines to be harmful to its customers, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. G-Lock Software will not, as an ordinary practice, monitor the Internet and email communications of its customers to ensure that they comply with G-Lock Software’s policy or applicable law.
When G-Lock Software becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, terminating the license or subscription, shutting down the user’s account, or take any other action it deems appropriate.
G-Lock Software is aware that many of its customers are, themselves, providers of Internet and email services, and that information reaching G-Lock Software’s facilities from those customers may have originated from a customer of the G-Lock Software’s customer or from another third party. G-Lock Software does not require its customers who offer Internet and email services to monitor or censor transmissions created by customers of its customers. G-Lock Software has the right to directly take action against a customer of a customer. Also, G-Lock Software may take action against the G-Lock Software’s customer because of activities of a customer of the customer, even though the action may affect other customers of the customer. Similarly, G-Lock Software anticipates that customers who offer Internet and email services will cooperate with G-Lock Software in any corrective or preventive action that G-Lock Software deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of the G-Lock Software’s policy.
G-Lock Software is concerned with the privacy of Internet and email communications. As a matter of prudence, G-Lock Software urges its customers to assume that all of their Internet and email communications are insecure. G-Lock Software cannot take any responsibility for the security of information transmitted over G-Lock Software’s programs and services.
G-Lock Software may disclose information, including but not limited to, information concerning a customer, a transmission made using G-Lock Software’s programs and services, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request.
G-Lock Software assumes no obligation to inform the customer that the customer’s information has been provided and in some cases may be prohibited by law from giving such notice. Finally, G-Lock Software may disclose the customer’s information or information transmitted over its programs and services where necessary to protect G-Lock Software and others from harm, or where such disclosure is necessary to the proper operation of the system.
If the customer violates any part of this AUP, G-Lock Software reserves the right to terminate the customer’s license or shut down the customer’s account at any time. This agreement is part of the entire agreement between the customer and G-Lock Software. In the event of any legal or equitable action initiated by either G-Lock Software or Customer in connection with their Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including reasonable attorney’s fees incurred in connection therewith and in any appeal or enforcement proceeding thereafter.
G-Lock Software expects that its customers who provide Internet and email 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 G-Lock Software’s policy. Finally, G-Lock Software wishes to emphasize that in signing the user agreement, customers indemnify G-Lock Software for any violation of the user agreement, law, or G-Lock Software’s policy, that results in loss to G-Lock Software or the bringing of any claim against G-Lock Software by any third party.This means that if G-Lock Software is sued because of a customer’s or customer of a customer’s activity, the customer will pay any damages awarded against G-Lock Software, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet and email users, including G-Lock Software and its customers, as responsible members of the Internet and email. Any complaints about a customer’s violation of this AUP should be sent to email@example.com.