This Acceptable Use Policy (this “AUP”) applies to all persons and entities (collectively referred to herein as “User”) who use the services and software products provided by Recall Total Information Management, Inc. (“Recall”) in connection with Recall’s hosting of one or more ReView hosted solutions via Recall or its supplier(s) (collectively referred to herein as “Hosted Solutions”). This AUP is designed to protect the security, integrity, reliability and privacy of Recall and its supplier’s network and the Hosted Solutions for its ReView customers.
User’s use of a Hosted Solution constitutes User’s acceptance of the terms and conditions of this AUP in effect at the time of such use. Recall reserves the right to modify this policy at any time effective immediately upon posting of the modification or revised AUP on Recall’s website.
2. USER OBLIGATIONS:
A. User is responsible for any misuse of a Hosted Solution. Therefore, User must take all reasonable precautions to protect access and use of any Hosted Solution that it uses.
B. User shall not use a Hosted Solution in any manner in violation of applicable law including, but not limited to, by:
(i) Infringing or misappropriating intellectual property rights, including copyrights, trademarks, service marks, software, patents and trade secrets;
(ii) Engaging in the promotion, sale, production, fulfillment or delivery of illegal drugs, illegal gambling, obscene materials or other products and services prohibited by law. Similarly, soliciting illegal activities is prohibited even if such activities are not actually performed;
(iii) Displaying, transmitting, storing or making available child pornography materials;
(iv) Transmitting, distributing or storing any material that is unlawful, including encryption software in violation of U.S. export control laws, or that presents a material risk of civil liability to Recall or its supplier(s);
(vi) Displaying, transmitting, storing or publishing information that constitutes libel, slander, defamation, harassment, obscenity, or otherwise violates the privacy or personal rights of any person;
(vii) Displaying or transmitting obscene, threatening, abusive or harassing messages; or
(viii) Promoting, offering or implementing fraudulent financial schemes including pyramids, illegitimate funds transfers and charges to credit cards.
C. User shall not use a Hosted Solution to engage in any of the following:
(i) Interfering with, gaining unauthorized access to or otherwise violating the security of Recall’s, its supplier’s or another party’s server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing, including, but not limited to, use in the development, distribution or execution of Internet viruses, worms, denial of service attacks, network flooding or other malicious activities intended to disrupt computer services or destroy data;
(ii) Interfering with Recall or its supplier’s network or the use and enjoyment of Hosted Solutions received by other authorized Users;
(iii) Promoting or distributing software, services or address lists that have the purpose of facilitating spam;
(iv) Providing false or misleading information in message headers or other content, using non-existent domain names or deceptive addressing, or hiding or obscuring information identifying a message’s point of origin or transmission path;
(v) Violating personal privacy rights, except as permitted by law;
(vi) Sending and collecting responses to spam, unsolicited electronic messages or chain mail; and
(vii) Engaging in any activities that Recall or its supplier(s) believes, in its sole discretion, might be harmful to Recall’s or its suppliers’ operations, public image or reputation.
If a User violates this AUP, Recall may, depending on the nature and severity of the violation, suspend the hosting of any Hosted Solution that such User accesses for so long as necessary for steps to be taken that, in Recall’s reasonable judgment, will prevent the violation from continuing or reoccurring.
Unless prohibited by law, Recall will provide User with written notice via e-mail or otherwise of a violation of this AUP so that such violation may be corrected without impact on the hosting of Hosted Solutions; Recall will also provide User with a deadline for User to come into compliance with this AUP. Recall reserves the right, however, to act immediately and without notice to suspend the hosting of Hosted Solutions in response to a court order or government notice that certain conduct of User must be stopped or when Recall reasonably determines: (1) that such violation may expose Recall or its supplier(s) to sanction, civil liability or prosecution; (2) that such violation may cause harm to or interfere with the integrity or normal operations or security of Recall’s or its supplier’s network or networks with which Recall or its supplier(s) is interconnected or interfere with another of Recall’s or its supplier’s customer’s use of such services or software products; or (3) that such violation otherwise presents imminent risk of harm to Recall, its supplier(s), or other of its supplier’s customers or their respective employees. In other situations, Recall will use commercially reasonable efforts to provide User with at least seven (7) calendar days notice before suspending the hosting of Hosted Solutions. User is responsible for all charges or fees due to Recall up to the point of suspension by Recall, pursuant to the agreement in place between User and Recall or Recall’s authorized solution provider and User related to such Hosted Solutions.
Recall and its supplier(s) disclaim any responsibility for damages sustained by User as a result of Recall’s or its supplier’s response to User’s violation of this AUP. User is solely responsible for the content and messages transmitted or made available by User using a Hosted Solution. By using a Hosted Solution, User acknowledges that neither Recall nor its supplier(s) has an obligation to monitor any activities or content for violations of applicable law or this AUP, but it reserves the right to do so.
Recall and its supplier(s) disclaim any responsibility for inappropriate use of a Hosted Solution by User and any liability for any other third party’s violation of this AUP or applicable law.
User agrees to indemnify Recall and its supplier(s) from and against all liabilities, obligations, losses and damages, plus costs and expenses, including reasonable attorney’s fees, arising out of any claim, damage, loss, liability, suit or action brought against Recall or its supplier(s) by a third party as a result of the conduct of User that violates this AUP or applicable law.
No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
If you are unsure of whether any contemplated use or action is permitted, please contact Recall.
9. REPRESENTATION AND WARRANTY REGARDING AUTHORITY:
BY CLICKING THE "I ACCEPT THE AGREEMENT" OPTION AT THE BOTTOM OF THIS SCREEN, USER REPRESENTS AND WARRANTS THAT THE PERSON THAT HAS CLICKED THE "I ACCEPT THE AGREEMENT" OPTION HAS ALL REQUISITE POWER AND AUTHORITY, FOR AND ON BEHALF OF USER, TO TAKE SUCH ACTION AND TO BIND USER TO SUCH ACCEPTANCE AND TO THE TERMS AND CONDITIONS OF THIS AUP.