Acceptable Use Policy
As a provider of hosted software-as-a-service and other Internet-related services, SecureDAM offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. SecureDAM respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, SecureDAM reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SecureDAM has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing SecureDAM's services. This AUP will be revised from time to time. A customer's use of SecureDAM's services after changes to the AUP are posted on SecureDAM's web site, www.securedam.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SecureDAM cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 SecureDAM cannot monitor or censor the Internet, and will not attempt to do so, SecureDAM cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that SecureDAM does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, 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 SecureDAM's network and may reach a large number of people, including both subscribers and nonsubscribers of SecureDAM, subscribers' postings to the Internet may affect other subscribers and may harm SecureDAM's goodwill, business reputation, and operations. For these reasons, subscribers violate SecureDAM policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. SecureDAM will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with SecureDAM policy or applicable law. When SecureDAM becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
SecureDAM also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching SecureDAM's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. SecureDAM does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. SecureDAM has the right to directly take action against a customer of a subscriber. Also, SecureDAM may take action against the SecureDAM subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, SecureDAM anticipates that subscribers who offer Internet services will cooperate with SecureDAM in any corrective or preventive action that SecureDAM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SecureDAM policy.
SecureDAM also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, SecureDAM urges its subscribers to assume that all of their on-line communications are insecure. SecureDAM cannot take any responsibility for the security of information transmitted over SecureDAM's facilities.
SecureDAM will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. SecureDAM may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SecureDAM may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SecureDAM assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SecureDAM may disclose subscriber information or information transmitted over its network where necessary to protect SecureDAM and others from harm, or where such disclosure is necessary to the proper operation of the system.
SecureDAM expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate SecureDAM policy. Finally, SecureDAM wishes to emphasize that in signing the service agreement, subscribers indemnify SecureDAM for any violation of the service agreement, law, or SecureDAM policy, that results in loss to SecureDAM or the bringing of any claim against SecureDAM by any third-party. This means that if SecureDAM is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against SecureDAM, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including SecureDAM and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org.
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