Microsoft Word - 16741170_3_GP02--Acceptable Use Policy (July 5, 2023).DOCX

ACCEPTABLE USE POLICY

Effective January, 2024

E4 CONNECT, INC., an Oregon corporation (together with its affiliates and distribution partners, “Company”), has issued this ACCEPTABLE USE POLICY (the “AUP”) to: (i) provide for the lawful and responsible use of Company’s networks, systems, services, websites, and products (collectively, “Network”) by Company’s subscribers and other users of Network (each, a “User,” and in the plural, “Users”); and (ii) enable Company to provide Users with secure, reliable, and useful services. By using Network, each User agrees to be bound by the terms of this AUP. Further, Company reserves the right to modify this AUP at any time; each modification becomes effective when posted; and a User’s continued use of Network after such modification constitutes acceptance of such modification.

  1. INTENDED USE. Network is intended for use only by individuals, who are: (i) eighteen years old or older; and (ii) who are either a subscriber to Company’s provision of the Network or an authorized other User located at the address indicated on the respective subscriber’s registration with Company.

  2. PROHIBITED CONDUCT. Users may not use Network:

    1. To transmit, distribute, or store material that: (a) is in violation of any applicable law or regulation, including, without limitation, export, encryption, child pornography, or financial transactions laws or regulations (collectively, “Applicable Laws”); (b) is obscene, defamatory, libelous, threatening, abusive, hateful, or excessively violent; (c) is or may be harmful to, or interfere with, Network or any third party’s networks, systems, services, or websites (collectively, “Third-Party Systems”), including, without limitation, through transmission of viruses, worms, Trojan horses, and malware; or (d) is otherwise inappropriate as reasonably and lawfully determined by Company;

    2. In any manner that: (a) exposes or may expose Company to criminal or civil liability; (b) adversely affects Network, other Users, or Third-Party Systems (including, without limitation, through flooding, mail bombing, or denial of service attacks);

      (c) violates, attempts to violate, or serves as the precursor to a violation of the security of Network or Third-Party Systems, including, without limitation, through scanning, probing, testing, and/or other information-gathering activity; (d) violates (or facilitates the violation of) any guidelines, rules, procedures, acceptable use policies, and/or other policies of Third-Party Systems (including, without limitation, search engines, subscription web services, chat areas, bulletin boards, and web pages); or (e) infringes, dilutes, misappropriates, or otherwise violates any privacy, publicity, intellectual property rights, or other rights of Company or any third parties, including, without limitation, domain names, patents, copyrights, trademarks, service marks, trade secrets, and other proprietary rights and information (collectively, “Infringement”);

    3. To transmit or distribute material containing: (a) fraudulent offers for goods or services; or (b) advertising or promotional materials that make false, deceptive, or misleading statements, claims, or representations;

    4. To submit false or inaccurate data on any order form, contract, or online application, including, without limitation, a submission related to the fraudulent use of credit cards; or

    5. To transmit: (a) unsolicited bulk email when such emails could reasonably be expected to provoke complaints or be considered spam; (b) emails that are excessive and/or intended to harass or annoy others; (c) email to a recipient that has indicated it does not wish to receive such communications; or (d) email with forged TCP/IP packet header information. Users are also prohibited from using the services of a third party to send spam for promoting a site hosted on, or connected to, Network.

  3. ENFORCEMENT. Without limiting other actions of Company as described in its privacy policy (such as cooperation with law enforcement), Company reserves the right upon a violation of this AUP to suspend, in whole or in part, temporarily or permanently, the applicable subscriber’s use of Network. Company will endeavor to provide written notice (via email or otherwise) to the applicable subscriber before implementing such suspension, but Company may immediately and without prior notice suspend access to Network for violations of this AUP that: (i) constitute violations of Applicable Laws; (ii) expose, or may expose, Company to criminal or civil liability; (iii) constitute Infringement; (iv) may result in damage or harm to Network, Third-Party Systems, or other property; or (v) constitute repeat violations of this AUP. Further and without limitation of the foregoing enforcement actions, if Company receives notice under the DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. §512) or otherwise that any User allegedly infringed or violated the intellectual property rights of a third party or disclosed any trade secret, Company is entitled to take down and/or disable access to the allegedly violating material. By use of Network, each User also: (a) hereby irrevocably and forever releases Company, its directors, officers, employees, and agents from any and all claims, actions, liabilities, losses, damages, and expenses that directly, indirectly, in whole, or in part result from, or arise out of, Company’s exercise of its rights and lawful discretion under this AUP (“Claims”); and (b) waives the provisions of any Applicable Laws restricting the release of Claims that the respective User does not know or suspect to exist at the time of release, that, if known, would have materially affected the decision to agree to the release.

  4. COMPANY’S CONTACT INFORMATION. For any questions regarding this AUP or otherwise, please contact Company at 800-624-0082.