Acceptable Use and External-Facing Services Policy
- Overview
- This Acceptable Use and External Facing Services Policy (“Policy”) applies to Our (i.e., Peak InfoSec LLC) customers’ (i.e., “Your” or “You“) use of all Services and products offered by the Us.
- Such Services include, without limitation, any:
- website(s) maintained or controlled by Us; and,
- any events or courses which we coordinate, teach, sponsor, or in which we otherwise participate.
- Capitalized terms shall have the same meanings as defined in this Policy, in our Terms of Use, and/or in our Agreement with You, as appropriate.
- Changes to Policy
- We may change this Policy by linking to an updated version of the Policy at https://PeakInfoSec.com/Legal and such updates will be effective upon posting.
- Click here to contact Us if you have a question about this policy.
- Violations
- Your violation of this Policy will be considered a material breach of all agreements between You and Us.
- Prohibited Material
- You may not, and may not allow any third party, including your users, to use a Service to display, store, process, or transmit, or permit use of a Service to display, store, process, or transmit:
- Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
- Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
- Obscene, excessively profane, or otherwise objectionable material;
- Material advocating or advancing criminal hacking, cracking, or phishing;
- Material related to illegal drugs or paraphernalia;
- Malicious material;
- Unlawful software;
- Malicious code, such as viruses, worms, time bombs, Trojan horses, and other harmful or malicious files, scripts, agents, or programs; or
- Material that violates, encourages, or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
- Prohibited Actions
- You may not use a Service to, nor allow your users or any third party to use a Service to:
- Generate or facilitate unsolicited commercial E-mail (spam). Such prohibited activity includes, but is not limited to:
- Sending communications or E-mail in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation;
- Imitating or impersonating Us, another person or his, her, or its email address, or creating false accounts for the purpose of sending spam;
- Data mining or harvesting any web property (including any External-Facing Service) to find E-mail addresses or other user account information;
- Sending unauthorized mail via open, third-party servers;
- Sending E-mail to users who have requested to be removed from a mailing list;
- Selling to, exchanging with, sharing with, or distributing to a third party personal information, including the E-mail addresses of any person without such person’s knowing and continued consent to such disclosure; or
- Sending unsolicited E-mails to significant numbers of E-mails addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
- Send, upload, distribute, or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support, or facilitate unlawful, hateful, discriminatory, or violent causes;
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Conduct or forward multi-level marketing, such as pyramid schemes and the like;
- Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti- spam, telemarketing, or telephone consumer protection laws or regulations;
- Use the Services in any manner that violates any applicable industry standards, third-party policies, or requirements that We may communicate to Our users, including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self- Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative, or any other generally accepted industry associations, carrier guidelines, or other industry standards;
- Transmit material that may be harmful to minors;
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
- Impersonate another person, entity, or Us (via the use of an email address or otherwise) or otherwise misrepresent Yourself or the source of any communication;
- Violate the rights (such as rights of privacy or publicity) of others;
- Promote, facilitate, or encourage illegal activity;
- Interfere with other users’ enjoyment of a service;
- Mislead people about voting processes or census processes;
- Engage in activity in connection with illegal peer-to-peer file sharing;
- Engage in or promote gambling, or run a gambling operation;
- “Mine” bitcoins and other cryptocurrencies;
- Sell, distribute, or export illegal or prescription drugs or other controlled substances or paraphernalia;
- Access (including through any interfaces provided with a Service) any of Our Services or other service or website, in a manner that violates the Terms of Use, Services Agreement, or other such terms impacting such service or website;
- Operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any end user or third-party-supplied Internet host;
- Perform significant load or security testing without first obtaining the Company’s explicit, written consent;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the Service or reformat or frame any portion of the web pages that are part of the Service;
- Access a third-party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive;
- Use a service in any manner that would disparage the Company or a customer of the Company; or
- Use the Services as part of a decision-making process with legal or similarly significant effects, unless customer ensures that the final decision is made by a human being. In this case, customer must take account of other factors beyond the Service’s recommendations in making the final decision.
- Worldwide, You may not use a Service to transact online sales of any firearms and/or related accessories to private citizens.
- U.S. Digital Millennium Copyright Act or Similar Statutory Obligations
- To the extent You use the services for hosting, advertising, sending electronic messages, or for the creation and hosting of, or for posting material on, websites, You must:
- Comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”);
- Set up a process to expeditiously respond to notices of alleged infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy;
- Publicly display a description of its notice and takedown process under the DMCA on its instance of the services; and
- Comply with such processes, policy(ies), and description.
- It is Our policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, We will terminate Your account(s) if We suspect it/them to be repeatedly or blatantly infringing copyrights.
- If We receives a notice alleging that material in Your data infringes another party’s intellectual property, We may disable Your instance of a Service or remove the allegedly infringing material. If We receive more than one such notice for You, We reserve the right to immediately terminate your subscriptions and access to the Service(s) as We deem necessary to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.
