ACCEPTABLE USE POLICY
Date Posted: November 2019
This Acceptable Use Policy (this “AUP”) governs all Users of LogicPlum’s cloud-based services (the “Platform Services”). Violation of this AUP may lead to suspension or termination of the User’s account in addition to other legal action pursuant to Paragraph 4. LogicPlum may change this AUP at any time by posting a new version on this page and sending the User written notice thereof. Terms not defined in this AUP will have the meaning set forth in the applicable agreement between you and LogicPlum. LogicPlum may update this AUP from time-to-time. The new version will become effective on the date posted at the top of this AUP.
1. Content on the Platform.
(a) Responsibility for Content. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Therefore, each individual User, and not LogicPlum, is entirely responsible for all Content that the User uploads, downloads, posts, emails, transmits, or otherwise makes available (each a “Transmission”) or uses via the Platform Services. By using the Platform Services, Users may be exposed to Content that is offensive, indecent, or objectionable.
(b) LogicPlum Relationship to Content. LogicPlum neither:
- owns nor publishes the Content on its servers;
- screens Content before it is published; nor
- makes decisions about what Content is uploaded to the Platform Services.
(c) Duty of Care in Content. Users should be mindful of the Content they choose to post and should not post libelous or defamatory statements about a third party, confidential data about its customers or other third parties to whom they owe a duty of care, information that is embarrassing or offensive, or confidential data that they wish to keep private including, without limitation, sensitive company or personal financial information.
(d) Users Assume the Risk. Users assume and bear all risk in using the Platform Services. Therefore, Users must evaluate the risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
2. Acceptable Use. LogicPlum requires that all Users of the Platform Services conduct themselves with respect for others. In particular, Users must observe the following rules in order to use the Platform Services:
(a) Abusive behavior. No User may directly or through a Transmission:
- harass, threaten, or defame any person or entity;
- contact any person who has requested no further contact;
- engage in “stalking” or “cyber-stalking”; or
- use ethnic, racial, or religious slurs against any person or group.
(b) Privacy Rights: No User may directly or through a Transmission:
- violate the privacy rights of any person;
- collect or disclose any personally identifiable information including, without limitation, name, address, phone, email, financial information, government identification numbers, social security numbers, date/place of birth, or any other personally identifiable information of another without express written permission;
- cooperate in or facilitate identity theft:
- disseminate any patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (commonly, HIPPA, as amended and supplemented) or any similar federal or state laws, rules, or regulations;
- disseminate any payment card or financial information of any third party; or
- use the Platform Services in violation of any privacy laws in any applicable jurisdiction.
(c) Intellectual Property. No User may directly or through a Transmission:
- infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity;
- reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder; or
- modify or combine the Content in any manner, with any other material, in any fashion that infringes the rights or any person including, without limitation, intellectual property rights.
(d) Hacking, Viruses, & Network Attacks. No User may directly or through a Transmission:
- access any computer or communications system without authorization, including the computers used to provide the Platform Services;
- attempt to penetrate or disable any security system;
- intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, website, or the Platform Services;
- access or attempt to access any unauthorized part of the Platform Services;
- access or attempt to access any part of the Platform Services or any Content through any technology or means other than those provided or authorized by LogicPlum including, without limitation, through automated or non-automated technologies (such as, for example only, “scraping,” “robots,” “spiders,” “offline readers,” or any system that sends more request messages to the Platform Services or LogicPlum servers than a human can reasonably produce in the same period of time);
- decipher or decrypt transmissions, circumvent any access, authentication or copy restrictions of, or otherwise attempt to compromise the security of the Platform Services;
- attempt to probe, scan, or test the vulnerability of any part of the Platform Services without proper authorization;
- access or attempt to access or otherwise interfere with the accounts of other Users of the Platform Services; or
- take any action that imposes or may impose an unreasonable or disproportionately large load on LogicPlum infrastructure or that of LogicPlum’s third-party providers as determined in LogicPlum’s discretion.
(e) Spam. No User may directly or through a Transmission:
- send bulk unsolicited emails (i.e. spam) or sell or market any product or service advertised by or connected with spam;
- facilitate or cooperate in the dissemination of spam in any way; or
- violate the CAN-Spam Act of 2003.
(f) Fraud and Violations of Law. No User may directly or through a Transmission:
- issue fraudulent offers to sell or buy products, services, or investments;
- mislead anyone about the details or nature of a commercial transaction;
- commit fraud in any other way;
- violate any law including, without limitation, securities laws;
- make available confidential information learned or disclosed as part of a contractual or fiduciary relationship including, without limitation, inside information, proprietary information, employment information, or any information made available to you under a nondisclosure agreement;
- impersonate any person or entity including, without limitation, a LogicPlum official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity including, without limitation, by forging TCP/IP packet headers, e-mail headers, or any part of a message describing its origin or route;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in this AUP; or
- otherwise create liability or damages to LogicPlum.
(g) Security of Content. Users must maintain appropriate security, protection, and backup copies of any Content which may include the use of additional encryption technology to protect the Content from unauthorized access. Users agree that LogicPlum will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any Content.
3. Right to Remove Content. LogicPlum reserves the right (but assumes no obligation) to remove any Content at its discretion including, without limitation:
- Content that infringes third-party copyright, trademark, or publicity rights including, without limitation, Content that we have good reason to believe may so infringe based on information received in a Digital Millennium Copyright Act notice to us;
- obscene Content, child pornography, and Content depicting the exploitation of children;
- Content that incites violence;
- Content that LogicPlum believes may create liability or damages to LogicPlum; or
- Content that violates the law, especially U.S. federal criminal law.
4. Remedies. Without limiting any other remedies available to it, LogicPlum may in its sole discretion suspend or terminate access to the Platform Services for violations of this AUP; to prevent harm to other parties; or to preserve the security, availability, or integrity of the Platform Services. In addition, the User may be required to pay for the costs of investigation and remedial action related to AUP violations. LogicPlum reserves the right to take any other remedial action it sees fit.
5. Reporting Unacceptable Use. LogicPlum requests that anyone with information about a violation of this AUP report it via e-mail to the following address: firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.