ACCEPTABLE USE POLICY
This Acceptable Use Policy (hereinafter referred as the “AUP” or this “Policy”) sets forth requirements for your use of the CompuFly. This Policy is effective as of the date set forth above, and will remain in effect and updated as this Policy provides. This Policy is an integral part of the Terms and Conditions posted at www.compufly.com/terms-and-condition.html and is intended to be read in conjunction with the terms and conditions of sale for the products, Services or Software purchased from CompuFly and any applicable service contract(s). Software may be provided to or otherwise made available to you in order to facilitate CompuFly’ s performance of Services, as a feature of a Service, to enable you to access hosted, online or remote software-enabled Services (e.g. "software-as-a-service" and "cloud-based" offerings), or to enhance your experience with CompuFly’ s products (capitalized terms defined below).
All terms initially capitalized and not defined herein shall have the meaning set forth in the Terms and Conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by or relating to your Service Plan/Plan order or arising out of the Software purchased by you from CompuFly. You shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan. You are hereby made aware and you hereby agree that CompuFly shall not be liable for any damages arising out of or related to the Software installation, Software malfunction, or any pirated software on your computer/Device under any Service Plan offered to You by CompuFly.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CompuFly or any Services, you hereby agree that you shall not use:
1. Materials, Software or Services for any purpose that is unlawful or prohibited by this AUP or the Terms and Conditions;
2. the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any CompuFly server, or the network(s) connected to any CompuFly server, or interfere with any other party's use and enjoyment of any of the CompuFly, the Materials, Software or Services;
3. attempt to gain unauthorized access to any CompuFly, the Materials, Software or Services, other accounts, computer systems (including tablets, smart phones and computer peripherals) or networks connected to any CompuFly server or to any of the CompuFly, the Materials, Software or Services, through hacking, password mining or any other means;
4. obtain or attempt to obtain any CompuFly, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order. With regard to any Software made available to you by CompuFly through the CompuFly, you are granted a revocable, non-exclusive, non-transferable license by CompuFly to use the Software. In accordance with and as required under the Service Plan you shall not make any copies of the Software. You hereby agree not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party.
THIRD PARTY SOFTWARE OR SERVICES LIABILITY DISCLAIMER
IN NO EVENT SHALL COMPUFLY, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM ANY THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES.
USE OF COMMUNICATIONS SERVICES
You shall use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, when using the Communication Services, you shall not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another;
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded;
10. Restrict or inhibit any other user from using and enjoying the Communication Services;
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
12. Harvest or otherwise collect information about others, including e-mail addresses;
13. Violate any applicable laws or regulations;
14. Create a false identity for the purpose of misleading CompuFly or others;
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
CompuFly has no obligation to monitor the Communication Services. However, CompuFly reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CompuFly reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
CompuFly reserves the right at all times to disclose any information as CompuFly deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CompuFly' s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials
You shall not create hyperlinks to any portion of the CompuFly, nor any Materials or Software posted therein.
You hereby agree that you shall at all times and from time to time indemnify, defend, and hold CompuFly, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this AUP, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity whatsoever. You hereby further agree that you shall at all times and from time to time cooperate as fully as reasonably required in CompuFly’s defense of any claim. CompuFly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CompuFly. You agree immediately to notify CompuFly of any unauthorized use of your account or any other breach of security known to you.