Acceptable Use Policy

DATAVOKE ACCEPTABLE USE POLICY

Effective June 07, 2016

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by DataVoke, Inc. and its affiliates (collectively “DataVoke”) and the website located at http://www.datavoke.com/ (the “DataVoke Site”; collectively together with DataVoke’s web services, the “System”).

 

Acceptance

This Policy constitutes a binding legal agreement between you, as a user of the DataVoke System. By using our System you signify your consent to this Policy and the terms described herein. Before accessing or using the System you should carefully review the terms and conditions of this Policy, as well as the DataVoke Privacy Policy (http://www.datavoke.com/privacy-policy/),Terms of Service (http://www.datavoke.com/service-terms/), and Service Level Agreement (http://www.datavoke.com/sla/), which are incorporated into and made a part of this agreement. If you do not agree to the full terms of this Policy, then you may not use the System.

 

Modification

DataVoke may modify this Policy from time to time. The services provided by the System are always evolving and the form and nature of the System and the services provided may change from time to time without prior notice to you. The most current version of our Policy will govern our use of your information and will be located at http://www.datavoke.com/aup/. Modifications to the Policy are effective upon the posting of an amended Policy to the DataVoke Site. We may also notify you of changes to the Policy, particularly if we deem the changes to be material. By continuing to access or use the System after changes become effective, you agree to be bound by the revised Policy.

 

Termination

If you violate the Policy or authorize or help others to do so, or if DataVoke otherwise determines such action is warranted, we may suspend or terminate your use of the System in our sole discretion and without prior notice. The examples described in this Policy are not exhaustive.

 

Eligibility To Use The System

The System are intended for legal use by adults only and are not directed to minors under the age of 18. You may not use the System in any manner or if you are under the age of 18; any registration by anyone under 18 is void.

By accessing or using the System and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the System; and (3) that your registration and your use of the System is in compliance with a currently effective Order for services of the System, the DataVoke Terms of Service, and any and all applicable laws and regulations.

 

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the System or the DataVoke Site (i) for any illegal, harmful or offensive use; (ii) to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive; or (iii) for any other purpose not reasonably intended by DataVoke as typical or expected use of the System consistent with the purpose for which the System was created. Prohibited activities or content include:

  • Illegal Activities. Any illegal activities or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
  • Harmful or Fraudulent Activities. You will only use the System for lawful purposes, and you will not use the System for any activities that may be harmful to others, the System, our operations or reputation, including using the System to perpetrate any fraudulent activity, or offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), sending, storing, or distributing any unlawful material, or engaging in other deceptive practices.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Infringing Activities. You will not impair the proper operation of the System or any network which is used to support or access the System, try to harm the System in any way whatsoever, or copy or distribute any portion of the System or other content without written permission from DataVoke.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, causes a nuisance, annoyance, or inconvenience, or is otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual or illegal sex acts.

 

No Security Violations

You may not use the System to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
  • Interference with Security Features. Interfering with security features of the System, including disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software, or reverse engineering or otherwise attempting to illegally extract any source code of the System.
  • Interference with Passwords or Accounts. Sharing, selling, or otherwise transferring or permitting another party to make use of the access granted to you to the System, including login, account, or password information, or failing to keep secure and confidential your login, account, and password information, or any other identification we may provide allowing your access to the System.

 

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations, such as access and storage restrictions.

 

No E-Mail or Other Message Abuse

You agree you will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

 

Our Monitoring and Enforcement

DataVoke reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the System or DataVoke Site. We may:

  • investigate violations of this Policy or misuse of the System or DataVoke Site; or
  • remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the System or the DataVoke Site.

 

DataVoke may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

 

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you agree you will immediately notify DataVoke and provide us with assistance, as requested, to stop or remedy the violation. To report any violation or suspected violation of this Policy, please contact DataVoke at:

DataVoke, Inc.
251 N. Illinois St., Suite 300
Indianapolis, IN 46204
{support@datavoke.com}