Acceptable Use Policy

FIXED SERVICES

This Acceptable Use Policy specifies the actions prohibited by Fireminds to users of the Network. Fireminds reserves the right to modify the policy at any time.

Fireminds’ Acceptable Use Policy (“Policy”) is set forth below. The Policy applies to all users of the Network, including Customers and their End Users. Fireminds may suspend or terminate service, and remove Customers’ Content from the Web Site, for any violation of this Policy, including violations involving single or repeat violations of the prohibition on copyright infringement set forth in the paragraph titled “Illegal Use”.

ILLEGAL USE: The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, related to gambling, constitutes an illegal threat, or violates export control laws.

The Customer agrees that it is solely responsible for its and its End-Users, Content, data, graphics, messages transmitted, or other materials and/or services used on the Web Site. The Customer is entirely responsible for all information whether publicly posted or privately transmitted using Fireminds’ services and the Customer assume all responsibility for any consequences thereof related to it, or its End-Users, actions using Fireminds’ services. Fireminds does not control the information posted or transmitted by users of its services and thus cannot guarantee the quality or accuracy of such information. Fireminds under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. The Customer agrees to use the Web Site only to post materials that are legal. By way of example, and not as a limitation, the Customer agrees that when using Fireminds’ Web Site, the Customer, nor its End-Users, will not:

Harm children in any way;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
Post any material that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
Post or transmit spam, “chain letters,” “junk mail,” promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted;
Restrict or inhibit any other user from using and enjoying the use of the Web Site and its services;
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Collect or store personal data about other users;
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images;
Hack into any part of the Web Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the services, servers, or network infrastructure;
Encourage, glorify or commit conduct which is likely to give rise to criminal or civil liability;
Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever; and
Engage in conduct that is in contempt of any legal proceedings.

SYSTEM AND NETWORK SECURITY: Violations of system or network security are prohibited, and may result in criminal and civil liability. Fireminds will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system of the without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting.

EMAIL: Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express written permission of the site owner.

Fireminds requests that anyone who believes that there is a violation of this policy to direct the information to the Abuse Department at support@fireminds.com.

Data Services: Permitted Uses
You can use our Data Services for accessing the Internet and for such things as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP).

Data Services: Prohibited Uses
You may not use our Data Services for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service; that violates trade and economic sanctions and prohibitions of Bermuda and applicable international law; that interferes with the network’s ability to fairly allocate capacity among users or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ii) below) or otherwise degrade network capacity or functionality; (ii) “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or email use by others; (iii) generating “spam” or unsolicited commercial or bulk email (or activities that facilitate the dissemination of such email); (iv) any activity that adversely affects the ability of other users or systems to use either Fireminds services or the Internet-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (v) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Fireminds or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions, unless they adhere to Fireminds requirements for such usage, which may be changed from time to time.

We further reserve the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Plans or Features in a manner that adversely impacts our network. We may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.