The purpose of this Acceptable Use Policy (“AUP” or “Policy”) is to protect the security, integrity and dependability of the network, systems, operations, products and services of Concurrent Technologies Corp. (“Concurrent”, “the Company” or “CT”) and ensure fulfillment of service level commitments and privacy rights to Clients. The “Services” of CT include design, development, implementation, managed services and hosting of e-business solutions for a diverse client base ranging from Fortune 500 companies to small businesses.
This Policy applies to all “Users” of CT’s Services including “Clients” (defined as parties that purchase services from the Company) and “Related Parties” of Clients including parent companies, subsidiaries,affiliated companies, employees, agents, contractors, partners or end-users obtaining Services from or through CT. Clients are responsible for any misuse of CT’s Services even if such misuse results from the actions or omissions of Related Parties. Therefore, Clients must take all reasonable precautions to protect access and use of CT Services.
Concurrent reserves the right to modify this Policy effective upon providing notification to Clients or posting a modified AUP on www.concurrenttechnologies.com/legal_terms.html
2. Prohibited Activities
Users violate this Policy when they engage in any of the following practices.
A. Illegal Activities. Users must not employ CT Services in connection with any violation of applicable law including, but not limited to:
i. Infringing or misappropriating intellectual property rights including copyrights, trademarks, service marks, software, patents and trade secrets.
ii. Engaging in the promotion, sale, production, fulfillment or delivery of illegal drugs, illegal gambling, obscene materials or other products and services prohibited by law. Similarly, soliciting illegal activities is prohibited even if such activities are not actually performed.
iii. Advertising, displaying, transmitting, storing or making available child pornography materials.
iv. Transmitting, distributing or storing any material that is unlawful, including encryption software in violation of U.S. export control laws, or presents a material risk of civil liability to CT.
v. Violating the CAN-SPAM Act of 2003.
vi. Disseminating or publishing information that constitutes libel, slander, defamation, harassment, obscenity, or otherwise violates the privacy, publicity or personal rights of any person.
vii. Delivering obscene, threatening, abusive or harassing messages.
viii. Promoting, offering or implementing fraudulent financial schemes including pyramids, illegitimate funds transfers and charges to credit cards.
B. Spamming. Concurrent Technologies considers Unsolicited Commercial E-Mail ("UCE") and Unsolicited Bulk E-Mail ("UBE") to be spam. UCE is an electronic communication disseminating any form of commercial information or soliciting the purchase or sale of a product or service to multiple recipients that have not agreed to receive such communications. UBE is an electronic communication sent to multiple recipients that have not agreed to receive such communications. Although UCE and UBE are prohibited, Clients may use CT Services to send bulk “permission-based” or “opt-in” email messages provided that the following conditions are met:
i. The recipient has agreed to receive email from the sender.
ii. A working “unsubscribe” link is provided.
iii. “Opt-out” requests are fulfilled within 72 hours.
iv. Appropriate records documenting “opt-in” and “opt-out” requests from recipients are maintained.
C. Other Abusive Practices. AUP violations also include, but are not limited to:
i. Using CT Services in the development, distribution or execution of Internet viruses, worms, denial of service attacks, network flooding or other malicious activities intended to disrupt computer services or destroy data.
ii. Web page defacement, unauthorized system penetrations and interfering with the Internet usage of other persons.
iii. Using CT Services to promote or distribute software, services or address lists that have the purpose of facilitating spam.
iv. Providing false or misleading information in message headers or other content, using non-existent domain names or deceptive addressing, or hiding or obscuring information identifying a message’s point of origin or transmission path.
v. Violating personal privacy rights including the collection information about Internet users, except as permitted by law.
vi. Using CT Services to collect responses to UCE or UBE, or to transmit chain letters.
vii. Engaging in any activities that CT believes, in its sole discretion, might be harmful to its operations, public image or reputation.
In order to protect the security and integrity of CT Services, the Company reserves the right to block Internet activity from addresses that are believed by CT, in its reasonable discretion, to engage in abusive practices. CT reserves the right to test or monitor email lists used by Clients for compliance with applicable law and this AUP, and to request and receive from Clients opt-in documentation for a sample of such lists at any time.
If CT learns of a violation of this AUP, it will attempt (unless prohibited by law) to communicate with the Client involved and take, in its sole discretion, any of the following actions depending on the nature and gravity of the violation:
A. Provide the Client or other User with a warning and deadlines for AUP compliance.
B. Remove content that is not in compliance with this Policy.
C. Suspend or terminate Services.
Clients are responsible for all charges or fees due to Concurrent pursuant to any agreements with the Company for usage of Services up to the point of termination or suspension.
The Company disclaims any responsibility for damages sustained by Clients as a result of CT’s employing the above Remedies in response to a violation of this AUP. Clients are responsible for the content and messages transmitted or made available by them and their Related Parties using CT’s Services. By accepting Services from Concurrent, Clients acknowledge that CT has no obligation to monitor any activities or content for violations of applicable law or this AUP, but it reserves the right to do so. The Company disclaims any responsibility for inappropriate use of its Services by Users and any liability for any other person’s or party’s violation of this AUP or applicable law.
In signing an agreement for delivery of Services from CT, Clients agree to indemnify the Company (including its officers, directors, employees, shareholders, agents and affiliated companies) from all claims, damages, losses, liabilities, suits or actions against Concurrent by a third-party. This means that if such an action is brought against CT as a result of the conduct of a Client or Related Party that violates this AUP, the Client will pay any damages awarded against CT plus costs and reasonable attorney’s fees.
7. Contact Us.
Concurrent Technologies encourages Internet users who have comments or complaints concerning a Client’s violation of this AUP or accepted standards of Internet conduct to email us or write to the Company at:
Concurrent Technologies Corp.
150 Allen Road
Liberty Corner, NJ 07938
Phone: (908) 604-6100
Fax: (908) 604-6102