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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/use.html
Users violate this Policy when they engage in any of the
following practices.
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.
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.
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.
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 write to the Company at:
abuse@concurrenttechnologies.com
Compliance Officer
Concurrent Technologies Corp.
150 Allen Road
Liberty Corner, NJ 07938
Phone: (908) 604-6100
Fax: (908) 604-6102
March 23, 2004
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