Products and services provided by the enepath group of companies (referred to collectively as “enepath”) make it possible for customers to acquire and disseminate information of various types, including public, private, commercial and non-commercial information. As a customer and/or user of enepath’s products and services you should be aware of your obligations and enepath’s rights in connection with your use of these products and services. Accordingly, please read the following Acceptable Use Policy (this “Policy”) closely, not only because it will typically be in your own interest to follow them, but because failure to do so may affect your ability to continue using enepath products and services.
1. Changes. This Policy may be revised from time to time and you are responsible for monitoring our website and taking note of any changes. Continuing use of enepath products and services after changes to the Policy have been posted will be deemed as acceptance of the new Policy.
2. Incorporation by Reference. This Policy may be incorporated by reference in software licenses or other agreements between you and enepath. Please be sure to read such other agreements so that you understand how this Policy can affect your rights under them.
3. Responsibility. You are solely responsible for the manner in which the enepath products and services you have procured are used and who uses them. This includes how such products and services are used to acquire, store and disseminate information. Enepath has no ability to monitor, control or censor any information disseminated or stored using its products and services, so you are solely liable for any injuries, crimes, contractual violations, inaccuracies, infringement of intellectual property or other rights, offense or other harms or claims of harm arising in connection with your use of enepath products and services, including without limitation any use that is not intended by you but takes place due to your negligence lack of oversight, inadequate security and/or through the acts or nonfeasance of third parties. enepath has no liability whatsoever for any claims, losses, costs or damages of any sort resulting from any of the foregoing.
In addition to possible consequences such as the termination of your rights and ability to use enepath products or services, conduct that would violate this Policy may also subject you and/or your users to criminal or civil liability. enepath reserves the right (and in some cases may be required by law) to refer violations to civil or criminal authorities for prosecution, administration actions or other sanctions. In doing so, enepath will not be bound by any non-disclosure agreement between enepath and you, and will cooperate fully with any applicable government authorities to the extent permitted and required by law, which may involve disclosing identifying details and personal information about users engaged in abusive behavior.
4. Abuse. enepath products and services may not be used to engage in abusive behavior, which includes but is not limited to:
Usage that violates applicable laws or regulations including, without limitation any applicable data protection legislation or privacy guidelines.
Infringement of third party intellectual property rights (including trade secrets).
Infringement upon the privacy rights of any individual.
Usage that violates the terms of service or other policies of any network or communication system that are accessed through enepath products or services.
Deceptive practices, including marketing or related practices.
“Denial of Service” attacks or other similar efforts to interfere with the proper functioning of a computer system or network.
Introduction of malicious programs (including but not limited to viruses, worms, Trojan horses) into a network or computer system.
Use of false headers or user identification information.
Transmission, receipt or storage of material that infringes copyrights in creative works including but not limited to books, music and movies.
Transmission or dissemination of obscene, defamatory, violent, threatening, terroristic, harassing or other similar messages or content.
Network monitoring such as “packet sniffing” that could intercept data not intended for the user.
Using programs or other similar means to interfere with third party user sessions.
Other activities that enepath deems harmful to its reputation, operation or business or that of its partners or users of its products or services.
5. Responding to abusive behavior. As noted above, you and your users are solely responsible for preventing abusive behavior of the type described above and for the legal and other consequences of any abusive behavior that does take place. enepath does not monitor communications of the users of its products or services for purposes of ensuring compliance with this Policy and in many jurisdictions may be prohibited by law from doing so). When notified of abusive behavior, enepath may at its sole discretion take action to prevent its continuation, including but not limited to suspension of the applicable service or termination of our agreement with you. enepath may do so without giving you any opportunity cure, even if such opportunity is provided for in the applicable license or service agreement. enepath reserves the absolute discretion to interpret the provisions of this Policy in connection with any suspected abusive behavior.
6. Applicability. This Policy applies to your customers and other end users of the enepath products and services and you are responsible for ensuring that they are aware of it (including any changes) and of the potential consequences of failure to comply with it. enepath may notify you of users engaged in or suspected of engaging in abusive behavior and request that you take corrective measures to ensure compliance. Failure to do so will be deemed a violation of this Policy. For the avoidance of doubt a violation of this Policy by any customer of yours or other end user accessing enepath products or services through you will constitute a violation of this Policy, and enepath may take immediate action in respect thereof without giving you any cure period. Such actions may include suspending your access to our products or services or termination of license or other agreements between you and enepath.
7. Monitoring. Privacy of communications is a high priority for enepath and is protected by law in most if not all of the jurisdiction in which enepath does business. However, enepath cannot take responsibility for the security of communications using enepath products or services. enepath will comply fully, however, with all applicable laws concerning the privacy of its customers’ on-line communications. enepath will not intentionally monitor or disclose any private electronic mail messages sent or received by its customers unless required to do so by law. Notwithstanding the foregoing, to the extent permitted by applicable law, enepath may monitor the performance of its products or services for quality control purposes and to evaluate possible improvements. enepath may also be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests and to protect enepath, its systems or its customers from harm
8. Indemnification. To the extent any abusive behavior by you or your customers or users results in legal action in which enepath is required to incur costs to comply with orders of courts or government agencies to disclose information, you will indemnify and hold enepath harmless for such costs (including reasonable attorneys’ fees).
9. Intellectual Property. enepath will investigate and promptly take action in respect of claims of intellectual property infringement. Notices of claimed infringement should be directed to: [ can we set up a general address for this? ]
If you have any questions or comments about this Policy, please email to: [same address as above]
Last updated January 15, 2015