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acceptable-use-policy.md

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Acceptable Use Policy
September 26, 2017
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The following is Soren LLC's ("We", "Us", "Our") Acceptable Use Policy (the "AUP"). By using any of the services provided by Soren LLC (collectively, the "Services"), You agree to comply with this AUP. You also agree to require your end users to comply with this AUP (hereafter, you and your end users together shall be collectively "You" and "Your"). Soren LLC reserves the right to amend this AUP at any time, with or without notice to you. We agree to post any changes to this AUP on our legal page (located at: https://legal.soren.tech) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.

Pursuant with Our Master Service Agreement and Terms of Use (/terms-of-use), We may, at Our Sole Discretion, immediatley terminate Your access to any and all provided Services if Your conduct violates (or appears to violate) this AUP. In such a case, You agree that You are still responsible for paying for all use of the Service up to the time of termination.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Your use of the Services, You will not use the Services (nor will You permit an end user to use the Services) for any purpose

  • (a) that is forbidden by any law or treaty,
  • (b) is deemed by Us unethical or offensive (see below),
  • (c) involves any attempt to use services provided by Us for “hacking”, “spamming”, “crawling”, “manipulating”, “disrupting”, or otherwise “cyber-attacking” any website, business, individual or service, or for hosting files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other similar software programs that may damage the operation of another’s property,
  • (d) includes the distribution of material protected by intellectual property laws (unless You own or control the rights thereto or have received all necessary consents to do the same), or
  • (e) is materially inconsistent with the express purpose of the services provided in a way which may hinder the use of the service by others.

UNETHICAL OR OFFENSIVE CONTENT

Unethical or Offensive use may include but is not limited to displaying or transmitting content which is

  • (a) pornographic,
  • (b) gratuitously violent,
  • (c) discriminates or advocates discrimination on the basis of race, sex/gender, sexual orientation, religious belief, or mental/physical ability,
  • (d) advocates or supports acts of terrorism or organizations engaged in acts of terrorism,
  • (e) related to the buying and/or selling of illegal products or services,
  • (f) promotes illegal activities,
  • (g) attempts to or does harass, abuse, or harm another person or group,
  • (h) uses another user’s account without permission,
  • (i) provides false or inaccurate information in an account registration,
  • (j) is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive,
  • (h) uses the Service in connection with unlawful contests, lotteries, gambling, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise),
  • (i) harvests or otherwise collects information about others, including emails (except as needed to operate Your site/application and as permitted in Your privacy policy),
  • (h) distributes any proprietary or confidential information about Us, Our other clients, or any end-users of the Service without Our/their express permission.

We reserve the right to determine whether content is Unethical or Offensive at Our sole discretion.

YOUR RESPONSIBILITY AND OUR ACTIONS

You understand that You are solely responsible for Your account(s) on the Services and the activity that occurs while signed in or while using Your account(s). You acknowledge that we have no obligation to actively monitor the content of the Services, including your account(s). However, We reserve the right to review materials posted through the Services and to remove any materials at Our sole discretion. Further, We may, at Our sole discretion, elect to electronically monitor Our network and may disclose any content or records concerning Your account(s) as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. We will investigate complaints of violations of third party rights or of Our AUP. Further, We will cooperate with law enforcement authorities, and We reserve the right to to notify such authorities if We suspect that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this AUP, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this AUP.

You acknowledge and expressly agree that We are not liable to You or any of Your end users for any actions We take to remove or restrict access to the Services for any alleged violation of the AUP or exercising Our rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998.

In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by Us, We encourage You to send such reports to Our abuse address ([email protected]), and include the file name and/or URL (or other location on the customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s).Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by Us should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.

RESOURCE USAGE AND SECURITY

Your account(s) with Our Service may have designated resource limits, as agreed. We do not actively disable accounts until they greatly exceed an acceptable level of usage. We will advise You of any overage and assess relevant fees as necessary.

Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Services or from any websites We operate (collectively, the "Sites"). You hereby agree not to use any automatic device or manual process to monitor or reproduce the Service or Sites, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage Our Services or Sites or any communications on them. If You do not adhere to this provision, in addition to monetary damages and other remedies available to Us, You hereby agree to pay liquidated damages of $10,000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs.

Any violation of the security of the Services and/or Sites is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Services, Sites, and/or related materials (collectively, the "Servers") is strictly prohibited and is a violation of this AUP. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:

  • Any form of unauthorized access to or use of data, systems or networks, including the Services and/or Our websites;
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
  • Unauthorized interference with service to any user, host or network;
  • Introducing a malicious program into the network or server (e.g. viruses and worms), including the Services and/or Our websites;
  • Circumventing user authentication or security of any host, network or account;
  • Using an account with another provider to promote Your site with Us in an abusive manner;
  • Utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our websites or any other site.

In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for immediate Termination for Cause of Your access to the Services.

ANTI-SPAM POLICY

We consider any dissemination of unsolicited commercial email (i.e., "spam") to be prohibited.

We may, at Our sole discretion, immediately terminate any account which we believe to be transmitting or otherwise connected with any spam or other unsolicited bulk email.

Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to adopt a stricter, total spam ban policy. Spam, in all its forms, is annoying and burdensome, and is inconsistent with Our company values. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:

  • Spim or instant messenger Spam;
  • Spamming of internet newsgroups;
  • Spamming on Craigslist or other classified services, except in areas designated for such use;
  • Use of any personals service to Spam other members; and
  • Any other method of Spamming.

In short, we define spam as either (a) sending a message to a recipient who does not know you, in some capacity, or (b) posting an ad somewhere that is not "on topic" and properly listed.

INTELLECTUAL RIGHTS INFRINGEMENT

Soren respects the intellectual property of others, and we ask You to do the same. We reserve the right at any time to implement a 'notice and takedown' procedure upon receipt of any notification of claimed infringement. We reserve the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us using the procedure provided in our DMCA Policy.

TERMINATION AND ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate Your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the relevant Terms of Use or Service Agreement for the Services in question. Upon termination of the Service, your right to use the Service immediately ceases. We shall have no obligation to maintain any content upon termination of the Services.