This Acceptable Use Policy (the “Policy”) sets forth guidelines for acceptable use of the networks and systems of SetPlex and its contractors (the “SetPlex Network”) and the services, software and products offered by SetPlex (the “SetPlex Services”) by our clients (each, a “Client”). In general, no Client shall use the SetPlex Network or the SetPlex Services in any manner that SetPlex, in its sole discretion, deems to be illegal, inappropriate, harmful to SetPlex’s reputation, or in violation of the legal or contractual rights of SetPlex or any third party. This Policy sets forth examples of certain prohibited conduct, but such examples are for purposes of illustration only and do not limit SetPlex’s right to deem other conduct to be in violation of this Policy.
This Policy shall also apply to the employees and agents of each of our Clients and any other person or entity that is provided access to the SetPlex Network or SetPlex Services, directly or indirectly, by a Client, including, without limitation, customers (“Users”) accessing the Client’s media, applications and other content (collectively, the “Content”) on the SetPlex Network or by means of the SetPlex Services. By using the SetPlex Network and the SetPlex Services, each Client acknowledges that it has read, understood and agrees to comply with the terms of this Policy and agrees that it shall be responsible for violations of this Policy by its Users.
SetPlex takes no responsibility for any Client or User Content created, accessible or delivered on or by means of the SetPlex Network or SetPlex Services. SetPlex does not monitor or exercise any editorial control over the Content. The Client is solely responsible for (i) any Content published or made available through the SetPlex Network or by means of the SetPlex Services by the Client or its Users, and (ii) compliance with all laws, rules and regulations, and any third-party agreement to which the Client is a party, applicable to the publication and distribution of such Content. Client shall be solely responsible for maintaining a permanent copy of its Content.
The Client shall not use the SetPlex Network or the SetPlex Services to transmit, distribute or store material that is inappropriate (including online gambling), illegal, defamatory, libelous, indecent, obscene, pornographic or otherwise inconsistent with the generally accepted practices of the Internet community, in each case as determined by SetPlex, in its sole discretion. The Client shall ensure that its use of the SetPlex Network and SetPlex Services and all Content transmitted, distributed or stored on the SetPlex Network or by means of the SetPlex services, whether by the Company or its Users, do not violate any applicable domestic or foreign laws, rules or regulations, including, without limitation, any such laws, rules or regulations relating to content distribution, encryption, export or the rights of third parties. Neither the Client nor its Users shall use the SetPlex Network or SetPlex Services to transmit, distribute or store material that contains a virus, worm, Trojan horse or other software harmful to the SetPlex Network, SetPlex Services or any third-party network, equipment or services.
Neither the Client nor its Users shall use the SetPlex Network or SetPlex Services in any manner that would infringe, dilute, misappropriate or otherwise violate (collectively, “Infringement”) any privacy or other personal rights, or any intellectual property rights, of any party, including, without limitation, any copyrights, trademarks, patents, trade secrets or other rights with respect to proprietary information. All claims regarding Infringement shall be subject to SetPlex’s (the “Infringement Policy”), which is available at setplex.com/legal/infringementpolicy.html SETPLEX reserves the right to amend the Infringement Policy from time to time, in its sole discretion, effective upon posting a revised copy of the Infringement Policy on www.setplex.com. Any use of the SetPlex Network or the SetPlex Services after such modification shall constitute acceptance of the amended Infringement Policy.
Neither the Client nor its Users shall use the SetPlex Network or the SetPlex Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations.
The Client and its Users are prohibited from violating or attempting to violate the security of the SetPlex Network, the SetPlex Services, and any third party network, equipment or account, including, without limitation, by engaging in any of the following activities: (a) accessing networks, equipment, accounts, databases or similar locations (“Secure Locations”) that the Client or User is not authorized to access, (b) impersonating SetPlex personnel, (c) attempting to probe, scan or test the vulnerability of any Secure Location or to breach the security or authentication measures of a Secure Location without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, by means of overloading, “flooding”, “mailbombing”, “denial of service” attacks, or “crashing”, or (e) taking any action in order to obtain services to which the Client or User is not entitled. The Client and its Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for SetPlex Services.
If a Client becomes aware of any Content or activity that violates this Policy, the Client shall take all necessary action to prevent such Content from being routed to, passed through, or stored on the SetPlex Network or by means of the SetPlex Services. To the extent SetPlex becomes aware of any Content or activities that SetPlex deems, in its sole discretion, to be in violation of this Policy, SetPlex may immediately block access to such Content, suspend or terminate the SetPlex Services, or take any other actions SetPlex, in its sole discretion, deems appropriate.
SetPlex reserves the right to terminate or suspend the SetPlex Services if the continued provision of the SetPlex Services would violate any law, rule or regulation, or otherwise harm the SetPlex Network, the SetPlex Services or any Client or User. SetPlex also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that SetPlex believes responsible for the wrongdoing. SetPlex will endeavor to provide notice to the Client prior to suspension or termination of the SetPlex Services, but may immediately suspend or terminate in instances where continued provision of the SetPlex Services would have a material adverse effect on SetPlex or any third party. SetPlex shall not be liable for any damages of any nature suffered by any Client, User or third party resulting in whole or in part from SetPlex’s exercise of its rights under this Policy.
SETPLEX reserves the right to amend this Policy from time to time, in its sole discretion, effective upon posting a revised copy of the Policy on www.setplex.com. Any use of the SetPlex Network or the SetPlex Services after such modification shall constitute acceptance of the amended Policy.