As a seller of email marketing and SEO related software and services, Geminds LLC offers its customers, and their customers and clients, the means to gather and disseminate a wealth of public, private, commercial, and non-commercial information. Geminds LLC respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Geminds LLC reserves the right to take certain preventative or corrective actions.
To protect these competing interests, Geminds LLC has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each user’s respective agreement and is intended as a guide to the customer’s rights and obligations when utilizing Geminds LLC’s services.
This AUP will be revised from time to time. A customer’s use of Geminds LLC’s services after changes to the AUP are posted on Geminds LLC’s website, glockapps.com, and will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.
The openness of the Internet and email for everybody places a high premium on the judgment and responsibility of those who use the Internet and email, both in the information they acquire and in the information they disseminate to others.
When users obtain information through the Internet, they must keep in mind that Geminds LLC cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.
Because Geminds LLC cannot monitor or censor the Internet, and will not attempt to do so, Geminds LLC cannot accept any responsibility for injury to anybody that results from inaccurate, unsuitable, offensive, or illegal Internet and email communications done by the users of Geminds LLC’s services.
When customers disseminate information through the Internet and email, they also must keep in mind that Geminds LLC does not review, edit, censor, or take responsibility for any information its customers may create and disseminate. When Geminds LLC’s users place information on the Internet or disseminate information via email, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over Geminds LLC’s services and may reach a large number of people, including both customers and non-customers of Geminds LLC, customers’ postings to the Internet may affect other customers and may harm Geminds LLC’s goodwill and business reputation. For these reasons, customers violate the Geminds LLC’s policy and the user agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming
Sending unsolicited bulk email messages over the Internet. It is harmful because of its negative impact on consumer attitudes toward Geminds LLC. - Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. - Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Geminds LLC is required by law to terminate the customer’s license or subscription upon receipt of a proper notice of copyright infringement. It is also Geminds LLC’s policy to terminate the privileges of customers who commit repeat violations of copyright laws. - Obscene Speech or Materials
Using Geminds LLC’s services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Geminds LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Geminds LLC’s services. - Defamatory or Abusive Content
Using Geminds LLC’s services as a means to transmit or post defamatory, harassing, abusive, or threatening content. Send altered, deceptive or false source-identifying information, including spoofing or phishing; - Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). - Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. - Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. - Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. - Other Activities
Engaging in activities, whether lawful or unlawful, that Geminds LLC determines to be harmful to its customers, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. Geminds LLC will not, as an ordinary practice, monitor the Internet and email communications of its customers to ensure that they comply with the Geminds LLC’s policy or applicable law.
When Geminds LLC becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, terminating the license or subscription, shutting down the user’s account, or take any other action it deems appropriate.
Geminds LLC is aware that many of its customers are, themselves, providers of Internet and email services, and that information reaching Geminds LLC’s facilities from those customers may have originated from a customer of the Geminds LLC’s customer or from another third party. Geminds LLC does not require its customers who offer Internet and email services to monitor or censor transmissions created by customers of its customers. Geminds LLC has the right to directly take action against a customer of a customer. Also, Geminds LLC may take action against the Geminds LLC’s customer because of activities of a customer of the customer, even though the action may affect other customers of the customer. Similarly, Geminds LLC anticipates that customers who offer Internet and email services will cooperate with Geminds LLC in any corrective or preventive action that Geminds LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of the Geminds LLC’s policy.
Geminds LLC is concerned with the privacy of Internet and email communications. As a matter of prudence, Geminds LLC urges its customers to assume that all of their Internet and email communications are insecure. Geminds LLC cannot take any responsibility for the security of information transmitted over Geminds LLC’s programs and services.
Geminds LLC may disclose information, including but not limited to, information concerning a customer, a transmission made using Geminds LLC’s programs and services, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request.
Geminds LLC assumes no obligation to inform the customer that the customer’s information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Geminds LLC may disclose the customer’s information or information transmitted over its programs and services where necessary to protect Geminds LLC and others from harm, or where such disclosure is necessary to the proper operation of the system.
If the customer violates any part of this AUP, Geminds LLC reserves the right to terminate the customer’s license or shut down the customer’s account at any time. This agreement is part of the entire agreement between the customer and Geminds LLC. In the event of any legal or equitable action initiated by either Geminds LLC or Customer in connection with their Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including reasonable attorney’s fees incurred in connection therewith and in any appeal or enforcement proceeding thereafter.
Geminds LLC expects that its customers who provide Internet and email services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate the Geminds LLC’s policy. Finally, Geminds LLC wishes to emphasize that in signing the user agreement, customers indemnify Geminds LLC for any violation of the user agreement, law, or the Geminds LLC’s policy, that results in loss to Geminds LLC or the bringing of any claim against Geminds LLC by any third party. This means that if Geminds LLC is sued because of a customer’s or customer of a customer’s activity, the customer will pay any damages awarded against Geminds LLC, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet and email users, including Geminds LLC and its customers, as responsible members of the Internet and email. Any complaints about a customer’s violation of this AUP should be sent to abuse@glocksoft.com.