Acceptable Use Policy

Acceptable Use Policy

As a seller of email marketing related software and services, GLOCKSOFT 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. GLOCKSOFT 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, GLOCKSOFT LLC reserves the right to take certain preventative or corrective actions.

To protect these competing interests, GLOCKSOFT 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 GLOCKSOFT LLC’s services.

This AUP will be revised from time to time. A customer’s use of GLOCKSOFT LLC’s services after changes to the AUP are posted on GLOCKSOFT 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 GLOCKSOFT 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 GLOCKSOFT LLC cannot monitor or censor the Internet, and will not attempt to do so, GLOCKSOFT 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 GLOCKSOFT LLC’s services.

When customers disseminate information through the Internet and email, they also must keep in mind that GLOCKSOFT LLC does not review, edit, censor, or take responsibility for any information its customers may create and disseminate. When GLOCKSOFT 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 GLOCKSOFT LLC’s services and may reach a large number of people, including both customers and non-customers of GLOCKSOFT LLC, customers’ postings to the Internet may affect other customers and may harm GLOCKSOFT LLC’ goodwill and business reputation. For these reasons, customers violate GLOCKSOFT 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 GLOCKSOFT 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. GLOCKSOFT 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 GLOCKSOFT LLC’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

  • Obscene Speech or Materials
    Using GLOCKSOFT LLC’s services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. GLOCKSOFT 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 GLOCKSOFT LLC’s services.

  • Defamatory or Abusive Content
    Using GLOCKSOFT 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 GLOCKSOFT 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. GLOCKSOFT LLC will not, as an ordinary practice, monitor the Internet and email communications of its customers to ensure that they comply with GLOCKSOFT LLC’s policy or applicable law.

When GLOCKSOFT LLC becomes aware of harmful activities, however, it may take an 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.

To prevent the service abuse and to protect the GLOCKSOFT LLC’s email accounts, an account of a free user will be automatically blocked by the system if the system considers the message sent by the user to the GLOCKSOFT LLC’s test list as a phishy email.

GLOCKSOFT LLC is aware that many of its customers are, themselves, providers of Internet and email services, and that information reaching GLOCKSOFT LLC’s facilities from those customers may have originated from a customer of the GLOCKSOFT LLC’s customer or from another third party. GLOCKSOFT LLC does not require its customers who offer Internet and email services to monitor or censor transmissions created by customers of its customers.GLOCKSOFT LLC has the right to directly take action against a customer of a customer. Also, GLOCKSOFT LLC may take action against the GLOCKSOFT LLC’s customer because of activities of a customer of the customer, even though the action may affect other customers of the customer. Similarly, GLOCKSOFT LLC anticipates that customers who offer Internet and email services will cooperate with GLOCKSOFT LLC in any corrective or preventive action that GLOCKSOFT LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of the GLOCKSOFT LLC’s policy.

GLOCKSOFT LLC is concerned with the privacy of Internet and email communications. As a matter of prudence, GLOCKSOFT LLC urges its customers to assume that all of their Internet and email communications are insecure. GLOCKSOFT LLC cannot take any responsibility for the security of information transmitted over GLOCKSOFT LLC’s programs and services.

GLOCKSOFT LLC may disclose information, including but not limited to, information concerning a customer, a transmission made using GLOCKSOFT 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.

GLOCKSOFT 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, GLOCKSOFT LLC may disclose the customer’s information or information transmitted over its programs and services where necessary to protect GLOCKSOFT 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, GLOCKSOFT 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 GLOCKSOFT LLC. In the event of any legal or equitable action initiated by either GLOCKSOFT 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.

GLOCKSOFT 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 GLOCKSOFT LLC’s policy. Finally, GLOCKSOFT LLC wishes to emphasize that in signing the user agreement, customers indemnify GLOCKSOFT LLC for any violation of the user agreement, law, or GLOCKSOFT LLC’s policy, that results in loss to GLOCKSOFT LLC or the bringing of any claim against GLOCKSOFT LLC by any third party.This means that if GLOCKSOFT LLC is sued because of a customer’s or customer of a customer’s activity, the customer will pay any damages awarded against GLOCKSOFT LLC, plus costs and reasonable attorneys’ fees.

We hope this AUP is helpful in clarifying the obligations of Internet and email users, including GLOCKSOFT 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.

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