Acceptable Use Policies (AUP)

Effective Date: This Acceptable Use Policy was last updated on November 31, 2008.

Customers should consult this document regularly to ensure that their activities conform to the most recent version. Questions regarding this Policy can be directed to abuse@leadpress.com.

LeadPress.com may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the LeadPress.com web site at: www.leadpress.com/legal/

Introduction

LeadPress.com provides a variety of Internet services tailored to meet the needs of the financial community, and businesses. (The “Services”).

The Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet, which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience.

Use of the Services is subject to the following rules and guidelines.

Each customer of LeadPress.com is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the “Policy”). ANY CLIENT WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE CUSTOMER SERVICE DEPARTMENT OF LEADPRESS.COM SO THAT THE CLIENT’S ACCOUNT MAY BE CLOSED.

LeadPress’s Acceptable Use Policy (“AUP”) has been designed to assist in protecting LeadPress and it’s clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what LeadPress expects of clients using our services.

LeadPress’s AUP is applicable to any and all access or use of LeadPress’s services (the “Service”) or LeadPress’s network (the “Network”). This includes, but is not limited to, any use or access by (a)LeadPress ‘s clients, (b) LeadPress’s clients’ clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, “Users”). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of LeadPress agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.

LeadPress supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. LeadPress may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.

LeadPress believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client’s service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.

This AUP does not (a) obligate LeadPress to monitor, review, or police the data and content residing on its network or (b) create any obligation of LeadPress to any party that is not a direct client. LeadPress expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.

The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. LeadPress will be the sole arbiter as to what constitutes as unacceptable use.

Illegal Activity

The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy. Prohibited activities include, but are not limited to:

Posting or disseminating material which is unlawful (such as child pornography or obscene material).

Disseminating material, which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.

Pyramid or other illegal soliciting schemes. Any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.

Security

You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited.

You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. LeadPress.com recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or offensive, particularly for children. Neither LeadPress.com nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service, and neither LeadPress.com nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.

You are solely responsible for any information which you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. LeadPress.com and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither LeadPress.com nor any of its distribution affiliates has any obligation to monitor transmissions made on the Service. However, LeadPress.com and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with your customer agreement.

By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Policy and authorizes LeadPress.com and its distribution affiliates to reproduce, publish, distribute, and display such content worldwide.

Electronic Mail

Users are prohibited from engaging in improper use or distribution of email. LeadPress will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:

  • Sending of any unsolicited email (“spam”). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
  • Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
  • Using the Service to receive replies from unsolicited emails (“drop-box” accounts).
  • Configuring any email server in such a way that it will accept third party emails for forwarding (“open mail relay”).
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by LeadPress Users must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
  • Purchasing lists of email addresses from 3rd parties for mailing to from any LeadPress hosted domain, or referencing any LeadPress account, is prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  • Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk e-mailers. In this case, your true address must remain obvious to any human viewer.
  • You may not reference LeadPress.com (e.g. by including “Organization: LeadPress.com” in the header or by listing an IP address that belongs to the LeadPress.com) in any unsolicited e-mail even if that e-mail is not sent through LeadPress.com
  • “Mail bombing” is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.

LeadPress.com is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.

Any client found to be using LeadPress services for spam will be immediately terminated and all LeadPress services and products will be disabled. If you know of or suspect any violators, please notify us immediately at abuse@leadpress.com.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on the Services as outlined by our Terms of Use.

Users must ensure that their activity does not improperly restrict or inhibit any other user’s normal use of the Services.

LeadPress.com customers may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of LeadPress.com For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed.

Violation of Acceptable Use Policy

If you know of or suspect any violators, please notify us immediately at abuse@leadpress.com.

LeadPress.com does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services.

LeadPress.com prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which LeadPress.com or its distribution affiliates, in their sole discretion, believe violate this Policy, LeadPress.com or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of posts / content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services without refund for prepaid services or related monies. Neither LeadPress.com nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not LeadPress.com’s exclusive remedies and LeadPress.com may take any other legal or technical action it deems appropriate.

LeadPress.com reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on LeadPress.com’s servers and network. During an investigation, LeadPress.com may suspend the account or accounts involved and/or remove material that potentially violates this Policy.

You hereby authorize LeadPress.com and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include LeadPress.com providing the username, IP address, or other identifying information about a subscriber.

Upon termination of an account, LeadPress.com is authorized to delete any files, programs, data and e-mail messages associated with such account.

The failure of LeadPress.com or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of California.

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