This Acceptable Use Policy sets forth guidelines for acceptable use of Spoon' network
and systems (the "Spoon Network") and its services, software and products ("Spoon
Services" together with the Spoon Network, the "Spoon Network and Services") by
our customers, resellers and other users of the Spoon Network and Services (each,
a "Customer"). This list is not meant to be exhaustive, but merely illustrative
of examples of conduct deemed by Spoon to be inappropriate, improper or harmful
to Spoon' reputation, Network or Services and therefore prohibited when using the
Spoon Network and Services.
The guidelines and restrictions in this Acceptable Use Policy on use of the Code
Systems Network and Services by a Customer shall apply equally to the Customer's
employees and any other person or entity that is provided access to the Spoon Network
and/or Services directly or indirectly by the Customer ("Users"). By using the Spoon
Network and Services, Customer acknowledges that it has read, understood and agrees
to comply with the terms of this Acceptable Use Policy. Customer shall (i) ensure
that its Users comply with this Acceptable Use Policy and (ii) be responsible for
violations of this Acceptable Use Policy by Customer or its Users.
General Conduct
Customer must use the Spoon Network and Services in a manner consistent with the
permitted use of such Spoon Network and Services. Unless otherwise expressly permitted
in writing by Spoon, Customer may not assign, transfer, distribute, resell, lease
or otherwise provide access to any third party to the Spoon Network or Services,
or use the Spoon Network or Services with or for the benefit of any third party
(other than Internet end users). Customer may only use the Spoon Network and Services
for lawful purposes and in accordance with this Acceptable Use Policy.
Responsibility for Content
Spoon takes no responsibility for any Customer or User content created, accessible
or delivered on or through the Spoon Network and Services. Spoon does not monitor
or exercise any editorial control over such content. Customer is solely responsible
for (i) any content published or made available through the Spoon Network or Services
by Customer and its Users and (ii) compliance with all laws applicable to the publication
and distribution of such content. Customer shall be solely responsible for maintaining
a copy of its content.
Inappropriate and Illegal Content
Customer shall not use the Spoon Network and Services to transmit, distribute or
store material that is inappropriate as reasonably determined by Spoon, or material
that is illegal, defamatory, libelous, indecent, obscene, or inconsistent with the
generally accepted practices of the Internet community. Customer shall ensure that
its and its Users' use of the Spoon Network and Services and all content transmitted,
distributed or stored on the Spoon Network do not violate any applicable domestic
or foreign laws or regulations including but not limited to laws relating to content
distribution, encryption or export or any rights of any third party. Customer shall
not use the Spoon Network and Services to transmit, distribute or store material
that contains a virus, worm, Trojan horse, malware, spyware, or other component
harmful to the Spoon Network and Services, any other network or equipment, or other
Users. Customer shall not use the Spoon Network and Services to engage in
any action or practice that reflects poorly on Spoon or otherwise disparages or
devalues Spoon' reputation or goodwill.
Intellectual Property
Customer shall not use the Spoon Network and Services in any manner that would infringe,
dilute, misappropriate, or otherwise violate any privacy or other personal rights
or any intellectual property rights, including but not limited to, copyrights and
laws protecting patents, trademarks, trade secrets or other proprietary information.
If Customer uses a domain name in connection with its use of the Spoon Network
and Services, such domain name must not violate any trademark, service mark, or
other rights of any third party.
Fraudulent/Misleading Content
Customer shall not use the Spoon Network and 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.
Email and Spam
Customer shall not use the Spoon Network and Services to send unsolicited e-mail
messages or USENET postings, including, without limitation, bulk commercial advertising
or informational announcements ("spam"). Further, Customer is prohibited from using
the service of another provider to send spam or to otherwise promote a site hosted
on or connected to the Spoon Network. In addition, Customer shall not use the Spoon
Network and Services to (a) send e-mail messages or USENET postings which are excessive
and/or intended to harass or annoy others, (b) continue to send e-mail messages
or USENET postings to a recipient who has indicated that he/she does not wish to
receive them, (c) send e-mail messages or USENET postings with forged header information,
or (d) send malicious e-mail messages or USENET postings, including, without limitation,
"mailbombing." Spoon reserves the right to charge Customer at Spoon' standard rates
for time required to handle any complaints that Customer or User violate this Email
and Spam section.
Security Violations
Customer is prohibited from violating or attempting to violate the security of the
Spoon Network and Services, or any third party network, system, server, or account,
including, without limitation, engaging in any of the following activities: (a)
accessing data, servers, accounts, databases, etc. which such Customer is not authorized
to access, (b) impersonating Spoon personnel, (c) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (d) attempting to interfere with, disrupt
or disable service to any user, host or network, including, without limitation,
via means of overloading, "flooding," "mailbombing," "denial of service" attacks,
or "crashing," (e) forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting, (f) taking any action in order to obtain services
to which such Customer is not entitled, or (g) attempting to utilize another party's
account name or persona without authorization from that party. Customer is also
prohibited from attempting any action designed to circumvent or alter any method
of measuring or billing for Spoon Services. Violations of system or network security
may result in civil or criminal liability.
Spoon Rights and Remedies
If Customer becomes aware of any content or activity that violates this Acceptable
Use Policy, Customer shall take all necessary action to prevent such Content from
being routed to, passed through, or stored on the Spoon Network. To the extent Spoon
becomes aware of any content or activities that Spoon deems, in its sole discretion,
to be in violation of this Acceptable Use Policy, Spoon may immediately block access
to such content, suspend or terminate any affected Spoon Services, or take any other
actions Spoon deems appropriate. Spoon shall be solely responsible for determining
if any content or action violates this Acceptable Use Policy. Spoon reserves the
right to terminate or suspend services if the continued provision of services would
violate law or otherwise harm Spoon' Network, Services or customers.
Spoon 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 Spoon deems responsible for the wrongdoing. Spoon may immediately
suspend or terminate in instances where continued provision of Services would have
a material adverse effect on Spoon. Spoon shall not be liable for any damages of
any nature suffered by any Customer, User, or any third party resulting in whole
or in part from Spoon' exercise of its rights under this Acceptable Use Policy.
Customer agrees to indemnify Spoon for any and all damages, claims, suits, costs
or expenses asserted against or incurred by Spoon related to or in connection
with a violation of this Acceptable Use Policy by Customer or its Users.
Spoon reserves the right to modify this Acceptable Use Policy from time-to-time,
in its sole discretion, effective upon posting a revised copy of the Acceptable
Use Policy on the Spoon web site. Any use of the Spoon Network and Services after
such modification shall constitute acceptance of such modification.