Acceptable Use Policy

Overview

ePark Labs has published this Acceptable Use Policy to help ensure that the Services provided to our clients are of the highest quality, and to help protect the privacy and security of our clients, systems, and networks, while also encouraging responsible use, including compliance with applicable laws. This Policy also describes areas of use of ePark Labs' Network/Internet Services which are prohibited. ePark Labs may in its sole discretion determine whether a use of ePark Labs' Network/Internet Services is a violation of this Policy. ePark Labs in no way intends to monitor, control, or censor communications on the ePark Labs' Network; however, when we have knowledge of a violation of this Policy, we reserve the right to take such action as is necessary to address the violation, as referenced below.

This Policy applies to all Clients of ePark Labs' Network/Internet Services, and supplements, but does not supersede, the Agreements that Clients have with ePark Labs. The Policy also applies, and should be communicated, to Clients’ clients and/or end users that utilize the Services through Clients. In the event of any conflict between a Client’s Agreement and the Policy, the Agreement will govern.

Prohibited Uses

The following are prohibited uses of ePark Labs' Network/Internet Services under this Policy. These descriptions are guidelines and are not intended to be comprehensive in nature.

Illegal/Criminal Activity

ePark Labs Network/Internet Services may not be used in connection with any criminal or civil violations of state, federal, or international laws, regulations, or other government requirements. Such violations include, but are not limited to, theft or infringement of copyrights, trademarks, trade secrets, or intellectual property of any type; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

Security Violations

ePark Labs' Network/Internet Services may not be used in connection with any attempt to violate the security of any network, service, or other system, including, but not limited to, hacking, cracking into, monitoring, or using systems or networks without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software. ePark Labs' clients are responsible for maintaining the basic security of their systems to prevent use of their system in a manner which may result in a violation of this Policy, such as properly granting application access to prevent distribution of Spam (as defined below), and properly securing passwords to prevent illegal access to Client systems. Clients also are responsible for implementing preventive or remedial actions on vulnerable or exploited accounts to prevent continued abuse.

Threats

ePark Labs' Network/Internet Services may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.

Offensive Materials

ePark Labs' Network/Internet Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.

Spam

Spam is an unacceptable use of ePark Labs Network/Internet Services. Spam includes, but is not limited to, any of the following activities:

  • Posting a single message or messages similar in content, to more than five online forums or newsgroups.
  • Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
  • Collecting the responses from unsolicited email.
  • Sending any unsolicited email that could be expected, in ePark Labs' discretion, to provoke complaints.
  • Sending email with charity requests, petitions for signatures, or any chain mail related materials.
  • Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
  • Sending email that does not accurately identify the sender, the sender's return address, and the email address of origin.
  • Using ePark Labs facilities to violate a Common Carrier’s or another Internet Service Provider's acceptable use policy and/or terms of service.

Indirect Access

A violation of this Policy by someone having only indirect access to ePark Labs Network/Internet Services through a Client or other user will be considered a violation by the Client or other user, whether or not with the knowledge or consent of the Client or other user. In addition, this Policy applies to any email or content transmitted by you or on your behalf using a ePark Labs account as a mailbox for responses or promoting content hosted or transmitted using ePark Labs facilities, or indicating in any way that ePark Labs was involved in the transmission of such email or content.

The resale of ePark Labs products and Network Services is not permitted, unless expressly permitted in a written agreement with ePark Labs.

Consequences

Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of the Services, or other action appropriate to the violation, as determined by ePark Labs in its sole discretion. When feasible, it is ePark Labs' preference to give notice so that violations may be addressed voluntarily; however, ePark Labs reserves the right to act without notice when necessary, as determined by ePark Labs in its sole discretion. ePark Labs may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.

Incident Reporting

Any complaints regarding violations of this Policy by a ePark Labs Client should be directed to ePark Labs at 1-800-331-3133 or use our contact form. Where possible, include details that would assist ePark Labs in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

As used herein, content shall mean information made available, displayed or transmitted in connection with the Services (including, without limitation, information made available by means of a "hot link", a third party posting or similar means) including all trademarks, service marks and domain names contained therein as well as the contents of any bulletin boards or chat forums, and, all updates, upgrades, modifications and other versions of any of the foregoing.

ePark Labs may modify this Policy at any time, effective when posted to ePark Labs' support web site at https://eparklabs.com/about/acceptable_use_policy