Acceptable Use Policy
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) governs the use by any individual or entity (the “User”) of products and/or services provided by Evocative, LLC and its affiliates (“EvoDC”).
Illegal And Inappropriate Use
User shall not use, or permit use of, any products or services provided by EvoDC, or any other technology or other property or service of EvoDC to which User is provided access (collectively, “EvoDC Property”) except as expressly permitted by EvoDC, and shall fully comply with all applicable laws, rules and regulations in User’s use of EvoDC Property. Under no circumstances shall User use any EvoDC Property for any illegal, disruptive, damaging, offensive, intrusive or abusive purpose (as determined by EvoDC).
Without limiting the generality of the foregoing, User shall not use any EvoDC Property to upload, post, distribute, transmit, disseminate, or otherwise make available any data, information or materials (including without limitation software and email communications) that:
- Are fraudulent, false, misleading or deceptive;
- Infringe or otherwise violate any copyright, patent, trademark, trade secret, the right of privacy, or other proprietary rights of any individual or entity;
- Send unsolicited advertisements (spamware);
- Facilitate hacking or unauthorized access to any data, information, materials, network or other technology;
- Compromise of national security;
- Incite or threaten violence;
- Threaten the health or safety of any person;
- Violate applicable laws relating to export control, encryption and/or data protection;
- Are defamatory, libelous, express hate, or are unlawfully threatening;
- Are exploitative of a minor;=
- Facilitate behavior of a predatory nature or constitute stalking;
- Promote illegal drugs, illegal gambling or illegal arms trafficking;
- Contain or embody any computer virus, Trojan horse, worm, time bomb, or other similar code or hardware component designed to disable, damage or disrupt the operation of, permit unauthorized access to, erase, destroy or modify any software, hardware, network or other technology; or;
- Otherwise violate, or solicit, aid, and/or abet the violation of, any applicable law, rule or regulation.
Email And Texts
In using EvoDC Property, User must comply with all applicable requirements of the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and the Telephone Consumer Protection Act. Under no circumstances may any EvoDC Property be utilized to transmit or distribute unsolicited bulk email (“UBE” or “spam”). Likewise, the sending of UBE from another service provider advertising a website, email address, services, or utilizing any resources hosted on any EvoDC network or server is prohibited. User must maintain an abuse role account email address, i.e. “moc.niamodnull@esuba.” This address should be exempt from spam filtering and will be used as EvoDC’s point of contact for communicating violations of this paragraph.
User shall not disable, disrupt or interfere in any way with any other EvoDC customer’s use of or access to any EvoDC Property.
User shall not attempt to overwhelm any EvoDC Property or otherwise take any action that imposes an unreasonable or disproportionate large load on any EvoDC Property. In the event an excessive amount of EvoDC resources is utilized by User, EvoDC may, in its sole discretion, place limits on User’s utilization.
Denial of Service Attacks
User shall not take any action that may result in retaliation against any EvoDC or EvoDC Property, including any network thereof, including taking any action that results in any EvoDC server or IP address being targeted for a denial of service attack.
User shall not attempt to gain unauthorized access to, or tamper with, the account, network, software or other data, information, materials or other property of any other EvoDC customer or EvoDC, or to otherwise circumvent any security measures implemented by EvoDC.
User shall not use any EvoDC Property to impersonate EvoDC or any other individual or entity (including by adding, deleting or altering header information of any messages transmitted over any EvoDC network) or otherwise misrepresent User or User’s association or relationship with EvoDC or any other individual or entity or commit any form of forgery.
User shall not eavesdrop on or otherwise monitor data or traffic on any EvoDC Property (including any EvoDC network) by other EvoDC customers without the prior authorization of such customers.
User shall not use any EvoDC Property to harvest email addresses or otherwise gather, collect, distribute or use email addresses or other personally identifiable information (e.g., phone numbers, Social Security numbers, credit card numbers), without the prior authorization of the person identified.
User shall not, without EvoDC’s prior written consent, attempt (i) to probe, scan, penetrate or test the vulnerability of any EvoDC Property (including any EvoDC network) or (ii) to circumvent, deactivate, impair or breach any security or authentication measures implemented by or on behalf of EvoDC.
Personal Health Information
- Acknowledges that not all EvoDC’s Products and Services are designed to comply with the Health Insurance Portability and Privacy Act of 1996 (“HIPAA”), security standards;
- Shall not, without the prior written consent of EvoDC and execution of EvoDC’s HIPAA Addendum to Master Products and Services Agreement, use any Products or Services to create, maintain, receive, transport or store any protected health information, as defined in 45 C.F.R. §164.501 (“PHI”), and;
- Shall use only those Products and/or Services that have been designated by EvoDC as “HIPAA Compliant” to create, maintain, receive, transport or store any PHI.
- Immediately notify EvoDC of any event, condition, circumstance or activity of which User becomes aware that indicate a potential, actual, or threatened violation of this Acceptable Use Policy; and
- Take all action reasonably requested by EvoDC to prevent or mitigate any such violation or security breach.
Violation of Acceptable Use Policy
In addition to any other remedies to which EvoDC may be entitled for breach by User of this Acceptable Use Policy, in the event of violation by User of this Acceptable Use Policy, EvoDC may (but is not obligated to), with or without notice to User:
- Permanently or temporarily suspend User’s access to and right to use any EvoDC Property and/or, if applicable, remove or block access to any information, data or materials in violation of this Acceptable Use Policy; and
- Cooperate with law enforcement and other governmental authorities or other third parties in the investigation and prosecution of any actual or potential violation.
In no event shall EvoDC be liable to user for liability of any kind suffered by user or any other person arising in whole or in part from EvoDC’s exercise of its rights under this acceptable use policy.
Modifications to Acceptable Use Policy
EvoDC reserves the right to modify this Acceptable Use Policy from time to time, in its sole discretion, and the modified Acceptable Use Policy shall be effective upon posting the modified Acceptable Use Policy on this website. Any use of EvoDC Property following such posting of the modified Acceptable Use Policy shall constitute acceptance of such modified Acceptable Use Policy.
If User believes any of User’s property has been posted, distributed, transmitted or stored using any EvoDC Property in violation of User’s copyrights or other intellectual property rights, please submit the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that User claims has been infringed;
- A description of the location of the material that User claims is infringing;
- User’s address, telephone number, and email address;
- A statement by User that User has a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by User, made under penalty of perjury, that the information in User’s notice is accurate and that User is the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
This procedure is exclusively for notifying EvoDC that User’s intellectual property rights have been infringed.
EvoDC’s agent for notice of claims of copyright infringement or other intellectual property infringement via use of any EvoDC Property can be reached as follows:
Evocative, LLC. 1400 65th Street Suite 150 Emeryville, CA 94608 USA
©2018 Evocative — Revised July 17, 2018