ScribbleLive's customers (each a "Customer") must exercise a high degree of judgment and responsibility with respect to their use of ScribbleLive's services and they must comply at all times with this Acceptable Use Policy (the "Policy"). If a Customer or any third party affiliate of a Customer engages in any of the prohibited conduct identified below, this Policy will be deemed to be violated and ScribbleLive reserves the right to terminate its relationship with the Customer, including any Professional Services or Service Agreement then in effect with the Customer, or to take any other action provided by the relevant agreement. Upon detection or notification of an alleged violation of the Policy and prior to exercising any right of termination, ScribbleLive will initiate an immediate investigation into the violation. During the period of investigation, ScribbleLive services and/or outgoing publishing, content or syndication may be suspended from the offending user, Customer, or IP address(s) to prevent further violations. If a Customer is found, in ScribbleLive's reasonable determination, to be in violation of this Policy, ScribbleLive may, at its discretion and without notice to the Customer, remove any or all content from an account, terminate or suspend the offending account and/or terminate or suspend any or all services under any Service Agreement then in effect with the Customer. No refunds or fees shall be repayable to the Customer in the event of such termination or during any period of suspension.
(1) System Abuses
The Customer may not use the ScribbleLive network or services in any way that adversely affects other ScribbleLive customers. This includes but is not limited to:
- a) gaining or attempting to gain unauthorized access to servers or services. Such attempts include: "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities;
- b) Exceeding or ignoring the TTL on any ScribbleLive service or feed;
- c) introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots, cross-site scripting, SQL injection or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- d) intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses;
- e) engaging in any of the foregoing activities using the service of another provider but channeling such activities through a ScribbleLive account.
Please note: Unmoderated or poorly moderated chat or discussion interfaces and other resource intensive uses of ScribbleLive may not be suitable for ScribbleLive and can adversely affect the service of other customers. To avoid problems please consult with a ScribbleLive sales representative before using ScribbleLive for these types of uses.
(2) Posting of Adult Content and Links
Adult related content including adult-oriented images, text and links ARE ONLY permitted on ScribbleLive with prior written permission from ScribbleLive.
(3) Posting of Illegal or Inappropriate Content
The Customer must not include content or have links to content that is unlawful or which comprises, includes, teaches or promotes:
- a) defamatory, fraudulent or deceptive statements;
- b) threatening, intimidating, abusive or harassing statements;
- c) statements advocating injury or physical harm against any group or individual;
- d) content that violates the privacy rights or intellectual property rights of others;
- e) content that unlawfully promotes or incites hatred;
- f) content that is otherwise reasonably considered offensive or objectionable by the relevant web community; or
- g) any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.
- h) illegal activities
- i) content that exploits or depicts children in a negative/sexual way;
- j) content that infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes;
- k) content that violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
(4) Prohibited Activities
Without limitation, the Customer may not use (or allow anyone else to use) our Services to:
- a) use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
- b) participate in any illegal soliciting or gaming schemes;
- c) attempt to use the Services in such a manner so as to avoid incurring charges for usage;
- d) participate in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
- e) invade another person's privacy, collect or store personal data about other users, or stalk or harass another person or entity;
- f) access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";
- g) upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightholder;
- h) use, reproduce, distribute, sell, resell or otherwise exploit the Services or content we provide or which you obtain through the Services for any commercial purposes unless expressly authorized to do so by ScribbleLive;
- i) copy, distribute, sub-license or otherwise make available any software, service or content we provide or make available to you or which you obtain through the Services, except as authorized by ScribbleLive;
- j) restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our networks, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing mass or unsolicited e-mail ("spam") or other messages, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
- k) disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Services, any transmissions or data;
- l) interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges ("hacking"), or attempting to "crash" a host;
- m) use the Services for anything other than your own personal purposes (such as reselling the Services, providing Internet access or any other feature of the Services to any third party) or share or transfer your Services without our express consent;
- n) impersonate any person or entity, including, without limitation, a ScribbleLive official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
ScribbleLive Administrative Access
The Customer acknowledges that to facilitate efficient server management, inventory and related activities ScribbleLive servers may include a ScribbleLive administrative account and password, user event and page tracking code and/or any ScribbleLive monitoring or resource management systems or code. All reasonable precautions are made by ScribbleLive to maintain the security of these tools and the privacy of client data. The Customer will not tamper, hinder, delete or in any way change the functioning of these tools.
ScribbleLive cannot monitor or control all the activities of the Customers. Subject to its right to suspend or terminate use of its services or accounts by a Customer which has violated this Policy, ScribbleLive exercises no control over Customer content and does not actively screen or censor the activities or content of Customers. The Customer, not ScribbleLive, assumes all responsibility and liability relating to its Internet activities.