ACCEPTABLE USE POLICY
For purposes of this Acceptable Use Policy
("AUP"), a "Customer" is defined to include any
organization, individual, company or other entity with which fundthatdeal.com
(FTD) has entered into any agreement or contract for the supply of services,
including through the FTD website. A Customer shall also be responsible for the
use of the FTD website by any subsidiaries, affiliates, partners, Authorized
Staff, suppliers, clients, or any other person gaining access to the FTD
website in any manner whatsoever, that directly or indirectly utilize the FTD
website provided to the Customer.
The Customer may only use the FTD website for lawful
purposes. The use of the FTD website in violation of any local or international
legislation or regulation is prohibited. This includes, but is not limited to,
transmission of proprietary or copyright material without the consent of the
owner, material legally judged to be threatening, offensive, or obscene, and
third party material protected by patent, trade secret or any other type of
intellectual property right, whether or not the Customer was aware of the
content of the material or of the relevant law.
FTD will fully co-operate with investigations of suspected
criminal violations and violations of systems or network security under the
leadership of law enforcement authorities.
All FTD services are for end-user use only and may not be
resold to third-parties without providing end-user information to FTD.
The Customer will indemnify and hold FTD harmless from any
claim brought by third parties alleging that use of the FTD website by the
Customer has infringed any applicable local or international legislation or
regulation. The Customer shall defend and pay all costs, damages, awards, fees
(including reasonable legal fees) and final judgments awarded against FTD
arising from such claims. The Customer shall immediately give FTD written
notice of any claim the Customer is involved with or aware of. Should the
Customer fail to do so, FTD may defend such claims at the Customer's sole cost.
FTD will cooperate with any law enforcement authorities
having jurisdiction to discourage and resist abuses of acceptable use policies.
FTD reserves the right to take corrective action upon notification to FTD of
unacceptable use by the Customer. FTD reserves the right, at its discretion and
without notice, to remove any material or data and to block the use of the
network for one or more users when their use or purpose does not meet the AUP.
The Customer may not circumvent user authentication or
security of any host, network, or account (referred to as "cracking"
or "hacking"), reverse engineer, decompile, de-construct any
programming, nor interfere with service to any user, host, or network (referred
to as "denial of service attacks").
The Customer is forbidden to send e-mail to any person who
does not wish to receive it. It is explicitly prohibited to send unsolicited
bulk mail messages ("junk mail" or "spam") of any kind
(commercial advertising, financial and investment promotions, political tracts,
announcements, etc.) or to post the same or similar messages to large numbers
of newsgroups (excessive cross-posting or multiple-posting, also known as
"USENET spam"). A Customer caught spamming on the FTD website, or who
persists in the mass distribution of unsolicited e-mail messages, will be dealt
with immediately in accordance with this AUP.
The Customer agrees, through its own operations, not to
cause disturbances, outages or other problems which may affect FTD's network or
network based equipment, or which may adversely affect FTD's ability to provide
services.
FTD reserves the right to prohibit activities that violate
this AUP or may damage its reputation.
FTD will generally not monitor private electronic mail
messages sent or received by its Customers but may conduct reasonable
investigation of a Customer (i) if required by law or (ii) upon reasonable
suspicion of a violation of this AUP to determine if there has been a violation
or (iii) when public safety may require it. FTD may at all time monitor usage
of the FTD website electronically to determine if it is operating
satisfactorily.
FTD may disclose its Customers' information or information
transmitted by means of its facilities (i) to comply with legal requirements or
(ii) where necessary to protect FTD and others from harm or (iii) where such
disclosure is necessary to the proper operation of the FTD website.
The Customer acknowledges that FTD is unable to exercise
control over the content of information passing through its facilities or
carried as a result of supplying the FTD website and is therefore not
responsible for that content.
FTD reserves the right, at its discretion and without
notice, to automatically filter, disconnect and/or deny access to any Customer
who violates this policy. This remedy shall also be applied when the Customer
has engaged in any of the foregoing activities by using the service of another
provider and, channelling such activities through a FTD account, re-mailer, or
otherwise through the FTD website, or using a FTD account as a mail drop for
responses or otherwise using the services of another provider for the purpose
of facilitating the foregoing activities, if such use of another party's
service could reasonably be expected to adversely affect the FTD website. FTD
reserves the right, where feasible, to implement technical mechanisms which
block multiple postings as described above before they are forwarded or
otherwise sent to their intended recipients.
Violation of this AUP (direct or indirect, including by a
third party) entitles FTD to remove immediately the offending material,
establish immediate or temporary filtering, deny access, suspend or terminate
one or more subscriptions to the FTD website, or take any other appropriate action,
as determined by FTD in its sole discretion, in addition to any remedies
provided by any agreement to provide access to the FTD website. FTD may give
notice of violations but FTD reserves the right to act without notice when
necessary, as determined by FTD in its sole discretion. Nothing in this AUP is
to be construed to limit FTD's actions or remedies in any way with respect to
any of the foregoing activities, and FTD reserves the right to take any
additional actions it may deem appropriate with respect to such activities,
including without limitation, taking action to recover the cost of identifying
offenders and terminating their access to the FTD website, and charging to
cover FTD's costs in the event of such termination of access or like situation.
FTD may co-operate with other service providers to discourage and resist abuses
of acceptable use policies. FTD reserves the right to take corrective action
upon notification to FTD of unacceptable use on other networks. The FTD website
may be linked to other networks world-wide and the Customer agrees to conform
to the acceptable use policies of these networks. The Customer agrees, through
its operations, not to cause disturbances, outages or other problems which may
affect FTD's or any other network or network based equipment, or which may
adversely affect FTD's ability to provide access to the FTD website.
Nothing contained in this AUP shall be construed to limit
FTD's actions or remedies in any way with respect to any of the foregoing
activities, and FTD reserves the right to take any and all additional actions
it may deem appropriate with respect to such activities, including without
limitation, taking action to recover the costs and expenses of identifying
offenders and removing them from the FTD website, and levying cancellation
charges to cover FTD's costs in the event of disconnection of dedicated access
for the causes outlined above. In addition, FTD reserves at all times all
rights and remedies available to it with respect to such activities at law or
in equity.
Customer will indemnify and hold FTD harmless from any claim
brought by third parties relating to the Customer's use of the FTD website. The
Customer must defend and pay all damages and costs (including legal fees)
arising from such claims. The Customer must immediately notify FTD of any claim
or potential claim, within the Customer's knowledge, involving the Customer
related to the FTD website. Failure to do so gives FTD the right to defend such
claims at Customer's sole cost and expense.
FTD is committed to providing quality service to all of its
Customers. While the AUP may appear harsh, FTD believes it is necessary to
ensure that it is able to provide professional, efficient, stable service
within an environment of security and trust which its Customers may require and
come to expect from an organization such as FTD.
This AUP is subject to change. Any questions regarding the
policy may be addressed to info@fundthatdeal.com. To report a suspected breach
of the FTD AUP, please contact info@fundthatdeal.com.