VerticalChange Acceptable Use Policy
Last Updated Nov 30, 2022
A. General
Subvertical, LLC (“VerticalChange”) provides a variety of information, Internet, network-, and technology-related software subscriptions and services (collectively, “Services”). VerticalChange has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the VerticalChange network, systems, and facilities (“Infrastructure”) by our customers, our customers’ customers, or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. VerticalChange reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the VerticalChange Web site. By using or accessing the VerticalChange Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User and the User shall be held directly accountable therefore.
B. Acceptable Use of VerticalChange Services and Infrastructure
Users shall not use the VerticalChange Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP, the terms of any applicable agreement with VerticalChange, or any other VerticalChange policy applicable through the Agreement; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other VerticalChange customers; or (d) that may expose VerticalChange to criminal or civil liability. Users shall cooperate with VerticalChange in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure.
In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Services or Infrastructure, or assist anyone else to:
Transmit, distribute or store information or material that, as reasonably determined by VerticalChange, (a) is inappropriate, obscene (including child pornography), defamatory, threatening, abusive, advocating violence, or which violates a law, regulation, or public policy; (b) is harmful to or interferes with VerticalChange’ provision of Services, the Infrastructure, or any third party’s networks, equipment, applications, services, or Web sites (e.g., viruses, worms, Trojan horses, etc.); (c) would violate patient privacy rights as prescribed by HIPAA or other applicable laws or regulations; (d) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); (e) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”); or (f) violates generally accepted standards of Internet usage
Attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of VerticalChange IP space
Avoid incurring charges or otherwise being required to pay for Services
Transmit unsolicited bulk email messages (“Spam”); having third parties send out Spam on any user’s behalf; receiving replies from unsolicited emails (commonly referred to as “drop-box” accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (e.g., “open mail relay”). Bulk email may only be sent to recipients who have expressly requested receipt of such email messages via a “verified opt-in” process, which must be adhered to in its entirety for any bulk email to be considered “solicited” by VerticalChange. Users that send bulk email must maintain complete and accurate records of all email subscription requests (verified opt-ins), specifically including the email and associated headers sent by every subscriber, and to immediately provide VerticalChange with such records upon request of VerticalChange. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Users shall not use the Services or Infrastructure in order to (a) send email messages that are excessive and/or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, or (d) send malicious email, including, without limitation, “mailbombing”;
Violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by VerticalChange in its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules;
Violate the applicable acceptable use policies of other ISPs when data, content, or other communications are carried across the networks of such ISPs.
C. VerticalChange Rights and Remedies
VerticalChange has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. In the event that VerticalChange becomes aware that any such material may violate this AUP and/or expose VerticalChange to civil or criminal liability, VerticalChange reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. VerticalChange further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that VerticalChange believes is responsible for such violation. VerticalChange also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way VerticalChange’s rights and remedies at law or in equity that may otherwise be available.