Acceptable Use Policy
This Acceptable Use Policy (this “Policy”) governs the usage of Direct Response Technologies’ Products and Services (”DirectTrack,” “Products,” and “Services”). This Policy is incorporated into the DirectTrack Terms of Service Agreement that Digital River Marketing Solutions, Inc., (dba) Direct Response Technologies (“We,” “Us,” and “Our”) enters into with each subscriber (each, a “Subscriber”) for the use of DirectTrack. Digital River Marketing Solutions, Inc., (dba) Direct Response Technologies is the owner of DirectTrack.
This Policy applies to each Subscriber and its employees, agents, contractors, resellers, or other users of such Subscriber who obtain Products and Services from Direct Response Technologies (each such person being a “User”).
Subscriber and Publisher Policy Requirement (Inappropriate Actions)
Subscriber and Subscriber´s publishers must meet the minimum basic requirements listed below in order to qualify to use DirectTrack:
No unsolicited commercial email. We do not permit spam or forced opt-in when using DirectTrack code;No racial, ethnic, political, hate-mongering, defamatory, pornographic, threatening, or otherwise objectionable content;No software pirating (e.g., Warez) or hacking;Using DirectTrack URLs in emails is prohibited;Compliance with the rules, regulations, and laws of each applicable country and/or province where Subscriber and/or Subscriber´s publishers conduct business is required; Compliance with DirectTrack Terms of Service Agreement;Using DirectTrack to restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy DirectTrack, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information; Using DirectTrack to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to DirectTrack, or otherwise cause a performance degradation to any facilities, equipment or networks used to deliver DirectTrack;Using DirectTrack to post any content that holds DirectTrack its affiliates and parent company, and their employees or shareholders up to public scorn or ridicule or would in any way damage or impair their reputation or goodwill; Assigning, reselling, sublicensing, or otherwise making DirectTrack available to third parties for their own use, except as expressly permitted by the terms of a customer’s agreement with DirectTrack; Reverse engineering, decompiling, disassembling, or otherwise attempting to learn the source code to DirectTrack; Bundling DirectTrack as part of a customer’s own product offering, without the express prior written consent of DirectTrack; Selling, leasing, renting, or otherwise making available data learned through DirectTrack in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of any third party for any reason other than to assist the customer in its normal business activities; Activities which adversely affect the ability of other people or systems to use DirectTrack or the Internet (including without limitation “denial of service” attacks against DirectTrack servers, network hosts or individual users; Using DirectTrack to violate any third-party rights throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (a) copyrights, trade secrets, trademarks and service marks, patents, inventions, designs, logos and trade dress, “moral rights,” mask works, publicity rights, and privacy rights; and (b) any application or right to apply for any of the rights referred to in clause (a), and all renewals, extensions and restorations.
This is intended to be an illustrative, and not exhaustive, list of Subscriber Requirements and Inappropriate Actions. The examples identified in this list are in addition to the content identified in the agreement between Direct Response Technologies and its customer pursuant to whose agreement you are given the right to access DirectTrack and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted or wish to report a violation of this AUP, please contact Direct Response Technologies at office@directresponse.com.
Reservation of Rights
Digital River Marketing Solutions, Inc., (dba) Direct Response Technologies reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving DirectTrack, and Subscribers and other users. We reserve all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. We may utilize technical means to monitor communications and otherwise to enforce this Policy and each Subscriber agrees that we are authorized to monitor its communications for such purposes.
Remedy
A violation of, or an alleged violation of any of the above policies, may result in immediate termination of Subscriber, in our sole discretion without liability to Digital River Marketing Solutions, Inc., (dba) Direct Response Technologies.
