Prohibited Uses Policy

ACES’ goal is to provide the highest quality software to our Clients. ACES does not intend to actively screen, review, censor, edit or take responsibility for any content provided by Client through the use of the Licensed Software. This places on Client the burden and responsibility to ensure that Client’s and Client’s Authorized Users’ use of the Licensed Software does not violate the terms of this Prohibited Uses Policy (the “Policy”). However, ACES does reserve the right, in its sole and exclusive discretion, to terminate Client’s license to use the Licensed Software for any reason, including, but not limited to:

1. Client’s violation of any laws;
2. Client’s violation or breach of any terms and conditions of any agreement with
3. ACES or the Licensed Software Owners;
4. Client’s violation of the terms of this Policy.

PROHIBITED USES

Uses that ACES considers inappropriate, and thus prohibited, include, but are not limited to:

• Accessing (or obtaining or using administrator passwords for) the administrative servers, firewalls, or any network equipment or hardware owned or controlled by ACES or the Licensed Software Owners.
• Allowing any third parties (including but not limited to Client’s agents, contractors or advisors) to access or use the Licensed Software without ACES’ express prior written consent.
• Using, combining or operating the Licensed Software with any technology (including any software, hardware, firmware, tools, accessories, components, system or network) or service not provided by ACES.
• Using the Licensed Software to violate any law, statute, ordinance or regulation (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising);
• Using the Licensed Software to sell any product or service that is unlawful at the location where the content is posted or received;
• Using the Licensed Software to post any content or material that is obscene, lewd, lascivious, filthy, excessively violent, unlawfully harassing or threatening or otherwise objectionable (as defined in 47 U.S.C. § 230(c)(2)(A) or other applicable law or regulation);
• Using the Licensed Software to post any content that advocates, promotes or otherwise encourages violence against any government, organization, group or individual or that provides instruction, information or assistance in causing or carrying out such violence;
• Using the Licensed Software to post any content that holds ACES (or any of its affiliates, employees or shareholders) up to public scorn or ridicule;
• Using the Licensed Software for the provision of any service that competes with any of ACES’ Licensed Software or Services;
• Using the Licensed Software to post any content that violates or infringes on any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right or any right of publicity of any third party;
• Failing to obtain all required permissions when using the Licensed Software to receive, upload, download, display, distribute or execute programs or perform other works or derivative works protected by intellectual property laws including copyrights and patent laws;
• Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner;
• Using the Licensed Software in a tortious manner, including posting libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Promoting, marketing or otherwise directing traffic (directly or indirectly) to a Web site hosted by the Licensed Software (including, but not limited to, Client’s particular Web site) through the use of unsolicited commercial mass email or spam;
• Violating the personal privacy rights of others or Client’s stated privacy policy. This includes, but is not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
• Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, or take any other actions intended to cloak Client’s or Client’s users’ identities or contact information;
• Using the Licensed Software to gain illegal or unauthorized access to other computers or networks through hacking or other means;
• Using the Licensed Software to violate export controls, including limitations on the export of encryption software over the Internet or otherwise to points outside of the United States; and
• Assisting in engaging or permitting any persons to engage in any of the activities described above.

If Client should become aware of any such activities, Client will promptly report such activities to ACES and use its best efforts to stop such activities immediately, including, if necessary, terminating Client’s user’s access to Client’s facilities and the Licensed Software.

MODIFICATION OF POLICY

ACES reserves the right to change this Policy, in whole or in part, at any time, and any changes will be effective immediately upon posting. Client is responsible for regularly reviewing this Policy. Client’s continued use of the Licensed Software following any changes will constitute Client’s acceptance of the changes.