Exhibit A
ACCEPTABLE USE POLICY
This Acceptable Use Policy applies to persons and entities (collectively, “customers”) using the products and services of Reach Studios, LLC (“Reach Studios”). This policy is designed to protect the security, integrity, reliability, and privacy of both the Reach Studios network and the products and services Reach Studios offers to its customers. Reach Studios reserves the right to modify this policy at any time, effective immediately upon posting of the modification or written notice to Reach Studios customers. Your use of Reach Studios’ products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
1. Prohibited Uses. Unacceptable use of Reach Studios products and services includes, but is not limited to, any of the following:
a. Posting, transmission, re-transmission, or storing material on or through any of Reach Studios’ products or services, if in the sole judgment of Reach Studios such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation, including without limitation the CAN-SPAM Act of 2003 which governs email as of January 1, 2004; (b) in violation of any rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations; (c) threatening or abusive; (d) obscene; (e) indecent; or (f) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
b. Deceptive marketing practices, including misleading headers or other masking of email origin. An email may not include falsification or unauthorized use of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin.
c. Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship; or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email.
d. Relaying or retransmitting emails from a computer or computer network accessed without authorization, or use of scripts or other automated means to register multiple email accounts or online user accounts from which to transmit email.
e. Sending of email containing sexual content.
f. Actions that restrict or inhibit anyone – whether a customer of Reach Studios or otherwise – in his or her use or enjoyment of Reach Studios’ products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to the intended use of Reach Studios’ services.
g. Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
h. Introduction of malicious programs into the Reach Studios network or servers or other products and services of Reach Studios (e.g., viruses, trojan horses and worms).
i. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
j. Executing any form of network monitoring that will intercept data not intended for the customer.
k. Circumventing user authentication or security of any host, network or account.
l. Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attack).
m. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
n. Harassment, whether through language, frequency, or size of messages.
o. Solicitations of mail or any other email address other than that of the poster’s account or service, with the intent to harass or collect replies.
p. Use of unsolicited email originating from within the Reach Studios network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Reach Studios or connected via the Reach Studios network.
q. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.
2. Email Advertising Compliance. In addition to refraining from any prohibited use as set forth above, any email advertising conducted by a customer must adhere to the following terms:
a. Email Advertisements Must Contain Clear Identification. Messages containing advertisements or solicitations must be identified as such, and do so by “clear and conspicuous” means. Further, the sender must identify itself as the initiator and sender of the email including company name, email and physical address and phone number. Customers agree to comply with all applicable laws, including without limitation the CAN-SPAM Act of 2003, and shall not induce any other customer or third party to promote or allow the promotion of Reach Studios or one of its customers in violation of the CAN-SPAM Act of 2003.
b. Effective Method for Opt-Out. Senders of email covered by the CAN-SPAM Act of 2003 must provide recipients a clear and effective means of requesting to not receive future email ads from that sender. Effective means include (a) providing the recipient the ability to send a reply message or other “internet-based communication” (such as a link to a web site where the recipient registers it opting) enabling the recipient to opt-out of future emails from the sender, (b) keeping the opt-out means used viable for at least 30 days after the original message is sent, and (c) ceasing transmission of email ads to that recipient no later than 2 days after receipt of an opt-out request.
c. No Sale or Transfer of Opted-out Email Addresses. Email senders, or any other person who is aware of an opt-out request, are prohibited from selling or otherwise transferring email addresses of any persons who have opted-out.
d. No Random Generation of Email Addresses. Customers are responsible for knowing the source of their email list and may be required to provide opt-in documentation for such list. No list or email campaign may contain email addresses obtained by random generation of email addresses, and/or “scraping” web sites or online services.
3. Enforcement. Reach Studios may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or email to authorized representatives of customer as defined by Section 5.3. Prior to suspension or termination, Reach Studios attempts to work with its customers to cure violations of this policy and ensure that there is no re-occurrence; however, Reach Studios reserves the right to suspend or terminate based on a first offense.
4. Miscellaneous.
a. Reach Studios makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Reach Studios’ facilities or technology, and makes no guarantee that any other entity or group of users will be included or excluded from Reach Studios’ network. In addition, Reach Studios may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
b. Reach Studios’ policies are not intended to provide legal advice and do not summarize all impacts of non-compliance with the CAN-SPAM Act. In particular, the CAN-SPAM Act authorizes the Federal Trade Commission to clarify the CAN-SPAM Act through studies, reports, and rulemaking. As this occurs, Reach Studios may modify this Acceptable Use Policy from time to time.
c. No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
If you are unsure of whether any contemplated use or action is permitted, please contact Reach Studios at abuse@ReachStudios.com.