DECEMBER 1, 2016
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APPROVED USE POLICY

This Approved Use Policy (AUP) sets forth the acceptable use of DirectScale, Inc. (DirectScale) products. All users of DirectScale products must comply with this policy and all applicable laws and regulations, in addition to all terms and conditions of applicable agreements, and any additional policies that may be applicable to a specific service offered by DirectScale


DirectScale strives to provide the highest quality configurable software platforms that enable corporate clients, their employees, subscribers and their purchasers to achieve their goals by bringing networkers together, building prospect trust, providing a corporate marketing/communication platform for success and data integration and configuration tools for NetSuite. At the same time, DirectScale respects standards created within the internet community and by legislation. Illegal, inappropriate or abusive activities and conduct will not be tolerated on DirectScale products. DirectScale reserves the right to modify this AUP from time to time, without notice. Users of DirectScale products are encouraged to review this AUP often for changes or new information. Please send questions, comments, or complaints regarding this AUP to: legal@directscale.com. This Agreement was last updated on August 12, 2016.


I. COMPLIANCE
Duties

Each user is responsible for complying with this AUP. Additionally, you and your users are required to determine the conditions of, and comply with, the acceptable use policies or equivalent documents of all network(s) on which your data transits. Users will be held responsible for the actions of any third party agent that acts on their behalf or for their benefit and shall be held directly accountable for any violations of this AUP by third party agents. DIRECTSCALE does not control the content of data traversing DIRECTSCALE products; accordingly, DIRECTSCALE assumes no responsibility for the content of any data or communication that may be transmitted over DIRECTSCALE products.


Configuration

All systems which are connected to DIRECTSCALE products shall be configured in accordance with industry standards, applicable laws and regulations. Systems connected to DIRECTSCALE products shall not be configured in any way which obscures system-identity information. Proxy servers of any kind shall be configured so as to prevent unauthenticated use from the public internet.


Reporting Obligations

Users of DIRECTSCALE products are responsible for immediately reporting to DIRECTSCALE any issues, which could compromise the stability, service or security of any user or system connected to DIRECTSCALE products.


Downstream Responsibilities

Users of DIRECTSCALE products are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to their customers actions. Breach or non-compliance of this AUP by a resellers customer or end-user shall be considered a violation by you the user, your customer and/or your end-user of this AUP.


Proprietary Rights

DirectScale reserves all rights, title and interest in and to its products, including all related intellectual property rights. Except as expressly set forth herein, no rights are granted to you hereunder.


II. PROHIBITED USES

These lists are not meant to be exhaustive, but merely illustrative of examples of inappropriate and improper conduct, which are prohibited on DIRECTSCALE products. These lists are not meant to supercede any Subscriber Agreements entered into by certain users of DirectScale products.


Illegal Use

DIRECTSCALE products may only be used for lawful purposes. The transmission, distribution, or storage of any data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to material or data which:

  • Infringes any copyright, trademark, trade secret, or other intellectual property right.
  • Violates export control laws or regulations.
  • Violates any parties confidentiality rights.
  • Constitutes use or dissemination of child pornography.
  • Is illegal or unlawful in any state, country, province or nation.


Abuse

Users of DIRECTSCALE products must configure their systems in a secure manner. Should a users system be exploited by unauthorized persons, the user is responsible for both reporting the violation (where applicable), and then fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, the user is responsible for immediately re-configuring the system to prevent further unauthorized use. Users are prohibited from interfering or attempting to interfere with services (Denial of Service Attacks), whether intentionally or through neglect, of any other user, host, or network. The prevention of ‘unintentional attacks’, such as infection and subsequent propagation of computer viruses, are the responsibility of every user.


E-Mail

Users are prohibited from engaging in improper use or distribution of electronic mail (e-mail). Users are strictly prohibited from engaging in any of the following activities:

  • Sending unsolicited mass or commercial e-mail (spamming) for any purpose whatsoever.
  • Having third parties send out commercial emails on any users behalf.
  • Violates any partys confidentiality rights.
  • Using DIRECTSCALE products to receive replies from unsolicited emails (commonly referred to as drop-box accounts).
  • Configuring any email server in such a way that it will accept third party emails for forwarding (commonly known as an open mail relay). If a site has roaming users who wish to use a common mail server, the mail server must be configured to require some form of user identification and authorization.

Mass or commercial email may be sent only to recipients who have expressly requested receipt of such e-mails, by the sending of an email request to the person performing the mass or commercial mailings. This exchanging of requests, acknowledgements, and final confirmations (commonly referred to as a double opt-in process) must be adhered to in its entirety for any mass or commercial email to be considered solicited by DIRECTSCALE.

Users that send mass or commercial e-mail are required to maintain complete and accurate records of all e-mail subscription requests, specifically including the email and associated headers sent by every e-mail subscriber, and to immediately provide DIRECTSCALE with such records upon request of DIRECTSCALE. E-mail subscriptions that do not have a specific recipient generated email request associated with them are invalid, and are strictly prohibited.

DirectScale will allow the passing of email opt-in information as long as the subscribe date and subscribe IP information that is passed is verifiable. DirectScale will randomly check this information and confirm the source. There cannot be any subscribe IP in the DirectScale database that is used more than 3 times.

In the absence of positive, verifiable proof to the contrary, DIRECTSCALE considers complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the e-mail(s) about which a complaint was generated.


Enforcement

DIRECTSCALE will provide notice to you of violation(s) of any provisions of this policy with written notice, which notice can be provided via e-mail, fax or USPS, with the desire that you cure the violation(s). Prior to suspension or termination, DIRECTSCALE will attempt to work with You to cure violations of this policy and ensure that there is no re-occurrence; however, DIRECTSCALE reserves the right to suspend or terminate based on a first offense, after attempting to resolve the violation with 3rd party providers as required by backbone providers, SPAM regulatory services, or as required by State or Federal Law.


III. MONITORING

Use of certain DirectScale products will cause data you enter to be stored on equipment operated by DirectScale, its partners or suppliers. You agree that DirectScale has a controlling interest in such data. While you may use such data, you may not sell, license, rent or otherwise gain from such data except as authorized in writing by DirectScale. You agree to allow DirectScale to gather analytical data from your use of the product and contact you for the purpose of gathering data for new product development. DirectScale may solicit you by means such as adding tabs, buttons/links, pop-up dialogs, etc. to the web office user interface. You specifically agree that all user data created by your use of the product can be accessed by DirectScale. DirectScales monitoring can include but is not necessary limited to:

  • recording user sessions
  • tracking web page link usage
  • a/b feature testing
  • user polls
  • user surveys
  • user interviews
  • tracking clicks, behavior and user date via google analytics
  • displaying content from external sources
  • push notifications
  • accessing address books
  • use of GPS
  • payment analysis
Note:

All information gathered from the usability studies and interviews will be used solely for product development. No information gathered through end-user participation studies will be sold or shared to anyone outside of DirectScale.

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