RLM Apparel Software Systems Inc., (“RLM”, “us” or “we”) provides Enterprise Application Software and technology related services (collectively, “Services”). This Acceptable Use Policy (“AUP”) is applicable to any and all access and use of the Services including, without limitation, use and access by (a) RLM’s customers, (b) RLM’s customers’ customers, members, and end-users, and (c) any other parties who use or access the Services (collectively, “Users”). All Users must comply with this AUP.
BY ACCESSING OR USING THE SERVICES, EACH USER AGREES TO THIS AUP. A USER IS NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SERVICES UNLESS SUCH USERS FULLY COMPLIES WITH THIS AUP.
Each customer of RLM’s agrees that it is responsible for violations of this AUP by itself and by any User that accesses the Services through such customer, whether authorized by such customer or not.
Users shall not use the Services (a) to transmit, distribute or store material in violation of any applicable law, regulation, or judicial order, (b) in a manner that violates the terms of this AUP, the terms of any applicable agreement with RLM, or any other RLM policy applicable to such Users, (c) in a manner that interferes with or adversely affects the use of the Services, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or (d) in a manner that may expose RLM to criminal or civil liability. Users shall cooperate with RLM in investigating and correcting any actual or alleged breach of this AUP.
Without limiting the generality of any other provision of this AUP, Users shall:
- not, directly or indirectly, use the Services to transmit, distribute or store information or material that (a) is inappropriate, offensive, obscene (including, without limitation, child pornography), defamatory, threatening, abusive, advocating violence or which violates a law, regulation or public policy, (b) is harmful to or interferes with RLM’s provision of Services, or the provision of any third party’s networks, equipment, applications, services, or web sites (e.g., data mining software, viruses, worms, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction tools, etc.), (c) might infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, any copyright, patent, trademark, trade secret or other proprietary right (including, without limitation, unauthorized use of domain names), (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”), and/or (e) violates generally accepted standards of Internet usage,
- not, directly or indirectly, use the Services to gain unauthorized access to or use of data, systems, including attempting to probe, scan or test the vulnerability of a system or to breach security or authentication measures (including those belonging to RLM and its customers),
- not, directly or indirectly, use the Services to access or use an Internet account or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- not, directly or indirectly, use the Services to engage in any other conduct that RLM believes, in its sole and reasonable discretion, to be illegal, abusive, or irresponsible behavior.
Cooperation with Investigations & Legal Proceedings.
RLM may, without notice to you (a) report to the appropriate authorities any conduct by you that it believes violates applicable criminal law, and (b) provide any information it has about you in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Step 1: First notice of alleged or actual AUP violation: Notification will be provided via written email notification to the administrator contact at the customer with information regarding the alleged or actual violation of the AUP. This may be a fact-finding message that requests further information or notification to you of an alleged or actual violation and the required actions you must take to resolve the issue.
Step 2: Second notice of alleged or actual AUP violation: If the notification has been disregarded, not properly addressed, or not resolved by the customer within the specified period of time requested by RLM, RLM’s staff will disable the specific user or user’s access to the RLM System.
Step 3: Suspension of Services: If you fail to address the violation and/or resolve the violation, a Suspension of Services will occur. This is a last resort for RLM and requires a complete failure in the resolution process on your part. RLM will, in its sole discretion determine, whether a Suspension of Services is permanent or temporary. In either case, a Suspension of Services may include reclamation of all Services. All content and/or data used in the Services will be destroyed upon reclamation. Customer understands and agrees that RLM assumes no liability whatsoever, either express or implied, for any lost data or lost use of the Services due to Suspension of Service. No service credits will be issued for any interruption in service resulting from violations of this AUP.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that RLM may take to enforce and ensure compliance with this AUP. RLM reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer’s violation of this AUP. While RLM will attempt to follow the procedures listed above, RLM may, without notice to you, suspend your service and/or remove any content transmitted via the Services if RLM discovers facts that lead it to reasonably believe your service is being used in violation of this AUP. You must cooperate with RLM’s reasonable investigation of any suspected violation of the AUP. RLM will attempt to contact you prior to suspension of access to the RLM Software, however, you understand and agree that prior notification by RLM is not assured nor required. RLM reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, the Services.
Except as otherwise expressly provided under the Agreement, you are solely responsible for the use of the of the RLM Software in violation of this AUP including, without limitation, (a) use by your users, vendors, customers, and contractors, and (b) any unauthorized use. RLM may charge you (and you agree to pay) RLM’s hourly rate (the “RLM Security Rate”) to correct any violation of this AUP or to repair any security breach (currently $200.00 billed in one-hour minimum increments), plus the cost of equipment and materials, if needed, to: (w) investigate, correct or otherwise respond to any violation or suspected violation of this AUP, (x) remedy any harm caused to RLM or any of its customers by the use of your service in violation of this AUP, (y) respond to complaints, and (z) have RLM’s Internet Protocol numbers removed from any “blacklist” such as SPEWs or other abuse databases. RLM retains the right, at its sole discretion, to refuse new service to any individual, group, or business. RLM also retains the right to discontinue service with notice for repeated violations of this AUP over time.
Security and Disclaimer
You must take reasonable security precautions in light of your use of the Services. You are solely responsible for any breaches of security affecting the software under your control, unless a security breach is directly caused by the willful misconduct by RLM. You must protect the confidentiality of your password(s), and you should change your password(s) periodically.
RLM has no responsibility for any material or information created by you, stored, maintained, transmitted or accessible on or through the Software. RLM is not obligated to monitor or exercise any editorial control over such data. In the event that RLM becomes aware that any such material may violate this AUP and/or expose RLM to civil or criminal liability, RLM may block access to such material and suspend or terminate any Services without liability. RLM 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 RLM believes is responsible for such violation. Nothing in this AUP shall limit in any way RLM’s rights and remedies at law or in equity that may otherwise be available. RLM is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the RLM Services. RLM disclaims any obligation to any person who has not entered into an agreement with RLM for services.