Applicable Law‍

You will use the Platform at all times in accordance with all laws, rules, regulations, statutes, interpretations, court or judicial orders and other legally binding actions or interpretations of applicable governmental or regulatory bodies having jurisdiction over you, or in the jurisdiction(s) where you direct your own use of the Platform.  This includes, without limitation, export laws and encryption regulations, personal data protection laws (including those of the United States and any other country, territory, or jurisdiction from which you collect or use personal data), and data localization and sovereignty laws.  

Acceptable Use‍

You are solely responsible for any and all content, material and data that you maintain, transmit, download, view, post, distribute or make available using the Platform, and any third-party claims arising out of such activities.  You are responsible for violations of this AUP by anyone using your account, with your permission or on an unauthorized basis.  For avoidance of doubt, you are responsible for violations of this AUP by your own authorized users.  If you use the Platform to assist another person or party in an activity that would violate this AUP if performed by you directly, such assistance shall be a violation of this AUP.   

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Notwithstanding the generality of the foregoing, you will not, nor will you permit or allow anyone else to, use the Platform to transmit, distribute or store material: (a) in violation of this AUP, the terms of any applicable agreement with TIC or any other TIC policy applicable to you; (b) that interferes with or adversely affects the Platform or use of the Platform by others; or (c) in a manner that exposes TIC to criminal or civil liability.  You will cooperate with TIC in investigating and correcting any breach of this AUP.  If you resell or provide the Platform to your own customers, you must contractually pass on the restrictions of this AUP to your customers and ensure compliance by your customers with this AUP.

The following activities are prohibited, without limitation.

• Illegal Acts. Using the Platform to promote or encourage any illegal act or activity, including using the Platform to directly publish, transmit, distribute or store content, material, information or data that is illegal under Applicable Law.
  
• Harassing or Abusive Acts or Material: Publishing, transmitting, distributing or storing any material that is or may be reasonable considered to be obscene, offensive or otherwise objectionable, defamatory, libelous, threatening, harassing, abusive or hateful, that violates the rights of others, or that advocates violence or threatens the health of others.
• Intellectual Property Rights Violations. Using the Platform in a manner that infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other proprietary rights of any third party, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names), and publishing material intended to assist others in unlawfully circumventing technical measures which are intended to protect such rights. 
• Fraudulent or Harmful Acts. Using the Platform in an activity which is fraudulent or harmful to others, or which contains false, deceptive or misleading statements, claims or representations (such as “phishing” or “pharming”), impersonating another person or entity, or in a manner that may harm TIC’s reputation.
• Controlled Substances. Unlawfully selling, distributing or promoting controlled substances, including but not limited to any illegal or prescription drugs (other than with a valid prescription from a medical professional authorized to dispense such substances in the applicable jurisdiction). 
  

Security Breaches. You will not use the Platform, or assist anyone else, to attempt to disrupt, degrade, impair or violate the integrity or security of the Platform or any of the computers, communications systems, software applications, or networks or other computing systems (collectively, the “Systems”) used in connection therewith. Such prohibited activities include:

• Unauthorized Access. Using or accessing, actually or attempted, any Systems without TIC’s express, written permission, including attempting to breach the security measures used in connection with any Systems. Unauthorized access violations include any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of TIC internet protocol space.
• Interception. Monitoring of data or traffic on the Systems without TIC’s express, written permission.
• Harmful Software. Material, software or other technology that may damage, interfere with, intercept or expropriate any computer system, program, or data, including viruses, malware, spyware, adware, Trojan horses, worms or time bombs.
• Falsification of Origin. Using fake or misleading TCP-IP packet headers, e-mail headers, or any part of a message describing its route or origin.

Network and Systems Abuse. You will not use the Platform, or assist anyone else, to make Systems or network connections to any users, hosts, or third-party networks unless you have express permission to communicate with them. Such prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of the Systems that impairs or disrupts the Systems being monitored or crawled, or other harvesting or scraping of any content of the Platform.
• Intentional Interference. Interfering with the proper functioning of any Systems, including intentionally, knowingly, or recklessly introducing any virus or other contaminating code into the Platform or Systems; any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS”) attack; or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).
• Avoiding Systems Restrictions. Using manual or electronic means to avoid any use limitations placed on any Systems, such as access limits and storage restrictions.
• Withholding Identity. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.

You may not use the TIC Platform or any TIC Systems which may be provided or made accessible to you in a way that unnecessarily interferes with the normal operation of the same, or that consumes a disproportionate share of the resources of the same. You agree that we may quarantine or delete any data stored on shared Systems if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the Systems or other users’ data that is stored on the same system.

Spam, Email Relays, Bulk Messages.  You will not use the Platform, or assist anyone else, to transmit unsolicited bulk e-mail or text messages (“Spam”); have third parties send out Spam on your behalf; receive replies from unsolicited e-mails or texts (commonly referred to as “drop-box” accounts) or configuring any portion of the Platform in such a way that it will accept third party messages for forwarding.  You shall use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against Spam, including where appropriate by the installation of antivirus software, firewalls and/or operating system and application software patches and updates. You shall not take any action which directly or indirectly results in any of TIC’s IP addresses being listed on any abuse database.

Bulk messages may only be sent to recipients who have expressly requested receipt of such messages via a verified opt-in process.  If you send bulk messages, you must comply with all laws and regulations applicable to the same, and must maintain complete and accurate records of all subscription requests (verified opt-ins), specifically including the contact details (email or phone numbers) and associated headers sent by every subscriber, and immediately provide TIC with such records upon TIC’s request.  In addition, your bulk or commercial messaging must adhere, at minimum, to the following:

• You must have a privacy policy or similar disclosure for each domain associated with the messaging;
• You must not obscure the source of your message in any manner;
• You must post contact information for complaints in a conspicuous place on any website associated with the messages, and promptly respond to messages sent to that address;
• You must honor revocations of consent and notify recipients of the same.

You are prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Platform, and in any event you will not use the Platform to: (a) send any messages that are excessive and/or intended to harass or annoy others; (b) continue to send messages to a recipient that has indicated that he/she does not wish to receive them; or (c) send malicious messages, including, without limitation, “mailbombing;”
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