1. Introduction and Applicability of Approved Use Policy
MLM Protec, LLC and its subsidiaries, parent companies, and affiliates (collectively “Company”) have adopted this Approved Use Policy (“AUP”) to govern the use of their services (the “Services”) by their users and customers including those who have gained access to the Services through subscriptions and membership agreements and accounts (“Users” or “you”).
“Services” includes the Company’s SaaS customer management platform for direct and social selling companies. The platform, which includes a commission engine, e-commerce module, distributor portal, admin console and more, is configurable and extensible by users or their third party service providers. The term “Services” also includes the website mlmprotec.com, applications, mobile applications, tools, software, personalized content, professional services, products, and our other subscription services and tools. All users of Services 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 Company.
By using the Services, you acknowledge that you and your Users are responsible for compliance with this AUP, and agree to be bound by this AUP. You are responsible for violations of this AUP by any User that accesses the Services through your account, which includes, without limitation, Users for whom you provide services or goods. Company does not intend to control or monitor any User’s experience or the content of their online communications, however, Company reserves the right to disconnect or otherwise terminate your access to the Services for usage that violates (or may violate) the AUP or that otherwise appears unlawful. This AUP applies to all aspects of the Company’s Services across its network, including equipment, systems, facilities, services and products incorporated or used in any manner. This AUP is designed to protect the Company, the Services, Users, Users, and the Internet community from improper or illegal activity across the Internet, to improve the Services and to improve Services offerings.
The use of the Services by a User is subject to the terms and conditions of any agreements entered into by such User and Company. This AUP is incorporated into such agreements by reference. Certain products or services provided through the Services may have additional terms and conditions, which govern in the event of any inconsistency with this AUP.
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. Company does not control the content of data traversing Company products; accordingly, Company assumes no responsibility for the content of any data or communication that may be transmitted over Company Services.
If you do not wish to be bound to this AUP, you should not access, subscribe to, or otherwise use the Services. Company may modify this AUP at any time, without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at https://www.MLMProtec.com
2. Prohibited Uses
Illegal Activity. You may access and use the Services for lawful purposes only. You are responsible for any transmission you or your customers send, receive, post, access, or store via the Services. Company strictly prohibits the use of the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty). This prohibition includes, but is not limited to, the use or transmission of any data that is protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. Some examples of unlawful conduct include:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, explicit, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
Unauthorized Access/Interference. A User or User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any portion of the Services. A User may not use the Services to engage in any activities that may interfere with the ability of others to access or use the Services. A User or User may not use the Services to monitor any data, information, or communications on any network or system. A User or User is strictly prohibited from attempting to gain access to the user accounts of other Users, or violating system or network security, each of which may result in criminal and civil liability. Company may, but is under no obligation to, monitor equipment, systems and network equipment at any time for security and management purposes. Examples of prohibited unauthorized access or interference include:
- Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
- Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
- Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
- Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
- Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Company or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Company customer or other end-user. Company may, but is not obligated to, take any action it deems necessary to protect the Services, its rights or the rights of its customers or third parties, or (2) optimize or improve the Services, services, systems, and equipment. Company may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.
- Failure to Abide by Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or that you access.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.
Spoofing/Fraud. Users are prohibited from intentionally or negligently injecting false data into the Internet via the Services, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information. A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception via the Services. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User’s or identity in connection with use of the Services is also prohibited.
Unsolicited Commercial E-mail/Spamming. A User or User may not use the Services to transmit unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient, or files that disrupt a server, account, newsgroup, or chat service. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient using the Services or Services is prohibited. In addition, “spamming” or “mail-bombing” using the Services is also prohibited.
Company may, in its sole discretion, rely upon information obtained from anti-spamming organizations (including, for example and without limitation, spamhaus.org, spamcop.net, sorbs.nte, and abuse.net) as evidence that a User or User is an active “spam operation” for purposes of taking remedial action under this AUP.
Miscellaneous Prohibited Activities. Company prohibits Users from using the Services for any prohibited activities, including, but not limited to, the following activities:
- Intentionally transmitting files containing a computer virus or corrupted data.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to deliver unsolicited commercial e-mail.
- Any activity that disrupts, degrades, harms or threatens to harm the Services or the Services.
- Any other inappropriate activity or abuse of the Services (as determined by Company in its sole discretion), whether or not specifically listed in this AUP, may result in suspension or termination of the User’s access to or use of the Services.
Complaints. Company reserves the right to suspend access. If Company receives complaints directly from consumers, Internet users, through Internet organizations and through other parties, Company shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking action under this AUP. A complaint from the recipient of commercial e-mail, whether received directly, or through an anti-spamming organization, shall be evidence that the message was unsolicited. Company has no obligation to forward the complaint to the User, or to identify the complaining parties.
Company Right of Action for Prohibited Actions. The actions described in this Section are non-exhaustive, and Company reserves the right to take appropriate action to remedy any conduct which it deems to be a violation of this AUP or otherwise may be harmful to the Services, its Users, or Internet users.
3. Company’s Rights
Suspension or Termination of Services. If Users engage in conduct or a pattern of conduct, including without limitation repeated violations by a User whereby correction of individual violations does not, in Company’s sole discretion, correct a pattern of the same or similar violations, while using the Services that violates the AUP, or is otherwise illegal or improper, Company reserves the right to suspend and/or terminate the Services or the User’s access to the Services. Company will generally attempt to notify the User of any activity in violation of the AUP and request that the User cease such activity; however, in cases where the operation of the Services is threatened or cases involving unsolicited commercial e-mail/ spam, a pattern of violations, mail relaying, alteration of the User’s source IP address information, denial of service attacks, illegal activities, suspected fraud in connection with the use of Services, harassment or copyright infringement, the Company reserves the right to suspend or terminate the Services or the User’s access to the Services without notification.
In the event that Company becomes aware that any such material may violate the terms of this AUP and/ or expose Company to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (“DMCA”), Company reserves the right to block access to such material and suspend or terminate the access of any User creating, storing, copying, or communicating such material, including any user whom Company becomes aware the User has engaged in any of the foregoing activity multiple times.
Company reserves the right to avail itself of the safe harbor provisions of the DCMA. Company does not make any promise, nor does Company have any obligation, to monitor or police activity occurring using the Services and will have no liability to any party, including a User, for any violation of the AUP.
Investigation and Enforcement. Company has the right, but is not obligated, to strictly enforce this AUP through self-help, active investigation, litigation and prosecution. Company shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using the Services or the Services, but reserves the right to do so. In addition, Company may take any other appropriate action against the User for violations of the AUP, including repeated violations wherein correction of individual violations does not, in Company’s sole discretion, correct a pattern of the same or similar violations.
Company further reserves the right to conduct investigations into fraud, violations of the terms of this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Company deems responsible for the wrongdoing.
Cooperation with Law Enforcement. Company may also access and disclose any information (including transactional information) related to a User’s access and use of the Services for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting Company’s rights or property and those of its Users; or (4) protecting Users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services.
Company will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.
Filters and Service Information. Company reserves the right to install and use, or to have User install and use, any appropriate devices to prevent violations of this AUP, including devices designed to filter or terminate access to the Services. By accepting and using the Services and allowing Users to use the Services, User consents to allowing Company to collect service information and routing information in the normal course of its business, and to use such information for general business purposes.
4. Disclaimer of Warranties and Liability
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR ACCESSED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE SERVICES IS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE AVAILIABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES FROM THE USE OF THE SERVICES THAT ARISE UNDER ANY CAUSE OF ACTION, INCLUDING THOSE THAT RESULT FROM YOUR USE OF THE SERVICES, ANY SERVICES OFFERED THROUGH THE SERVICES, OR ANY TRANSACTION PERFORMED THROUGH THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF KNOWN BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICES WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Indemnification. The User agrees to indemnify, defend and hold harmless Company, its officers, managers, directors, employees, agents, members, shareholders, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise from: (1) any violation by the of this AUP or the acceptable use policy of any third party network provider contracted by Company in support of the Services; (2) any violation of any rights of a third party by the User; (3) any violation of applicable law; (4) information or content that a User submits, posts, transmits or makes available through the Services; or (5) User’s use of the Services.
5. User Responsibilities
Notice of Network Security Issues. Users are entirely responsible for maintaining the confidentiality of password and account information, as well as the security of their network. Users and Users agree to immediately notify Company of any unauthorized use of their accounts or any other breach of security known to you. If the User or User becomes aware of any violation of this AUP by any person, including Users that have accessed the Services through User’s account, the User or User is required to notify Company.
Impending Security Event Notification. All Users of the Services are responsible for notifying Company immediately if they become aware of an impending event that may negatively affect the Services. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
Complaints. In most cases, Company will notify its User(s) of complaints received by it regarding an alleged violation of this AUP. You agree to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. Company may inform the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You are required to identify a representative for the purposes of receiving such communications.
6. Miscellaneous Provisions
Governing Law.This AUP is governed by and construed under the laws of the State of Nevada without regard to its conflict of laws principles. The federal courts within the state of Nevada and state courts in Nevada, have exclusive jurisdiction over and venue of any suit that relates to this AUP. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules, and regulations.
No Waiver and Severability of Policy. Failure by Company to insist upon or enforce strict performance of any provision of this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this AUP. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is found to be unenforceable or invalid, this AUP’s unaffected provisions will remain in effect.
Complaints and Contact Information. Any complaints regarding prohibited use or other abuse of the Services, including violation of the AUP, should be sent to Company at support@MLMProtec.com. Please include all applicable information that will assist Company in investigating the complaint, including all applicable headers of forwarded messages.
If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to support@MLMProtec.com.