PIGFLOW™ ACCEPTABLE USE POLICY
THIS ACCEPTABLE USE POLICY (THIS “POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH SWINETECH FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY.
SwineTech reserves all rights including the right to revise, amend, or modify this Policy or any other policy at any time, and any such revisions will be effective ten (10) days after posting on SwineTech’s website at https://swinetechnologies.com/legal/ . YOU agree that YOUR continued use of the Service after the effective date of any such revision, amendment or modification will constitute YOUR acceptance thereof and YOU shall thereafter be bound by the terms of this Policy, as revised, modified or amended. IT IS YOUR RESPONSIBILITY TO CHECK SwineTech’s website regularly, as all or any part of this Policy may change without notice.
This Policy applies to “You”, as an end-user, of SwineTech’s PigFlow software suite (the “Services”) and is incorporated into the License, Service and Product Usage Terms and Conditions executed by the Swine-Tech Customer on on whose behalf You are creating an account. By using the Serivces, you agree to complay and be bound by this Policy. Your use and access to the Services is conditioned on legal and appropriate use of the Services. If You do not agree to be bound by this Policy, You must not use the Services.
PROHIBITED USES OF THE SERVICE. For the benefit of all of SwineTech’s Customers, as a condition of the Service, SwineTech prohibits the following activities:
- Unlawful or Improper Use of the Service. YOU may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, YOU may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any SwineTech property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Service, including other SwineTech subscribers and end-users. YOU may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such Services. YOU may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account that YOU are not expressly authorized to access, or probing the security of other networks. YOU may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. YOU may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet. The Service is intended for periodic, active use. YOU may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.
- Intellectual Property Infringement. YOU may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material. YOU are also prohibited from using the service to interfere with any technical measures employed by SwineTech that are used to ensure compliance with this Policy.
- Objectionable Material. YOU may not use the Service to solicit, store, post, transmit, disseminate, or otherwise make available data or information that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation.
- Invasion of Privacy or Unauthorized Disclosure of Data. All data contained available in the Services is property of either SwineTech or its Customers. Unauthorized disclosure of such data by you for any purpose, including, but not limited to, news or information gathering, violating the privacy rights of any individual, breaching the confidentiality of any Customer, or embarrassing any individual or Customer is expressly prohibited.
- Fraudulent Activity. YOU may not use the Service to make to engage in any fraudulent or criminal activity.
- Impersonation. YOU may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, YOU may not use login credential for which you are not expressly authorized. Further, YOU may not alter, obscure or forge the MAC or IP addresses of the network’s equipment or systems used by SwineTech to provide the Service.
- Software Viruses. worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment are not permitted.
- Collecting Information. YOU may not use the Service to store or collect, or attempt to store or collect, information about third parties without their prior knowledge and consent.
- Use of Your Account by Others. YOU may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this Policy. YOU may not permit YOUR network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this Policy.
- Hacking. YOU may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
- Facilitating a Violation of this Policy. YOU may not advertise, transmit, or otherwise make available any software product, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Export Control Violations. YOU may not use the service for the transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
- Other Illegal Activities. YOU may not use the service in violation of any applicable law or regulation.
ILLEGAL AND FRAUDULENT ACTIVITY
YOU acknowledge and agree that SwineTech may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. End-users who violate systems or network security may incur criminal and/or civil liability. SwineTech may immediately suspend or terminate YOUR access to the Service if SwineTech suspects abuse or fraudulent use of the Service, interference with our network, or violation of this Policy, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. YOU must cooperate with SwineTech in any fraud investigation and use any fraud prevention measures that SwineTech prescribes. YOUR failure to provide reasonable cooperation may result in YOUR liability for all fraudulent usage.
VIOLATIONS OF Policy
- In the event of an actual or suspected violation of this Policy, SwineTech may, without limitation, restrict YOUR access to SwineTech’s network, or immediately suspend or terminate YOUR access to the Service. Except as expressly provided herein, the rights and remedies of SwineTech are cumulative and not exclusive of any rights or remedies that SwineTech may otherwise have at law or in equity. Waiver of any violation of this Policy by SwineTech shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by SwineTech in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. YOU should read this Policy in conjunction with the terms for any applicable Service and our other policies which are set forth on our website. SwineTech has the right but not the obligation to monitor or restrict any uses of the Service that SwineTech believes in its sole discretion violates this Policy .
- In addition, violations of this Policy may result in a demand for: immediate, temporary or permanent filtering; blocked access; suspension or termination of access to the Service (in whole or in part); or other action appropriate to the violation, as determined by SwineTech, in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. SwineTech may involve, and will cooperate with, law enforcement if criminal activity or threatened criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations or alleged violations of this Policy. YOU will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to YOUR violation of this Policy, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorney’s fees or other costs or damages incurred by us.
PRIVACY, MONITORING THE SERVICE, POLICY MANAGEMENT
SwineTech is under no obligation to monitor the Service or anyone’s use of the Service. However SwineTech may do so from time to time in its discretion. Without limiting any other right of SwineTech under this Policy, SwineTech (a) reserves the right at all times and without notice to delete any content and (b) may disclose any information regarding YOU or YOUR use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect SwineTech’s property or legal interests and those of its customers and other end-users. To protect its customers and its network SwineTech may, without limitation, block and allow traffic types as we see fit at any time.
SwineTech requests that any person who becomes aware of a violation of this Policy report the information to SwineTech at firstname.lastname@example.org or by mail to 100 Cedar Street, Solon, IA 52333. SwineTech may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the end-user’s privileges; suspend the customer’s account; terminate the end-user’s account; bill the customer for administrative costs; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
The terms and provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.
YOU agree to indemnify and hold harmless SwineTech, and its suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to YOUR use of the Service, any materials downloaded or uploaded through the Service, any actions taken by YOU in connection with YOUR use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this Policy. This Section will not be construed to limit or exclude any other claims or remedies that SwineTech may assert under this Policy or by law.
Rev. February 2022