COMRES ACCEPTABLE USE POLICY
This is ComRes' Acceptable Use Policy which defines which actions are prohibited on ComRes' Network or Internet Services provided by ComRes. ComRes reserves the right to make changes to this Acceptable Use Policy from time to time at its sole discretion which will be posted on this web site without notice to Customer. Customer is solely responsible to insure that its Users are complying with the terms of any such modified Acceptable Use policy.
This Acceptable Use Policy (Policy) describes actions by Users that are prohibited by ComRes. "User" means any user of the Internet related services ("Services") that are provided by ComRes pursuant to the Customer Agreement (which Users must accept as a condition to receiving any Services from ComRes). User acknowledges and agrees that this policy may be revised from time to time by ComRes at its discretion, with any such modifications effective when revised Policy is posted to www.comresusa.com/legal/aup.php. ComRes may in its sole discretion determine whether a User is in violation of this Policy. As specified below, ComRes believes that illegal usage, abusive usage and / or use of the Services to interfere with other Users' enjoyment of the Services is unacceptable. In the event that you believe that you have been a victim of abusive or illegal usage of the Services, please notify ComRes corporate security at abuse@comresusa.com. To report illegal use involving child pornography, please contact cpabuse@comresusa.com.
Illegal Use Prohibited. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitation, effecting or participating in any of the following activities via the Services provided by ComRes:
- storing, posting or transmitting unlawful materials, e-mail or information;
- storing, posting or transmitting harassing, threatening or abusive materials, e- mail or information;
- storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;
- storing, posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind, including images containing child pornography. To report illegal use involving child pornography, please contact cpabuse@comresusa.com;
- storing, posting or transmitting materials, e-mail or information that would constitute an infringement upon the parents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
- storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- storing, posting or transmitting materials that would give rise liability under the Computer Fraud and Abuse Act;
- storing, collecting, posting or transmitting credit , debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for fraudulent or illegal purpose; and
- collecting, without adequate security and a legitimate purpose (as determined by ComRes), any of the following: (a)information from Users under the age of sixteen (16) without consent from such Users' parents or legal guardians; (b)Users' personal health information or personal financial information without informed consent from such User; or (c)other personal information without advising the User.
Abusive Use Prohibited. The Services may not be used for abusive purposes, as determined by ComRes and/or regulatory authorities. Abusive purpose include, without limitation, effecting or participating in any of the following activities via the Services provided by ComRes:
- posting five(5) or more messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or list;
- posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter or other owner-published FAQ's, rules or policies or descriptions of the group or list;
- sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than (5) e-mail address within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;
- falsifying User information provided to ComRes or to other Users of Services;
- engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by ComRes, re-mailer, or otherwise through the Services or using an account provided by ComRes as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the provider of Services or its supplier;
- operating a server in connection with the Services in an "open relay" configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both ComRes' network and the User's personal account to fraudulent and abusive use by third parties. User hereby acknowledges and agrees that it will not operate servers with in an open relay configuration. If a User requires assistance in determining the configuration of the User's server and /or instruction to secure a server the User may contact: abuse@comresusa.com;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
- violating the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services and/or the sending of SPAM emails.
Interfering With Other Users Prohibited. No user shall interfere with any other person's use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by ComRes:
- restricting or inhibiting any other User or any other person from using and enjoying Services and / or the Internet;
- posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;
- conducting or forwarding surveys, contest, pyramid schemes, charity request or chain letters;
- relaying e-mail in an anonymous fashion or forging any TCP-IP packet header; or
- mailbombing, flooding, overloading, attacking or otherwise interfering with a system or network.
Remedies. Violation of the Policy may result in civil or criminal liability, and ComRes may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, ComRes may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to ComRes stating that they have been harmed by User's failure to abide by this Policy or the policies listed above. ComRes' failure to enforce this policy in every instance in which it might application does not amount to a waiver of ComRes' rights. Should ComRes temporarily suspend or restrict a Customer's access to ComRes Internet Services, Customer is still responsible for paying all normal charges during the suspension period until such time as ComRes determines that the Customer's breach of ComRes' Policy has been cured. Should ComRes permanently suspend Customer's access to ComRes Internet Services, or should Customer terminate the Internet Agreement with ComRes due to ComRes' suspension of the Customer's breach of ComRes' Policy, Customer shall still be responsible for any disconnection fees, remaining obligations under term agreements and legal fees as allowed by law.
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