Acceptable Use Policy
This Acceptable Use Policy ("AUP") is provided by Arlberg Technology Partners, LLC ("the "Company". "us", "we", "our(s)") to give our customers and users, including without limitation students, instructors and snowsports schools (collectively, "Customers", "you". "your(s)") a clear understanding of what we expect of them while using the OTTO Platform (the "Platform"). All Customers who subscribe to the Platform must comply with this AUP. This AUP is also governed by the terms and conditions of any License Agreement or similar agreement that may be currently in effect between you and us.
YOUR CONTINUED ACCESS TO AND USE OF THE PLATFORM IS SUBJECT TO YOUR REVIEW AND ACCEPTANCE OF THIS AUP.
We may remove any materials that in its sole and absolute discretion violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. You may not use the Platform to post or otherwise publish Material, which we determine, at our sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, "Material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings provided by you or other Customers.
We reserve the right to suspend use of and access to the Platform and terminate any License Agreement then in effect without notice upon any violation of this AUP.
Violations of this AUP
The following constitute violations of this AUP:
- Illegal use. Customers may not use the Platform for illegal purposes, or in support of illegal activities.
- Harm to minors. Customers may not use the Platform to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats. Customers may not use the Platform to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment. Customers may not use the Platform to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity. Customers may not use the Platform to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as pyramid schemes, ponzi schemes, or chain letters.
- Forgery or impersonation. Customers may not use the Platform to add, remove or modify identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM). Customers may not use the Platform to transmit any unsolicited commercial or unsolicited bulk e-mail.
- E-mail / news bombing. Malicious intent to impede another person's use of electronic mail Platform or news will result in the immediate termination of the offending Platform account.
- E-mail / message forging. Customers may not forge any message header, in part or whole, of any electronic transmission, originating or passing through the Platform.
- Usenet spamming. Customers may not use the Platform for the posting of messages or commercial advertisements, which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access. Customers may not use the Platform to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. Customers will not attempt to obtain another user's account password. Sharing passwords and account access with unauthorized users is prohibited. It is Customers' sole responsibility to keep any password(s) secure.
- Copyright or trademark infringement. Customers may not use the Platform to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- Collection of personal data. Customers may not use the Platform to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- IRC. Use of IRC or IRC bots or clonebots is not allowed. An IRC bot is a program which runs and is connected to an IRC server twenty-four (24) hours a day, automatically performing certain actions
- Network disruptions and unfriendly activity. Use of the Platform for any activity which affects the ability of other people or systems or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user.
- Distribution of viruses. Customers may not use the Platform to intentionally distribute software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited.
- Third party accountability. Customers will be held responsible and accountable for any activity by third parties, using its account that violates guidelines created within this AUP.
Customers are responsible for ensuring and maintaining security of their systems, machines and devices that connect to and use the Platform, including implementation of any necessary patches and operating system updates.
The Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.
Customers remain solely and fully responsible for the content of any Material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Platform. We have no responsibility for any Material created by Customers, including content provided on any third-party websites linked to the Platform. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by us of the content(s) of such sites.
Customers are responsible for taking prompt corrective action(s) to remedy any violation of the AUP and to help prevent similar future violations.
General: Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by a Customer should be directed to email@example.com. Where possible, include details that would assist us in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log files).
Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the Platform in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the process detailed below and directed to the designated agent listed below.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, and our sole discretion, Customer accounts of those who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Platform and/or terminate the accounts of any Customers who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Our designated Copyright Agent for notice of claims of copyright or trademark infringement is:
Susan Rayne - Ascentage Law PLLC