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master service agreement
SHOUTLET TERMS OF SERVICE AND ACCEPTABLE USE POLICY This Acceptable Use Policy (the "AUP") is intended to enhance the use of the Shoutlet services (the "Services") provided by Sway, Inc. ("Sway") for all users by preventing unacceptable uses of the Services. All users of the Services (each, "You" or a "User") must comply with this AUP. Sway does not undertake to actively monitor use of the Services under normal circumstances. Similarly, Sway does not exercise editorial control over the content created or accessible over or through the Services. However, in accordance with Sway's Subscriber and Services Agreement (the "Agreement") and the terms of this AUP, Sway may remove any materials that, in its sole and absolute discretion, may be illegal, may subject Sway to liability, or which violate this AUP. Sway may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Failure to abide by the terms of the AUP may result in immediate temporary or permanent limitation, suspension or termination of Your access to the Services, with or without notice. This AUP should be read in conjunction with the Agreement and Sway's other policies as applicable, including the privacy policy. By using the Services, You agree to abide by all local, state, federal and international laws, rules and regulations promulgated thereunder, the terms of the Agreement and this AUP and any other policies of Sway that are in force from time to time. The provisions of this AUP are intended as guidelines and are not exhaustive. Sway reserves the right to modify this and any other policies from time to time, to reflect changing the business needs of itself and its customers. 1. Violations of the AUP The following actions constitute violations of this AUP: Fraud. It is a violation of this AUP to use the Services to transmit fraudulent information, including any information that you know or have reasons to know is false and on which you intend for others to rely or to make fraudulent offers to buy or sell products or services. False advertising. It is a violation of this AUP to transmit on or through the Services any advertising or promotional material(s) that contain false, deceptive or misleading claims or representations. Unsolicited advertising. It is a violation of this AUP to transmit on or through the Services any unsolicited advertising or promotional materials. You assume sole responsibility for obtaining appropriate permission from third parties before transmitting advertising or promotional materials. Intellectual Property. It is a violation of this AUP to transmit on or through the Services any information that infringes or violates another person's or entity's copyright, patent, trademark, service mark, trade dress or other intellectual property rights or any information that reveals trade secrets belonging to another person or entity. Harassment. It is a violation of this AUP to use the Services to harass, threaten, abuse or embarrass, or to cause distress, unwanted attention or discomfort to, any person or entity in any way, including without limitation by the use of vulgar, hateful or racially, ethnically or otherwise discriminatory or objectionable material. Threats. It is a violation of this AUP to use the Services to transmit any material that threatens or encourages bodily harm or destruction of property. Data collection. It is a violation of this AUP to use the Services to collect or attempt to collect personal information about third parties without their knowledge and consent. You assume sole responsibility for obtaining appropriate permission from such third parties before collecting any personal information and for ensuring that such personal information is collected and used only in conformity with such permission and with all applicable laws, rules and regulations. Harm to minors. It is a violation of this AUP to use the Services to harm, or attempt to harm, minors in any way. It is the User's responsibility to ensure that any transmission of information to or collection of information from minors is conducted in compliance with applicable laws, rules and regulations. Reselling. It is a violation of this AUP to resell the Services without Sway's prior consent. Service disruptions. It is a violation of this AUP to use the Services in any way that inhibits or adversely affects the ability of other Users to access or use the Services. Interference with or disruption of other Users, the Services or resources of Sway is strictly prohibited. It is Your responsibility to ensure that Your network is configured securely, and You many not, through action or omission, allow others to use your network for actions that violate this AUP. You may not permit Your network, through action or omission, to be configured in a way that gives a third party the ability to use Your network in a way that violates this AUP. Excessive Size and Traffic Limitations. Each User is allocated a certain amount of bandwidth for use in connection with the Services. If Your use of the Services exceeds the allotted amount of bandwidth, any use in excess of such allotment may be restricted, at Sway's sole option. Restrictions may include without limitation the inability to transmit information or to publish content via the Services. It is Your responsibility to monitor and restrict appropriately your use of the Services to conform to the requirements of this AUP. Other inappropriate uses. It is a violation of this AUP to use the Services to transmit or publish any information that intentionally or unintentionally violates any applicable local, state, federal or international law or any rule or regulation promulgated thereunder. 2. Content As a matter of policy, and due to practical limitations, Sway does not pre-screen content transmitted or published by Users. Although Sway reserves the right to monitor and restrict any attempted transmission or publication Sway does not have the practical ability to monitor, review or restrict prior to transmission or publication all content that may violate this AUP, nor can Sway ensure editing or removal of content that actually or potentially violates this AUP or applicable laws, rules or regulations after such content has been published or transmitted via the Services. Sway accepts no responsibility for any of the content available on or published or transmitted through the Services or for any goods or services offered or available on or through the Services. All such content, goods and/or services are made available by independent third parties and, as such, as now controlled by Sway. Therefore, Sway does not endorse, warrant or guarantee such content, goods or services. 3. Confidentiality You agree to maintain the confidentiality of passwords used to access the Services and to be responsible for any use made of Your password, whether authorized or unauthorized. You agree that Sway has the right, but not the obligation, to monitor and/or disclose the contents of any communications if Sway, in its sole and absolute discretion, reasonably believes that such action is necessary to comply with applicable law or valid legal process or to protect Sway's rights, property and/or Services. 4. Miscellaneous By activating and/or using the Services, you agree that neither Sway nor its affiliates or service partners shall be responsible or liable, directly or indirectly, for any loss, liability or damage, including without limitation any financial loss or loss of data caused or alleged to have been caused by your use of the Services. You further agree to indemnify Sway against and to hold it harmless from any liability caused or alleged to have been caused by any content, goods or services made available by You to third parties through the Services or by your use of the Services. Sway expressly disclaims any liability to any third party. Sway also expressly disclaims any liability to You or to any third party caused or alleged to have been caused by any Service Disruption. A "Service Disruption" is any inability on the part of a User or third party to use or access the Services. In the event of a violation of this AUP, Sway reserves the right to limit or discontinue Your access to the Services and to take any and all preventative or corrective actions that Sway deems necessary or appropriate, in its sole and absolute discretion, to protect itself, other Users and third parties.
