Acceptable Use Policy
This document was last updated on August 1, 2021.
This Acceptable Use Policy makes an integral part of our EVALINK Agreement.
1. Prohibited activities and uses
You may not use the EVALINK Site and Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
- Distributing malware or other malicious code.
- Disclosing sensitive personal information about others.
- Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
- Distributing pornography or adult related content.
- Promoting or facilitating prostitution or any escort services.
- Hosting, distributing or linking to child pornography or content that is harmful to minors.
- Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
- Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
- Facilitating pyramid schemes or other models intended to seek payments from public actors.
- Threatening harm to persons or property or otherwise harassing behavior.
- Purchasing any of the offered Services on someone else’s behalf.
- Misrepresenting or fraudulently representing products or services.
- Infringing the intellectual property or other proprietary rights of others.
- Facilitating, aiding, or encouraging any of the above activities through the EVALINK Site and Services.
2. System abuse
Any Customers or EVALINK Site visitors in violation of the EVALINK Site and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
- Use or distribution of tools designed for compromising security of the EVALINK Site and Services.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
- Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
3. Service resources
You may not consume excessive amounts of the resources of the EVALINK Site and Services or use the EVALINK Site and Services in any way which results in performance issues or which interrupts the Services for other End User. Prohibited activities that contribute to excessive use, include without limitation:
- Deliberate attempts to overload the EVALINK Site and Services and broadcast attacks (i.e. denial of service attacks).
- Engaging in any other activities that degrade the usability and performance of the EVALINK Site and Services.
- Hosting or running malicious code or other scripts or processes that adversely impact the EVALINK Site and Services.
- Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
- Web proxy scripts, such as those that allow anyone to browse to a third party website anonymously, are prohibited.
4. No spam policy
You may not use the EVALINK Site and Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the EVALINK Site and Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the EVALINK Site and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
Sending emails through the EVALINK Site and Services to purchased email lists ("safe lists") will be treated as SPAM. We may terminate any EVALINK Account who sends out SPAM with or without notice.
5. Defamation and objectionable content
We value the freedom of expression and encourage End User to be respectful with the content they post. We are not a publisher of End User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the EVALINK Site and Services, as determined in our sole discretion.
6. Copyrighted content
Copyrighted material must not be published via the EVALINK Site and Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation. However, we generally require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, to take down alleged infringing material from the EVALINK Site and Services. We may terminate the EVALINK Account with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any EVALINK Account of the EVALINK Site and Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the EVALINK Site and Services, please get in touch with us to report copyright infringement.
You take full responsibility for maintaining reasonable security precautions for your EVALINK Account. You are responsible for protecting and updating any login account provided to you for the EVALINK Site and Services. You must protect the confidentiality of your login details, and you should change your password periodically. You are responsible for ensuring all End User provided software installed by you on the EVALINK Site and Services is updated and patched following industry best practice. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on the EVALINK Site and Services.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
- Suspending or terminating your EVALINK Account with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your EVALINK Account.
- Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the EVALINK Site and Services, as determined by us in our sole discretion.
- Reporting violations to law enforcement as determined by us in our sole discretion.
- A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your EVALINK Account.
Suspended and terminated EVALINK Account due to violations will not be re-activated. A backup of EVALINK Account’s data may be requested, however, we may not be able to provide you with one and, as such, you are strongly encouraged to take your own backups.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the EVALINK Site and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
9. Reporting violations
If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.