ACCEPTABLE USE
Panoptic Solutions Group ("PSG") has published this acceptable use policy ("AUP") in an effort to enhance the use of the Internet by promoting responsible use and in an effort to provide a reliable, high-quality service to its customers. In that regard, PSG requires its customers and other third-party users (collectively, its "Users") to utilize PSG's services and network responsibly and in compliance with all applicable laws and the terms of this AUP. This AUP supplements rather than supersedes any and all agreements between a User and PSG with respect to the use of PSG's services and network by such User. Use by a User of PSG's services or network constitutes acceptance by such User of the terms of this AUP.
Prohibited Conduct --- Users may not use PSG's services or network (i) in violation of any applicable local, state, or federal law or regulation; (ii) in a manner that infringes or may infringe upon any copyrights, trademarks, patents, trade secrets, or other types of intellectual property; (iii) to transmit offensive or threatening materials, including materials that are obscene, pornographic, defamatory, libelous, abusive, hateful, excessively violent, or otherwise inappropriate; (iv) to transmit fraudulent, deceptive, or misleading materials or to advance any type of financial scam; (v) to transmit any materials that harass another person or entity; (vi) to transmit viruses, Trojan horses, or other materials harmful to any network or equipment or other Users or third parties; or (vii) in a manner that exposes or may expose PSG, its customers, partners, or vendors, or any other person or entity using the PSG network to abuse, complaints, retaliation, connectivity issues, or other negative impact.
System and Network Security --- Users may not use PSG's services or network to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization, including, without limitation, (i) any attempt to access any network, service, data, or other system that such User is not authorized to access; (ii) any attempt to probe, scan, or test the vulnerability of any network, service, or system without proper authorization; (iii) any attempt to breach any security or authentication measures; (iv) any attempt to monitor data or traffic on any network or system without proper authorization; (v) any attempt to interfere with service to any User, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks; (vi) any attempt to forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or (vii) any attempt to utilize another User's account name without proper authorization.
System and Network Security --- Users may not use PSG's services or network to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization, including, without limitation, (i) any attempt to access any network, service, data, or other system that such User is not authorized to access; (ii) any attempt to probe, scan, or test the vulnerability of any network, service, or system without proper authorization; (iii) any attempt to breach any security or authentication measures; (iv) any attempt to monitor data or traffic on any network or system without proper authorization; (v) any attempt to interfere with service to any User, host, or network, including, without limitation, by means of overloading, mailbombing, flooding, crushing, or any denial of service attacks; (vi) any attempt to forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or (vii) any attempt to utilize another User's account name without proper authorization.
Spamming --- Users may not use PSG's services or network to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as "spam"). For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation. In addition, Users are prohibited from using the services or network of another provider to send spam or to promote a site hosted on or connected with PSG's services or network.
Usenet --- All postings to Usenet groups must comply with such group's charter, rules, guidelines, and agreements (collectively, "Usenet Policies"). In addition to any such Usenet Policies, Users may not use PSG's services or network to post the same or similar messages to one or more Usenet groups (commonly known as "Usenet spam").
E-mail Limits --- In order to ensure server stability and uptime of the mail server, the following limits shall apply to all Users of PSG e-mail: (i) size per message: 15 MB (incoming and outgoing); and (ii) maximum mailbox size: 20 MB (total). Messages that exceed the above limit shall be rejected, and mailboxes that exceed the above limit shall not be able to receive further incoming mail. Messages that have been unchecked for 90 days automatically shall be deleted from the server.
Consequences --- If PSG determines that a User has violated any of the terms of this AUP, PSG shall have the right in its sole discretion (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User's services. PSG may involve and shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP may be subject to civil or criminal liability. PSG shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by PSG pursuant to this AUP. In order to protect the PSG network and all Users utilizing the PSG network, PSG shall have the right, immediately and without prior notice, to terminate routing of a User's assigned IP address space in the event such User is under a network-based attack; however, PSG shall use reasonable efforts to reinstitute routing of such User's assigned IP address space in PSG's discretion following such network-based attack. In the event that a User experiences repeated network-based attacks, PSG reserves the right to suspend or terminate such User's services immediately and without prior notice.
Violation Reporting --- Violations or potential violations of this AUP may be reported to PSG at abuse@panopticsolutionsgroup.com.
Modifications --- PSG reserves the right to modify this AUP from time to time without notice in PSG's sole discretion. Such modifications shall be effective when posted.
PRIVACY STATEMENT
We at PSG are concerned about and committed to protecting the privacy of you, our website visitors. To that end, we have established this Privacy Policy, in compliance with Safe Harbor provisions, as a commitment to maintain the privacy of your personal information in connection with all our online and Internet activities. In order to enable U.S. companies to satisfy European Union law requirements for sufficient protection of personal information, the United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (collectively, the Safe Harbor Principles.). PSG adheres to the Safe Harbor Principles as set forth in this Privacy Policy.
Use of Personal Information. We may gather information about you through our web site in three ways. First, we may collect and store some personally identifiable information (such as your name, telephone number, and e-mail address) that you provide to us through surveys, job applications, contests, service orders, or inquiries on this site. Second, we may collect and store information about your visit to this site in collective or aggregated data that does not identify you specifically. Third, we may collect and store information through the use of "cookies." The term "cookies" refers to lines of text that are transmitted to your web browser when you click on a site, providing a way for a server to recall a previous request or previous registration, or keep track of a transaction as it progresses, so that information does not have to be repeated. We use all of this information to help maintain accurate accounts, to provide and to change services, to provide accurate billing and shipping, to answer your inquiries, to market services and products, and to help make our web site useful to you. We do not market to or collect personal information about children under 13 years of age at this site.
Sharing Information. The information that we obtain from you is generally necessary for us to provide your services and to design new services for your future use. As a general rule, PSG will not sell, trade, or disclose to third parties personal information gathered online about you without your consent. The only exceptions to this rule are: (i) when we work with affiliated businesses, partners, or agents to develop a relationship with you or to perform services for you on our behalf or (ii) as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to you or others. In the case of (i) above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.
E-mail Communication. We and our affiliated businesses, partners, and agents may use e-mail to communicate to our customers, respond to visitors' e-mails, or to inform you about events or new products. We will not send commercial solicitation via e-mail to you if you request that it not be sent.
Security. PSG exercises generally accepted industry standards to protect the personal information provided to or collected by us. In the case of (i) of "Sharing Information" above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.
Modifications/Enforcement. PSG reserves the right to modify this Privacy Policy from time to time without notice in PSG's sole discretion. Such modifications shall be effective when posted.
TERMS OF USE
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE WWW.PANOPTICSOLUTIONSGROUP.COM WEB SITE OR ANY OTHER WEB SITE MAINTAINED BY PSG OR ITS AFFILIATES ("SITE"). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.
Copyright --- The entire contents of this Site are protected by the United States copyright laws. PSG, Inc. ("PSG") is the owner of the copyright. PSG authorizes you to view and to use the materials at this Site only for your personal, non-commercial use, provided that you retain this copyright notice on any copies of the materials that you use. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.
Material Submitted to PSG --- Except as otherwise set forth in PSG's Privacy Policy posted on this Site, any materials, information, or other communication that you transmit or post to this Site ("Communication") will be considered non-confidential and non-proprietary, and PSG and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Links to Other Websites --- Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. PSG has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. PSG does not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Links to PSG's Website --- With permission from PSG by sending an e-mail request to marketing@panopticsolutionsgroup.com, you may create a hypertext link to this Site from your web site provided that the page containing the link properly attributes the linked site to PSG. Neither your site nor your link to this Site (a) shall imply PSG's sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent the relationship with PSG or contain any false, misleading, or derogatory information about PSG or its products or services.
Content and Liability Disclaimer --- THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PSG further does not warrant the accuracy and completeness of the materials or services at this Site. The information and services at this Site may be out of date, and PSG makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs, or services that are not available in your area.
Limitation of Liability --- IN NO EVENT WILL PSG, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY.
Governing Law / Dispute Resolution --- Any claims arising out of the use of this Site shall be resolved by binding arbitration in Grapevine, Texas in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Texas, United States of America (other than conflict of law rules).
Modifications --- PSG may make revisions to the materials at this Site, or to the products, services, and prices described herein, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound.