Terms of Use

Acceptable Use Policy:

You agree not to, and not to allow third parties (including End Users) to use the Services:

• to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);

• to engage in, promote or encourage illegal activity;

• for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);

• to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;

• to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;

• to disable, interfere with or circumvent any aspect of the Services;

• to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”); or

• to use the Services, or any interfaces provided with the Services, to access any other ServeDeck product or service in a manner that violates the terms of service of such other ServeDeck product or service.

You may specify one or more administrators who will have password protected rights to access administrative account(s) for the purposes of administering the Services (Admin Account(s)) and to administer all End Users permitted to use the Service and who have established an End User Account. You are responsible for:

• maintaining the confidentiality of the password and Admin Account(s);

• designating those individuals who are authorized to access the Admin Account(s); and

• ensuring that all activities that occur in connection with the Admin Account(s) comply with this Agreement. You agree that our responsibilities do not extend to the internal management or administration of the Services for you and that we are merely a software provider.

Your administrators may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. You will obtain and maintain all required consents from End Users to allow:

• your access, monitoring, use and disclosure of this data and ServeDeck providing you with the ability to do so and

• ServeDeck to provide the Services.

You are responsible for responding to a request from a Third-Party for records relating to an End User’s use of the Services (Third-Party Requests). Third-Party Requests can be a lawful search warrant, court order, subpoena, other valid legal order, or written consent from the End User permitting the disclosure.  We will, to the extent allowed by law and by the terms of the Third-Party Request:

• promptly notify you of the receipt of a Third-Party Request;

• comply with your reasonable requests regarding its efforts to oppose a Third-Party Request; and

• provide you with the information or tools required for you to respond to the Third-Party Request. You will first seek to obtain the information required to respond to the Third-Party Request on its own and will contact us only if you cannot reasonably obtain such information.