Clique Acceptable Use Policy

  • This Clique Acceptable Use Policy (“AUP”) is presented so that User fully understands his or her rights and obligations when using the Clique Services. This AUP is a legal and binding agreement between User and Clique (“Clique”), a business unit of Sparkart LLC. If you do not agree to be bound by these terms in their entirety, you are not permitted to use the Clique Services.

    One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When User obtains information through the Internet, they must keep in mind that Clique cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that User may acquire. For this reason, the User must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Clique cannot monitor or censor the Internet, and will not attempt to do so, Clique cannot accept any responsibility for injury to User that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

    When User disseminates information through the Internet, they also must keep in mind that Clique does not review, edit, censor, or take responsibility for any information its Users may create. When Users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Clique’s network and may reach a large number of people, User’s postings to the Internet may affect others and may harm Clique's goodwill, business reputation, and operations. For these reasons, User violates this AUP and the Terms of Use when they engage in the following prohibited activities:

    • Spamming — Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Clique, but also because it can overload Clique's network and disrupt service to Clique users.
    • Intellectual Property Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Clique is required by law to remove or block access to User content upon receipt of a proper notice of copyright infringement. It is also Clique's policy to terminate the privileges of Users who commit violations of copyright laws.
    • Obscene Speech or Materials — Using the Clique Services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Clique is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Clique's network.
    • Defamatory or Abusive Language — Using the Clique Services as a means to transmit or post defamatory, harassing, abusive, or threatening language.
    • Forging of Headers — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
    • Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
    • Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Clique Services or any connected network, system, service, or equipment.
    • Facilitating a Violation of this AUP — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
    • Export Control Violations — Exporting encryption software over the Internet or otherwise, to points outside the United States.
    • Usenet Groups — Clique reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
    • Other Illegal Activities — Engaging in activities that are determined to be illegal, including but not limited to: advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes or the like; fraudulently charging credit cards; and pirating software.
    • Other Activities — Engaging in activities, whether lawful or unlawful, that Clique determines to be harmful to its users, operations, reputation, goodwill, or user relations.

    As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the User. Clique will not, as an ordinary practice, monitor the communications of its Users to ensure that they comply with Clique policy or applicable law. When Clique becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Clique Services, or taking any other action it deems appropriate.

    Clique also is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Clique urges Users to assume that all of their on-line communications are insecure. Clique cannot take any responsibility for the security of information transmitted over Clique's facilities or the Clique Services.

    Clique will not regularly monitor messages sent or received by User unless required to do so by law, governmental authority, or when public safety or some other policy is at stake. Clique may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Clique may disclose information, including but not limited to, information concerning User or a transmission made via the Clique Service in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Clique assumes no obligation to inform User that User information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Clique may disclose User information or information transmitted over the Clique Service where necessary to protect Clique and others from harm, or where such disclosure is necessary to the proper operation of the Clique Service.

    Finally, Clique wishes to emphasize that User agrees to fully indemnify and hold harmless Clique from and against any violation of the this AUP by User that results in loss to Clique or the bringing of any claim against Clique by any third-party. This means that if Clique is sued because of the activity of a User, the User will pay any damages awarded against Clique, plus costs and reasonable attorneys'fees, and all other related losses.

Last Updated: February 23, 2007