LIGHTCAST, INC. ACCEPTABLE USE POLICY (AUP) for Web Forums and Message Boards
First of all we want to say that Lightcast want you to have fun and explore the opportunities that our web services offer! We hope that our web services help you to create great web sites. But by becoming a member of Lightcast web services you agree to following terms of service.
Lightcast provides online applications or tools in the form of web services. Use Lightcast at your own risk. We will not be liable for any damages that may arise from the use of our services, nor are we liable for any malfunctions, loss of data, or disruptions in service.
Lightcast assumes no responsibility for, among other things, (1) any interruptions in service (2) the unavailability of any tools (3) the unavailability of particular features (4) the inability to access a tool, (5) the failure or inability to post materials to a tool, (6) the deletion of materials posted to a tool or (7) the failure to store materials posted to a tool. Lightcast does not allow its tools to be used for displaying or linking to 1)Software Pirating 2)Pornography, sexual content, nudity, adult material (including pictures, text, or links) 3)Content containing excessive profanity, threatening, harassing, defamatory, obscene, offensive, or are otherwise deemed inappropriate by Lightcast 4) Copyright infringement (MP3, video, text, etc) 5)Anything promoting racism, hatred, controversial topics, or illegal activity
You agree not to reproduce, duplicate, copy, sell, or resell, use of our services, access to our services or any of the Content accessible through our services, other than Content as to which you hold the intellectual property rights.
Abuse of Lightcast services or using them in a way other than for the intended purpose will also result in the service being suspended.
You agree that Lightcast may establish, at any time, limitations, conditions or rules concerning use of its tools and services.
Lightcast makes no guarantee that our web system will meet your requirements.
Lightcast reserves the right to lock a subscriber’s account and disable their services without warning if you violate our policy.
Lightcast shall have the right to access any tool content and remove or restrict access to any content that violates this policy or that Lightcast believes is objectionable.
Any malicious attacks against the Lightcast web site or services and/or spamming will result in immediate denial of access to Lightcast services.
You agree that any content posted to a tool or service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any content that you upload, post, email or otherwise transmit via Lightcast tools or services.
You acknowledge that Lightcast is not responsible for, does not control, does not endorse and does not verify the content of any Web Site using a Lightcast Web Service. Lightcast makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such content. Under no circumstances will Lightcast be liable in any way to you for any content, including any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmitted via Lightcast tools or services.
LIGHTCAST, INC. ACCEPTABLE USE POLICY (AUP) for Audio Services.
This Policy represents Lightcast’s Acceptable Use Policy (“Policy”) applicable to the customers (“CUSTOMER(S)”) of LIGHTCAST and its subsidiaries and supersedes any other written or oral policy. LIGHTCAST reserves the right to revise this Policy at any time. Upon notice published on-line via LIGHTCAST’s web page and the domains that point to it LIGHTCAST may modify the Policy, amplify the Policy, as well as discontinue or change services offered. CUSTOMER may view the most up-to-date version of this policy at any time. By using any of the services offered by LIGHTCAST, CUSTOMER is bound by and must comply with this Policy in its entirety. Violations of the guidelines delineated below will result in cancellation of services to the CUSTOMER or such other action as LIGHTCAST, in its sole discretion, may deem appropriate. I. SYSTEM AND NETWORK SECURITY 1. CUSTOMER may not tamper with other accounts, or commit unauthorized intrusion into any part of LIGHTCAST’s system, or use any of LIGHTCAST’s machines, files, accounts or networks to intrude into any other system without LIGHTCAST’s prior written authorization. 2. CUSTOMER may not use LIGHTCAST services not included in CUSTOMER’s account, nor devise ways to circumvent security in order to access services not included in CUSTOMER’s account. This clause includes, but is not limited to, the scanning of LIGHTCAST’s networks with the intent to breach and/or evaluate security. 3. CUSTOMER may not use LIGHTCAST’s system in a manner that encumbers disk space, audiocast bridging, processors or other system resources beyond those allowed by the specific type of account. CUSTOMERS may not make deliberate attempts to interfere with a LIGHTCAST service, overload a service nor attempt to disable a host, a switch or an audiocast bridge. 4. LIGHTCAST will react strongly to the use or attempted use of LIGHTCAST services or systems without the owner’s authorization. This clause includes, but is not limited to, password (or PIN) cracking, defrauding others into releasing their passwords (or PINs) and denial-of-service attacks. Additionally, CUSTOMERs may not use programs, scripts, commands nor send messages with the intent to interfere with a user’s session. II. VOICE MAIL BROADCAST 1. CUSTOMER may not send unsolicited voice mail to any person that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited voice mail. LIGHTCAST services should not be used to send unsolicited advertising messages. 2. CUSTOMERS may not continue to send voice mail to a recipient if recipient has requested that CUSTOMER discontinue such communication. 3. LIGHTCAST prohibits the transmission of voice mail that is harassing, libelous, defamatory, legally obscene, threatening, abusive or hateful to non-consenting recipients. III. INFORM and BROADCASTS (“Presence Today”, “Lightcast Classroom”, “Remote City Lightcast” and other Lightcast services) 1. LIGHTCAST may provide CUSTOMERS with uncensored affiliated LIGHTCAST Inform and Broadcasts and voice mail. LIGHTCAST does not control LIGHTCAST affiliated content nor is LIGHTCAST responsible for postings by LIGHTCAST’s CUSTOMERS. 2. It is the responsibility of CUSTOMER’s primary contact to determine an Inform or Broadcasts etiquette. Therefore, CUSTOMERS that submit content to Inform or Broadcast must refrain from postings or other messages that are not expressly permitted by a CUSTOMER’S charter. III.GENERAL 1. Connections and all other services provided to the CUSTOMER by LIGHTCAST may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. LIGHTCAST reserves the right to remove any and all materials that infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and/or notice of alleged copyright infringement. 2. Certain services may contain language or other content which some individuals may find offensive or inflammatory. LIGHTCAST does not endorse such materials and disclaims any and all liability for such content. Access to such materials is at CUSTOMER’s own risk. 3. Use of any information obtained via LIGHTCAST is at your own risk. LIGHTCAST specifically denies any responsibility for the accuracy or quality of information obtained through its services. 4. Use of other organizations’ networks or computing resources is subject to their respective permission and usage policies. 5. CUSTOMER agrees not to resell LIGHTCAST’s products or services without the prior written consent of LIGHTCAST. 6. If LIGHTCAST cancels CUSTOMER’s account for any reason, CUSTOMER agrees not to reregister without LIGHTCAST’s prior written consent. In the event CUSTOMER reregisters without LIGHTCAST’s prior written consent, LIGHTCAST reserves the right to cancel CUSTOMER’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears, will be made due and payable immediately. 7. LIGHTCAST requires that CUSTOMER is qualified to contract. LIGHTCAST cannot accept payments from persons who are not at least eighteen (18) years of age. In the case of resell, CUSTOMER will be held responsible for keeping all billing data for LIGHTCAST accurate and up to date. False data supplied for the contract between LIGHTCAST and CUSTOMER will be grounds for account termination. 8. LIGHTCAST exercises no control whatsoever over the content of the information passing through it. 9. The CUSTOMER agrees to defend, hold harmless, and expeditiously indemnify LIGHTCAST from any and all liability, claim, loss, damage or expense arising out of CUSTOMER’s breach or violation of any covenant contained in this Policy, or resulting from the CUSTOMER’s use of LIGHTCAST’s services. 10. CUSTOMER agrees to waive and hold LIGHTCAST harmless from any claims relating to any action taken by LIGHTCAST as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, CUSTOMER cannot sue or recover any damages whatsoever from LIGHTCAST as a result of the decision to remove material from its server, or to suspend or terminate CUSTOMER’s account. 11. CUSTOMER should be aware of HIPAA guidelines on broadcasting any medical information or receiving any medical information about Participants calling into a LIGHTCAST Audio Bridge or in some form using a LIGHTCAST service or product. LIGHTCAST will not be held liable and in the event any claim, demand, lawsuit or liability is made or asserted against LIGHTCAST by any third party and the same arises out of, or is directly or indirectly related to, or is caused by any act or omission of the CUSTOMER or others, then, and in such event, CUSTOMER shall indemnify, defend and hold harmless LIGHTCAST and its agents and representatives of and from any and all such claims, demands, causes of actions and liability, including the payment of LIGHTCAST’s reasonable attorney’s fees to defend such action. Additionally, the CUSTOMER shall reimburse LIGHTCAST for damage to LIGHTCAST’s facilities caused by the negligence or willful act of the CUSTOMER, or resulting from the CUSTOMER’s improper use of CUSTOMER’s facilities or due to any malfunction of any facilities or equipment provided by an entity other than LIGHTCAST. IV. POLICY ENFORCEMENT 1. When LIGHTCAST becomes aware of an alleged violation of this Policy, LIGHTCAST will initiate an investigation. During the investigation, LIGHTCAST may restrict CUSTOMER’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, LIGHTCAST may, in its sole discretion, restrict, suspend, or terminate CUSTOMER’s account and/or pursue other civil remedies. If such violation is a criminal offense, LIGHTCAST will notify the appropriate law enforcement department of such violation. V. COPYRIGHT INFRINGEMENT 1.If LIGHTCAST becomes aware of material that could be infringing on a third party’s copyright, posted by CUSTOMER, it will initiate an investigation. If LIGHTCAST receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the CUSTOMER’S materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, LIGHTCAST, in its discretion, may, at any time, deny access to the challenged material of CUSTOMER. 2.LIGHTCAST will notify CUSTOMER of the copyright infringement allegation and will allow CUSTOMER to respond to the allegation(s). 3.LIGHTCAST shall have no liability, directly or indirectly, to complainants or third parties for CUSTOMER’S infringing copyrighted materials. CUSTOMER shall reimburse LIGHTCAST for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith. VI.REPORTING NETWORK ABUSE 1.Any party seeking to report any violations of this Policy may contact LIGHTCAST via e-mail: [email protected]
Lightcast Privacy Statement on Audio Services
This statement discloses the privacy practices for Lightcast, Inc. Lightcast has adopted a set of information management guidelines that serve as the basis for our customer and advertiser relationships. These guidelines have been developed with the recognition that technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page. Lightcast, Inc. is not responsible for the content or the privacy policies of Web sites to which it may link or be linked to. What information does lightcastnetworks.com gather/track about you? Registration During our registration process prior to using the site, Lightcast requires that you supply your dial-in users names, and phone numbers. We use this only to set up an account in our database in case they may inadvertently call in to our customer service center, we can then find the correct organization they are associated with and forward their frontline request to your Lightcast administrator. This will also enabling you as an organization to take advantage of our future unified messaging and monitoring services. Lightcast Receivers and Telephone Dial-in Participants Lightcast also may log Lightcast Receivers and Telephones which Dial-in for future Monitor services, systems administration, network grooming and troubleshooting purposes. What does Lightcast do with the information it gathers/tracks? Statistical Analysis and Banner Advertising Lightcast may perform statistical analysis of user behavior in order to measure interest in the various Lightcast services (for product development purposes) and to inform sponsors and customers as to statistics, e.g. how many participants have dialed in to live or recorded services. We also use demographic and preference information to allow web banner advertising to be targeted, in aggregate, to the listeners for whom they are most pertinent. Personal information about you as an individual participant will not be provided to any third party without your consent. E-Mail Using the e-mail addresses provided at registration, Lightcast will periodically send promotional e-mail to our users about services offered by Lightcast, Inc. and its advertisers.
It is forbidden to wastefully use Lightcast resources. If such situations arise, Lightcast have the right to suspend any tools which are wasting resources. We can remove any free Web Service if there is no evidence of activity.