CORBEAU IP Holdings Acceptable Use Policy
CORBEAU IP HOLDINGS ACCEPTABLE USE POLICY
Last Updated November 9, 2023
This Acceptable Use Policy (“Acceptable Use Policy”) applies to all of the services and/or
products provided by Corbeau IP Holdings, LLC, or any affiliate thereof (“Corbeau”), including
without limitation, use of any website relating to such services and/or products (“Services”). By
using the Services, you, the Customer, (“You”) acknowledge and represent that You and each
user that has gained access to the Services through Your account (“User(s)”), have read,
understood, and have agreed to this Acceptable Use Policy, or a policy substantially similar to
this Acceptable Use Policy. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR
ANY VIOLATION OF THIS ACCEPTABLE USE POLICY BY YOU AND EACH USER. YOU
ACKNOWLEDGE THAT NEITHER CORBEAU NOR ITS VENDORS ARE RESPONSIBLE FOR THE
CONTENT OF THE TRANSMISSIONS THAT MAY PASS THROUGH THE
INTERNET AND/OR THE SERVICES. This Acceptable Use Policy is a part of any master
subscription agreement or other agreement governing use of the Services (“Terms”) and this
Acceptable Use Policy is effective without limiting, waiving and notwithstanding any provision of
the Terms. This Acceptable Use Policy will be read in connection with the Terms and not in
conflict with any such agreement. In the event of discrepancy between this Acceptable Use
Policy, and the Terms, this Acceptable Use Policy shall prevail but only to the extent of the
express purposes hereunder set forth; otherwise, the Terms shall prevail. All references to
“You” under this Acceptable Use Policy shall be deemed to include You on Your behalf, and on
behalf of each User.
1) Modifications to this Acceptable Use Policy. Corbeau reserves the right, in its sole discretion,
to change or modify this Acceptable Use Policy at any time by posting changes on its website.
You are responsible for monitoring Corbeau’s website for changes to this Acceptable Use Policy,
and informing Users, and other relevant parties, of the changes to this Acceptable Use Policy
accordingly.
2) Security. Without limiting anything set forth in the below Section 4, You agree to notify
Corbeau immediately of any unauthorized use of Your account or any other breach of security
known to You. Corbeau does not make any promise, nor does Corbeau have any obligation or
intention, to monitor or police activity arising in connection with the Services; Corbeau,
however, reserves the right to edit or remove Content that Corbeau deems to be in violation of
this Acceptable Use Policy or that Corbeau, in its sole discretion, otherwise deems harmful or
offensive. You agree to promptly investigate all complaints received by Corbeau regarding any
activity relating to You that appears to be in violation of this Acceptable Use Policy, and You
agree to take all necessary actions to remedy any actual violations of this Acceptable Use Policy.
Corbeau may disclose to the complainant that You are investigating the complaint and may
provide the complainant with the necessary information to contact You directly to resolve the
complaint. In addition, please see Section 6 (“Enforcement”) below. If You or any User engages
in conduct while using the Services that is in violation of this Acceptable Use Policy or is
otherwise illegal or improper, Corbeau reserves the right, in addition to all other remedies
available at law and equity, to suspend and possibly terminate the Services or the violating
party’s access to the Services.
AS MAY BE FURTHER STATED IN YOUR TERMS, YOU ARE RESPONSIBLE FOR THE SECURITY OF
YOUR AND USERS’ OWN NETWORKS MACHINES AND OTHER FACILITIES AND MAINTAINING THE
CONFIDENTIALITY OF YOUR AND EACH USER’S PASSWORD AND ACCOUNT INFORMATION.
Because the internet is an inherently open and insecure means of communication, any data or
information You or Users transmit over the internet may be susceptible to interception and
alteration. SUBJECT TO TERMS, CORBEAU MAKES NO GUARANTEE OR COMMITMENT
REGARDING, AND ASSUMES NO LIABILITY FOR, THE SECURITY AND INTEGRITY OF ANY DATA OR
INFORMATION YOU OR USERS TRANSMIT VIA THE SERVICES OR OVER THE INTERNET.
3) No Liability. CORBEAU WILL NOT BE LIABLE TO YOU, ANY USER, OR ANYONE ELSE FOR ANY
USE OF THE SERVICES BY YOU OR ANY USER THAT VIOLATES THIS ACCEPTABLE USE POLICY, OR
FOR ANY FAILURE BY YOU TO ENFORCE ANY OF YOUR OBLIGATIONS UNDER THIS ACCEPTABLE
USE POLICY. YOU AGREE TO INDEMNIFY (AS DEFINED IN THE TERMS, IF AT ALL), DEFEND, AND
HOLD CORBEAU, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, CONSULTANTS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL DEMANDS,
ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING
ACTUAL ATTORNEYS’ FEES (EACH, A “CLAIM”), RESULTING FROM A VIOLATION OF THIS
ACCEPTABLE USE POLICY BY YOU OR ANY USER(S), MISUSE OR ABUSE OF THE SERVICES BY YOU
OR ANY USER(S), OR INFRINGEMENT BY YOU OR ANY USER(S) OF ANY INTELLECTUAL PROPERTY
OR OTHER RIGHT OF ANY PERSON OR ENTITY. You agree to cooperate (at Your own cost) as
fully as Corbeau reasonably requires in Corbeau’s defense of any Claim. Corbeau reserves the
right, at its own expense, to assume the exclusive defense and control of any Claim otherwise
subject to indemnification by You, and You shall not in any event settle any matter without the
written consent of Corbeau. Notwithstanding anything to the contrary herein contained, all
terms and procedures relating to Your indemnification obligations under this Acceptable Use
Policy shall be in accordance with the Terms, if therein stated.
4) System Abuse. The actions described below are defined as “System Abuse” and are strictly
prohibited. The categories listed below are intended to serve merely as guidelines regarding
appropriate and inappropriate conduct; the list is by no means exhaustive and should not be
interpreted as such. You are responsible for determining whether a particular use is permitted,
by contacting Corbeau via electronic mail at legal@corbeautech.com. Corbeau expressly
reserves the right, in its discretion, to pursue any remedies that it believes are warranted which
may include, but are not limited to, filtering, suspending, or terminating accounts and/or Users
that engage in System Abuse, refuse to resolve System Abuse issues or to comply with this
Acceptable Use Policy.
i) Unauthorized Access/Interference
You shall not:
i) engage in activity which is, or Corbeau reasonably believes is or could be, or transmit
unwanted or offensive, fraudulent, illegal, harmful, harassing content, in violation of a court
order decree or the like, or that interferes with the Services, others’ use or enjoyment of the
Services or the internet in general;
ii) attempt to gain unauthorized access to, or attempt to interfere with or compromise the
functioning, operation, or security of any network, system, computing facility, equipment, data,
or information;
iii) attempt to intercept, redirect, or otherwise interfere with communications intended for
others;
iv) attempt to interfere with or deny service to any User or host (either of which is rightfully and
lawfully using the Services e.g., denial of service attacks);
v) provide any false information, including falsify header information or User identification
information;
vi) introduce malicious programs into the network, server or Services (e.g., viruses, worms,
Trojan horses, disabling devices, etc.), or intentionally transmit files containing a computer virus
or corrupted data;
vii) without Corbeau’s written consent: re-sell, re-brand, re-supply, re-market, otherwise
transfer or commercially exploit the Services;
viii) collecting data, without written authorization, regarding use or operation of the
Services or other Users of the Service; or ix) engage in any of the foregoing activities by using
the services of another provider or third party and channeling such activities through an
account provided by Corbeau, or otherwise involving the Services or any Corbeau account, in
any way with or without another provider or third party for the purpose of facilitating the
foregoing activities.
ii) System/Network Security Violations
You shall not use the Services to:
i) without the owner’s express prior written authorization: attempt to or actually access or use
data, systems or networks, including any attempt to probe, scan or test the vulnerability of a
system or network, or breach security or authentication measures;
ii) monitor data or traffic on any network or system in any way (including but not limited to
“packet sniffing”) without the system or network owner’s express prior written authorization;
iii) attempt to or circumvent User authentication or security of any host, network, or account;
iv) attempt to or gain unauthorized access to User accounts or passwords;
v) engage in “hacking”, misuse or share User accounts or passwords with any other party,
attempt to violate Corbeau or a third party’s security, or attempt to infiltrate any network,
without express prior written authorization of the owner thereof;
vi) attempt to or breach or disrupt internet communication including, but not limited to,
accessing data of which You or the User is not an intended recipient, or logging into a server or
account that You or the User is not expressly authorized to access; or violate the acceptable use
policies of any networks, machines, or services which are accessed through Corbeau’s network;
or
vii) be in excess of Corbeau-specified bandwidth or similar limitations, if any; and, any
programs, scripts, or processes that generates excessive server load on Corbeau servers are
prohibited. Corbeau reserves the right to terminate or suspend any such program, script, or
process.
iii) Social Media and other Postings
i) all postings (including but not limited to cross postings), utilizing the Services, on any form of
web-based technologies (e. g. social media), or other technological interactive facilities must
comply with each network’s, community’s or applicable entity’s terms of use, policies, other
requirements and applicable laws.
ii) You shall not use the Services to:
(A) engage in cyberbullying, online harassment, trolling, continued posting of off-topic
messages, including commercial messages (unless specifically
invited by the applicable group), spamming and any prohibited activity (“Prohibited Activity”);
(B) post articles with falsified header information; or,
(C) issue postings that have been falsified so as to appear to come from someone other than
You or the User, as applicable.
iii) You will be charged, and You agree to pay for Users who engage in any Prohibited Activity
using Services; at a minimum, You will be charged the cost of labor to issue cancellations and
respond to complaints (i.e., a minimum charge of $US200).
iv) Other Prohibited Activities
The following activities are also prohibited System Abuses:
i) storing any program, utility or file on Corbeau’s servers, the use of which would constitute a
violation of this Acceptable Use Policy (e.g., hacker scripts, IRC bots, or Spamming software);
ii) any activity involving the resale of Corbeau’s Services, unless specifically documented in a
separate written agreement executed with Corbeau;
iii) any activity involving deceptive online marketing practices including without limitation
practices that violate federal, state, local and international laws, regulations, ordinances and
standards, e.g., the United States Federal Trade Commission’s and/or the Federal
Communications Commission’s regulations and/or guidelines for proper online marketing
schemes;
iv) use of the Service by anyone under the age of 13 (or equivalent minimum age in User’s
home country or state); or
v) any other illegal, infringing, or inappropriate activity or abuse of the Services (as determined
by Corbeau in its sole discretion, which discretion Corbeau shall exercise reasonably). Whether
or not specifically listed in this Acceptable Use Policy. Prohibited Activity or abuse of the
Services authorizes Corbeau to suspend or terminate the User’s access to and use of the
Services.
5) Illegal Activity
You agree to use the Services only for lawful purposes and not for transmission, distribution or
storage of any material in violation of any applicable law. This includes, without limitation,
material protected by copyright, trademark, trade secret or other intellectual property right
used without proper authorization, and material that is obscene, defamatory, constitutes an
illegal threat, or violates export control laws.
6) Enforcement
i) Subject to the Terms, Corbeau may electronically monitor the Services and access and
disclose any information transmitted or stored thereon. Corbeau may investigate any
suspected violation of this Acceptable Use Policy, and You agree to cooperate fully with any
such investigation. You recognize that Corbeau may cooperate with any government, law
enforcement agencies, or other parties including reporting or investigating possible violations
of law or otherwise inappropriate activity. Corbeau may forward the relevant communication
and other information, including Your identity, to the appropriate authorities for investigation
and prosecution. You consent to Corbeau’s forwarding of any such communications and
information to these authorities. In addition, Corbeau may disclose Your personal information,
any communications sent or received by You, and any other information that Corbeau may
have about Your account, including but not limited to, types of Services, length of Services, MAC
address(es), IP address(es), email address(es), and all other account information, as follows: in
response to law enforcement or other governmental agency requests; as required by law,
regulation, rule, subpoena, search warrant, court order or the like; as necessary to identify,
contact, or bring legal action against someone who may be violating the law, or misusing the
Services, to protect Corbeau’s rights and property; or, in emergency situations where disclosure
of such information is necessary to protect Corbeau customers or third parties from imminent
harm. Violations of system or network security are prohibited and may result in criminal and
civil liability. Corbeau reserves its rights to seek criminal and civil liability, including equitable
relief, against Users who violate Corbeau’s security. Notwithstanding the foregoing, Corbeau
does not assume any obligation to monitor the use of the Services and You bear full
responsibility for transmitting information, screening unwanted transmissions, reporting
offensive or illegal communications and backing up any of Your data used in connection with
Services.
ii) Digital Millennium Copyright Act. Corbeau responds expeditiously to claims of intellectual
property infringement. Corbeau will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright Act
(“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or
substantially complying with the DMCA, when it is under its control, Corbeau will act
expeditiously to remove or disable access to any material claimed to be infringing or claimed to
be the subject of infringing activity and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be infringing. Corbeau will terminate
access for You and Users who are repeat infringers. If You believe that a copyrighted work has
been copied and is accessible on Corbeau’s website in a way that constitutes copyright
infringement, You may notify us by providing the following information:
iii) an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
iv) a description of the copyrighted work that You claim has been infringed;
v) a description of where the material that You claim is infringing is located on the website;
vi) Your address, telephone number, and email address;
vii) a statement by You that You have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and,
viii) a statement by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on the copyright
owner’s behalf.
It is Your responsibility to check the DMCA for additional or modified requirements.
7) Notices and Acknowledgements
i) Notice of a claimed infringement, complaints regarding illegal use or System or network
security issues, or complaints regarding Spam or other email abuse should be sent to
legalnotice@corbeautech.com.
ii) In most cases, Corbeau will attempt to notify You of complaints received by Corbeau
regarding any activity relating to You that appears to be in violation of this Acceptable Use
Policy, and request that the violating party cease such activity. Without limiting anything set
forth in the Terms, or this Acceptable Use Policy, in cases where the viability of the Corbeau
network is threatened, or in cases involving UCE/Spam, mail relaying, alteration of Your source
IP address information, denial of service attacks, illegal activities, harassment or copyright
infringement, Corbeau reserves the right to suspend Your Services and/or any Users’ access to
the Services without notification; in addition, Corbeau may take any other appropriate action,
legal or otherwise, against You or Users (in respect of each, You will obtain their
acknowledgement of the foregoing) for violations of this Acceptable Use Policy, which may
include termination of the Services.
iii) You agree that You are solely responsible for the content
of all visual, written or audible communications (“Content”) sent by each User or displayed or
uploaded by any User in relation to using the Services. You acknowledge that neither Corbeau
nor its related parties or vendors are responsible for any Content; You automatically grant (and
warrant and represent that You have a right to grant) to Corbeau and its related parties a
world-wide, royalty-free, sub-licensable (in order for Corbeau, its related parties and
contractors, resellers and partners to deliver the Services) license to use, modify, publicly
perform, publicly display, reproduce and distribute the Content solely in order to provide
Services to User.
iv) When Corbeau removes or disables access to any material claimed to be infringing, Corbeau
may attempt to contact the User who has posted such material in order to give that User an
opportunity to respond to the notification. Any and all counter notifications submitted by a
User will be furnished to the complaining party. Corbeau will give the complaining party an
opportunity to seek judicial relief in accordance with the DMCA before Corbeau replaces or
restores access to any material as a result of any counter notification.
v) For avoidance of doubt, Your indemnity obligations in the Terms are applicable to this
Acceptable Use Policy.
8) Responsibility For Content of Others.
You acknowledge that Users of the Services may violate one or more of the above prohibitions,
but Corbeau assumes no responsibility or liability for such violation. If You become aware of
misuse of the Services by any person, You must contact Corbeau immediately and inform
Corbeau of such misuse. Corbeau may investigate any complaints and violations that come to
its attention and may take any action that it believes is appropriate, including, but not limited to
issuing warnings, removing the Content or terminating accounts and/or User profiles and/or
login. Corbeau also reserves the right not to take any action. Corbeau reserves the right, at its
sole discretion, to determine if a Service is being used for any of the foregoing purposes or
activities. Under no circumstances will Corbeau be liable in any way for any data or other
Content available or viewed on a Site, or actions taken while using the Services, including, but
not limited to, any errors or omissions in any such data, Content or activity or any loss or
damage of any kind incurred as a result of the use of, access to, or denial of access to any data,
Content or activities incurred from the actions taken on a Corbeau website. Corbeau does not
endorse and has no control over what Users post, submit to or do on a website. You
acknowledge that Corbeau cannot guarantee the accuracy of any information submitted by any
User of a website, nor any identity information about any User. Corbeau reserves the right, in
its sole discretion, to reject, posting or other data, or to restrict, suspend, or terminate any Your
or any User’s access to all or any part of a Corbeau website at any time, for any or no reason,
with or without prior notice, and without liability. Corbeau reserves the right to investigate and
take appropriate action against anyone whom, in Corbeau’s sole discretion, is suspected of
violating this Acceptable Use Policy or the Terms, including without limitation, reporting such
person to law enforcement authorities.
Corbeau reserves the right, at its sole discretion, to determine if the Services are being used
for any of the foregoing purposes or activities.
Contact information
Corbeau IP Holdings, LLC
101 Park Avenue, Suite 290
Oklahoma City, OK 73102
legalnotice@corbeautech.com