AUP

thinQ.com has formulated this AUP in order to encourage the responsible use of thinQ’s networks, systems, services, web sites and products (collectively, “thinQ Services”) by our Customers, Customers’ end-users and customers, and other users of thinQ Services (collectively, “Users”), and to enable us to provide Users with secure, reliable and productive services. All thinQ customers are responsible for reviewing and complying with this Acceptable Use Policy. thinQ customers who provide services to their own customers or other end users are responsible for compliance with the terms of this Policy by their end users and must take steps to ensure compliance by their users with this Policy. By using thinQ Services, Users consent to be bound by the terms of this AUP. If you do not wish to be bound by these terms and conditions, you may not access or use thinQ Services. thinQ reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted to thinQ’s website, or when notice of such modifications (which may be via email or any other notification) has been provided to Users. Any use of thinQ Services after such modification shall be deemed to constitute conclusive acceptance of such modification. thinQ reserves the right to deny or terminate service to a Customer based upon the results of a security/abuse confirmation process used by thinQ. Such confirmation process uses publicly available information to primarily examine Customer’s history in relation to its prior or current use of services similar to those being provided by thinQ and Customer’s relationship with previous providers.

Any User which thinQ believes, in good faith, to have violated any element of this AUP may be subject to a suspension or termination of service. thinQ will suspend service for violation of the AUP on the most limited basis as thinQ determines is reasonably practical under the circumstances to address the underlying violation. thinQ will attempt to notify Customer prior to suspending service for violation of the AUP (which may be via email or any other notification); provided, however, thinQ may suspend service without notice if thinQ becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the AUP, that exposes thinQ to criminal or civil liability or that exposes thinQ, its officers, employees, Customers or affiliates, or the property of the aforementioned to harm. thinQ may take such further action as thinQ determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and thinQ shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from thinQ’s exercise of its rights under this AUP.

Material accessible through thinQ Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use thinQ Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of thinQ Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

The actions described below are defined by thinQ as “network abuse” and are strictly prohibited under this Acceptable Use Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer’s responsibility to determine whether the use is permitted by contacting thinQ via electronic mail. The following activities are expressly prohibited, and thinQ expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts, billing Customer for administrative costs and/or reactivation charges or bringing legal action to enjoin violations and/or to collect damages, if any, caused by Customer violations. Such actions may be taken by thinQ without notice to Customer. In general, thinQ Customers may not use thinQ’s network, machines, or services in any manner which:

violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws;
violates the acceptable use policies of any networks, machines, or services which are accessed through thinQ’s network;
infringes on the intellectual property rights of thinQ or others;
violates the privacy of others;
involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes;
violates any specific instructions given by thinQ for reasons of health, safety or quality of any other telecommunications services provided by thinQ or by reason of the need for technical compatibility of equipment attached to the thinQ Network;
unauthorized use (or attempted unauthorized use) or sabotage of any computers, machines or networks;
attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
falsifying user identification information;
introduction of malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.);
using any calling method/program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
furnishing false or incorrect data on the signup form

This Policy is subject to change with notice by publication on this web site; Customers are responsible for monitoring this web site for changes. This Policy was last updated on August 11, 2010. While thinQ uses reasonable efforts to provide accurate and up-to-date information on this Web site, thinQ makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. thinQ undertakes no duty to update such information.

Reporting of Violations

Violations of this AUP may be reported in writing to:
thinQ, Inc.
5420 Wade Park Blvd.,
Suite 100
Raleigh, NC 27607