Acceptable Use Policy (AUP)

This Acceptable Use Policy (this “AUP”) describes prohibited uses with respect to any entity’s use of the Antenna Software, Inc. AMPchroma website located at ________________ (the “AMPchroma Site”)and the AMPchroma services (the “Services”) provided by Antenna The examples described in this Policy are not exhaustive. We reserve the right to modify this Policy at any time and will alert you by email if changes have been made. By using the Services or accessing the AMPchroma Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services immediately and without prior notice.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or AMPchroma Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

  • Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography or any violation of any other applicable local, state, national or international law or regulation, including without limitation the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), the U.S Telephone Consumer Protection Act of 1991, 15 U.S.C. sec. 7701 et seq., the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Digital Millennium Copyright Act (DMCA), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada), and any regulations having the force of law or laws in force of your country of residence or that of any user of a mobile application built or run on the Services.
  • Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Antenna recommends that anyone developing and deploying mobile applications or websites either through the Services or otherwise should adopt the Mobile Application Privacy Policy Framework authored and prepared by the Mobile Marketing Association Privacy & Advocacy Committee with collaborative input from members of the Mobile Marketing Association. The framework is intended to address core privacy issues and data processes of mobile applications. The complete mobile MMA Mobile Application Privacy Framework document is available at the organization’s web site at http://www.mmaglobal.com.

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or AMPchroma Site. We may:

  • investigate violations of this Policy or misuse of the Services or AMPchroma Site; or
  • remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the AMPchroma Site.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer or end user information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please contact: [email protected].

Notice and Procedure for Claims of Copyright Infringement.

  1. Any person may notify Antenna’s designated agent of any alleged claim of copyright infringement at: Email Address: [email protected].
  2. In order to have an effective notification of an alleged claim of copyright infringement, Antenna’s designated agent must receive the following information:
  3. a. Identification of the copyrighted work claimed to have been infringed;
    b. Identification of the material on the Web Site that is claimed to be infringing, with enough detail so that Antenna may locate it on the Web Site;
    c. A statement that the person providing the notification has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    d. A statement by the person providing the notification declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that the person providing the notification is the owner of the copyright interest involved or is authorized to act on behalf of that owner;
    e. The address, telephone number, and email address of the person providing the notification; and
    f. The physical or electronic signature of the person providing the notification.
  4. Upon receipt of an effective notice, Antenna will take appropriate action pursuant to the procedures outlined in Section 512 of Title II of the Digital Millennium Copyright Act DMCA.