This Acceptable Use Policy ("AUP") is incorporated into and applies to the terms of all Brio Networks service agreements.  Violation of any portion of this AUP entitles Brio Networks to restrict or terminate your access to Brio Networks products and services.  Brio Networks reserves the right to update or revise this or any other policy or statement on any Brio Networks website, as well as any product offerings or programs described on any Brio Networks website.  Users should periodically revisit this AUP to review any applicable changes to this AUP.

To the maximum extent permissible by law, Brio Networks disclaims all warranties, representations or other endorsements (express or implied) with regard to the information accessed from or through this website or any Brio Networks product or service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Brio Networks does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed.  Brio Networks (or any persons or entities related thereto) shall not be liable for any special, indirect, or consequential damages associated with or arising from use of its products or services in any way, including any loss of use, data or profits.

Compliance with Applicable Laws. This site and all Brio Networks products and services must be used in accordance with the terms of this AUP and the terms of applicable Brio Networks subscriptions, statements of work and/or other service agreements, and in accordance with all federal, state and local laws, ordinances, and regulations.

Prohibited and Unlawful Use. Use of this site or of any Brio Networks product or service for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, or Brio Networks products or services, or any other party's use or enjoyment of this site or Brio Networks products or services is strictly prohibited.

The following uses are specifically prohibited:

·   Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Brio Networks or any of its customers or suppliers, or those of any other party;

·   Any attempt to probe, scan or test the vulnerability of a system or network of Brio Networks or any of its customers or suppliers, any Brio Networks product or service, or those of any other party;

·   Interference, or any attempt to interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;

·   Forgery of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;

·   Falsification of address information or other modification of e-mail headers to conceal the sender's or the recipient's identity;

·   Use of this site or any Brio Networks product or service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider; and

·   Use of this site or any Brio Networks product or service to engage in activities that violate any applicable law or governmental regulation.

It is further prohibited to use any Brio Networks product or service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that Brio Networks (in its sole discretion) determines:

·   Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortuous, pornographic or inaccurate;

·   Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;

·   Constitutes unsolicited duplicative e-mail (commercial or otherwise).  This prohibition extends to the sending of unsolicited mass e-mailings from another service which in any way implicates the use of this site or Brio Networks products or services, including any Brio Networks email address.  A communication is unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient who has not requested receipt of communications;

·   Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer and/or network.

Brio Networks customers' participation in online communication is not edited, censored or otherwise controlled by Brio Networks.  However, Brio Networks reserves the right to monitor content on any Brio Networks online service, and to remove content which Brio Networks, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this AUP.

Intellectual Property Rights. The content and materials on this site, and Brio Networks's products and services, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws.  You agree not to use this site, and/or any Brio Networks product or service, in any manner that would infringe, violate, dilute or misappropriate any such rights, or violate such laws.  No part of any Brio Networks website, product or service shall be interpreted as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Brio Networks or any third party except as expressly otherwise agreed in writing by Brio Networks.

The Brio Networks name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Brio Networks Corporation, and may only be used with the express written permission of Brio Networks.  Brio Networks claims copyright interests in all original content or works provided by Brio Networks on Brio Networks websites.  If any pages, information or content is copied, it may only be copied for non-commercial uses and Brio Networks shall retain all copyright and other proprietary interests therein.

If you use a domain name in connection with Brio Networks web hosting, or any other web hosting service, you must not use that domain name in violation of any trademark, service mark, or similar rights of Brio Networks or any third party.

User's Grant Of Limited License. By posting or submitting content to any Brio Networks website, you: (i) grant Brio Networks the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Brio Networks Privacy Policy, which is incorporated in and made a part of this AUP; and (ii) represent and warrant that you own or otherwise control all of the rights to the content and that public posting and use of your content by Brio Networks will not infringe or violate the rights of any third party.

Dial-Up Use Rules. When using Brio Networks dial-up service, you must not use dial-up services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection.  The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.

Termination. Brio Networks reserves the right, in its sole discretion, to terminate or temporarily suspend your access to Brio Networks products or services, or any portion thereof, at any time in the event that you violate any terms, conditions or notices contained in this AUP.  In the event of service termination, Brio Networks will provide any notice or follow any other procedures specified in your service agreement for such termination.

This AUP is subject to and shall be construed and enforced in accordance with the laws of the State of Arizona without regard to its choice of law principles.  Any disputes hereunder shall be brought in the state or federal court sitting in Phoenix, Arizona

Please send reports of any activity in violation of this AUP, or any complaints regarding the unlawful use or abuse of Brio Networks products or services, infringement of intellectual property rights or system or network security issues to piracy@brionetworks.com. Brio Networks will, in its discretion, investigate incidents involving such violations and may involve and will cooperate with law enforcement officials if a criminal violation is suspected.  Any such violation may result in criminal and civil liability.