This Switchboard Acceptable Use Policy ("AUP") describes actions that Switchboard prohibits when any party uses Switchboard's Services. This AUP is incorporated by reference into and governed by the Switchboard Terms of Service which contain explanations of defined terms and takes precedence over any conflicting provisions in this AUP. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Terms. You, the Customer, may not use our Services without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any user to use, our Services in prohibited manners including, but not limited to, the following:
Commercial Activities. You agree that you will not under any circumstances (except to the extent expressly authorized by the Terms):
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose (i) any portion of our Services (including your account) or (ii) the access to or use of our Services;
Make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation through our Services;
Use our Services or any part thereof for any commercial purpose including, but not limited to, communicating or facilitating any commercial advertisement, solicitation or activity;
Engage in any chain letters, contests, sweepstakes and lotteries, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) through our Services; or
Market any goods or services through our Services for any business purposes.
For purposes of clarification, nothing in this paragraph shall be construed to limit the ability or right of Switchboard or any of its affiliates including, without limitation, a direct or indirect licensor of user-generated content from Switchboard, from engaging in any of the conduct specifically described in this paragraph or otherwise from making other commercial use of our Services and user-generated content contained therein in accordance with applicable law.
Unauthorized Use or Access. You agree that you will not under any circumstances:
Interfere or attempt to interfere with the proper functioning of our Services or connect to or use our Services in any way not expressly permitted by the Terms;
Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders or otherwise;
Use, display, mirror or frame our Services, or any individual element within our Services, Switchboard's name, any Switchboard trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Switchboard's express written consent;
Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through our Services or that is in transit from or to our Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by our Services;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or our Services, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of our Services, or take any action that imposes or may impose (in Switchboard's sole discretion) an unreasonable or disproportionately large load on the infrastructure for our Services;
Bypass any robot exclusion headers or other measures Switchboard takes to restrict access to our Services, or use any software, technology or device to send content or messages, scrape, spider or crawl our Services, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to our Services, including, but not limited to (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Services, or (ii) any connection using programs, tools or software not expressly approved by Switchboard;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Services, or to obtain any information from our Services;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any user-generated content transmitted through our Services;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Solicit or attempt to solicit personal information from other users of our Services;
Use our Services to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use our Services to send altered, deceptive or false source-identifying information; or
Upload or transmit (or attempt to upload or to transmit) any material to our Services that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
General. In connection with your use of our Services you will not:
Make available any user-generated content that: (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity including, but not limited to, Switchboard personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any user-generated content that you do not have a right to Make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make available any user-generated content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one account or register for an account on behalf of an individual other than yourself;
Stalk or otherwise harass any other user of our Services; or
Advocate, encourage or assist any third party in doing any of the foregoing activities set forth in subparagraphs (a) through (i) of this paragraph.
Furthermore, you agree that the following minimum usage and data requirements, which will be measured at the master account level on a calendar month basis, apply to your use of our Services, and you understand that we will provide you with notice of any violation of these requirements and allow you thirty (30) days to comply before taking any further action with your account in accordance with the Terms of Service.
Please note. This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this AUP will be made by Switchboard in its sole discretion.
You may contact via email at [email protected] regarding this AUP. Or, you may write to us at the address listed below.
Switchboard Live, Inc.
1608 Walnut Street
Philadelphia, PA 19103