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TERMS & CONDITIONS

 

 

 

Silkstream Service Agreement

Silkstream Service Agreement               

 

Code of conduct

 

Updated August 1, 2011
Effective August 31, 2011

 

Thank you for choosing Silkstream!

 

Please read this agreement carefully. It's a contract that governs your use of any Silkstream® services or software, or other Silkstream® services or software that directly display or link to this agreement (the "service"). By using or accessing the service, you confirm that you agree to these terms. If you don't agree, don't use the service. Thank you.

 

1. What the contract covers

This is a contract between you and the Silkstream company listed in Section 13 ("Silkstream," "we," "us," or "our") for use of the service that Silkstream supplies. Sections 1–13 apply across the service. Sections 14 and 15 apply only if the service involves payments to or from Silkstream. Sections 16–18 apply only if you use the software or services identified in those sections. Some of these services may not be fully available in your country or region.

Please note that we don't provide additional warranties for the service. This contract also limits our liability to you. See Sections 9 and 10 for details.

2. Using the service

When using the service, you must comply with this contract, all applicable laws and the Silkstream Anti-Spam Policy (http://silkstream.ws/anti-spam-policy). As applicable, you must also obey the code of conduct (http://silkstream.ws/code-of-conduct).

You must not use the service to harm others or the service. For example, you must not use the service to harm, threaten, or harass another person, organization, or Silkstream. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Silkstream, or metasearching) to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there.

3. Silkstream  

We may provide you with credentials on our Silkstream authentication network to use with the service. You're solely responsible for your dealings with third parties (including advertisers) who use the network, including as to the delivery of and payment for goods. This contract applies whenever you use Silkstream. When you use Silkstream to gain access to any website, the terms and conditions for that website, if different from this contract, may also apply to your use of that website.

4. Your service account, associated accounts, and accounts from third     parties

Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the service, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). You're responsible for all activity that takes place with your service account and any associated accounts.

If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.

If you use Silkstream software to monitor accounts on your computer, you represent and warrant that you are authorized to accept this contract on behalf of the individuals using those accounts.

5. Your content

Except for material that we license to you, we don't claim ownership of the content you provide on the service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.

You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Silkstream. If you don't want others to have those rights, don't use the service to share your content.

You understand that Silkstream may need, and you hereby grant Silkstream the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.

Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.

You're responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

6. Privacy

In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your computer, your use of the service, and service performance. We use and protect that information as described in the Silkstream Online Privacy Statement (http://silkstream.ws/privacy-statement). In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Silkstream or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Silkstream employees, customers, or the public.

The service is a private computer network that Silkstream operates for the benefit of itself and its customers. Silkstream retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.

7. Software

If you receive software from us as part of the service, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this contract apply. We reserve all other rights to the software.

We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service.

Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the service, except and only to the extent that the applicable copyright law expressly permits doing so.

The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's Lists to Check). You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists.

For software that requires supplements to Silkstream software, such as Silkstream Imaging Component, you may use a copy of the supplement with each validly licensed copy of the software identified for use with it. If you don't have a license for the Silkstream software, you may not use the supplement. The Silkstream software license terms apply to your use of the supplement.

If you use the software to access content that has been protected with Silkstream Digital Rights Management (DRM), the software may automatically request media usage rights from an online rights server and download and install DRM updates in order to let you play the content. For more information, see the DRM information in the http://www.silkstream.ws/silkstream_spinner_privacy_statement(http://silkstream.ws/silkstream_spinner_privacy_statement.h tml). You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists.

 

You may display and print content in the fonts installed by the service, but you may not make unauthorized copies of the fonts.

 

8. How we may change the contract

If we amend this contract, then we'll notify you before the change takes effect. We may give this notice by posting it on the service or by any other reasonable means. If you don't agree to the change, we're not obligated to keep providing the service, and you must cancel and stop using the service before the change becomes effective. Otherwise, the new terms will apply to you.

9. No warranty

We provide the service "as is," "with all faults," and "as available." We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

10. Liability limitation

You can recover from Silkstream and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.

The limitations and exclusions apply to anything related to this contract, for example:

• The service.
• Loss of data.
• Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service.
• Viruses or other disabling features that affect your access to or use of the service.
• Incompatibility between the service and other services, software, and hardware.
• Delays or failures you may have in starting or completing transmissions or transactions in connection with the service in an accurate or timely manner.
• Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

11. Changes to the service and cancellation

We may change the service or delete features at any time for any reason. A particular service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

We may cancel or suspend your service and your access to the Silkstream network at any time without notice and for any reason. Our reasons for cancellation may include that we stop providing the service in your region or that you breach this contract, fail to sign into the Silkstream network during a 90-day period, or don't pay fees that you owe to us or to our agents. If your service is canceled, your right to use the service stops immediately. If we cancel your credentials, your right to use Silkstream stops immediately. Cancellation of the service or credentials won't alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, we'll refund to you on a pro-rata basis any payments that you have made based on the portion of your service that would otherwise remain.

You may cancel the service at any time and for any reason. If it's a paid service, some charges may apply. Sections 6, 9–13, 14 (for amounts incurred before termination), 15, and those that by their terms apply after termination of this contract will survive any termination of this contract.

12. General Legal Terms

12.1. Interpreting the contract

All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service—for example, you may have been a beta tester—those obligations remain. Other terms may apply when you use or pay for other Silkstream services. The contract's section titles don't limit its terms.

12.2. Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

12.3. No third-party beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

12.4. Claims

Claims must be filed within one year. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

12.5. Notices

You may notify us as stated in customer support for the service. We don't accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the service or by access to a Silkstream website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

13. Contracting party, choice of law and location for resolving disputes

• If you live in or your business is headquartered in North or South America, you're contracting with Silkstream Corp., 3063 Mower Ct., Unit B, Fort Meade, MD, 20755 USA, and Maryland State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Anne Arundel County, Maryland, USA, for all disputes arising out of or relating to this contract.

14. If you pay Silkstream

14.1. Cooling off period

When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period despite your waiver and even when a service starts right away. You may cancel the service as provided in Section 14.9.

14.2. Charges

When you are paying for a service, this Section 14 applies if you pay us directly. Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission.

14.3. Payment

You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the service using your payment method and for any paid feature of the service that you choose to sign up for or use while this contract is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.

14.4. Updates to your billing account

You must keep all information in your billing account current. You can access and modify your billing account on the Billing and Account Management website(https://billing.silkstream.ws). You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid service, we may cancel that service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

14.5. Trial period offers

Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges. If you do not cancel your service and we have told you the service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service.

14.6. Prices and price increases

The price stated for the service excludes all taxes and phone charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, phone charges and currency exchange settlements).

We'll notify you in advance if we change the price of the service. If there's a specific length and price for your service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly) with no specific length, we'll notify you of any price change at least 30 days in advance. If you don't agree to these changes, you must cancel and stop using the service before the changes take place. If you cancel, your service ends at the end of your current service period or, if we bill your account on a period basis, at the end of the period in which you canceled.

14.7. Refund policies

Unless otherwise provided by law or by a particular service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense.

14.8. Online statement and errors

We'll provide you with an online billing statement on the Billing and Account Management website (https://billing.Silkstream.com), where you can view, print, or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will provide paper copies only for the past 120 days. If we make an error on your bill, we'll correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you don't tell us within that time, you release us from all liability and claims of loss resulting from the error; we won't be required to correct the error. We can correct billing errors at any time.

14.9. Canceling the service

You may cancel the service at any time, with or without cause. Go to the Billing and Account Management website (https://billing.Silkstream.ws) for information on canceling your service. Some service offers may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the service won't alter your obligation to pay all charges made to your billing account.

14.10. Late payments

Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.

14.11. Internet access service

If the service doesn't include Internet access, you're responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes Internet access. This service may not be available in your country or region.

If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you're calling and where you're calling from. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if we suggest a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. We will not reimburse you for such charges.

15. Payments to you

Your right to any payment due to you under the service is conditioned upon you promptly providing us with all of the information we need to properly make the payment. You must provide us with the information we request before your right to receive the payment accrues. You're responsible for the accuracy of the information you provide and for any taxes and charges you may incur. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce your earned balance without notice to adjust for the previous overpayment.

16. SILK-EVERYWHERE

The following terms apply to Silkstreams’ SILK-EVERYWHERE.

• Your dealings with others. Silkstream may offer goods and services from third parties through the service. If so, for those goods and services your relationship is with the third party only and not with us. You're solely responsible for your dealings with any third party.

You represent and warrant that: the products and services you advertise, sell, and distribute are legal for sale and distribution and do not violate this contract; you have all licenses necessary to sell, distribute and advertise the goods and services you offer; and all sales and advertisements will comply with applicable law.

• Your privacy practices. In using the service, you may be able to collect personal information about third parties. If you do, you must: post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information that you collect from such third parties; provide a hypertext link to your privacy policy on the home page of your website and on all pages where you collect personal information from third parties, including on checkout pages; and use personal information only as expressly permitted by your privacy policy and in accordance with applicable data protection laws.
• Domain Name Service

 

• If you register, renew, or transfer a domain name through the service, we connect you with an accredited registrar that will seek to register, renew, or transfer the domain name. The domain service contracts for ccTLDs and gTLDs are contracts between you and the registrar, and not between you and Silkstream. As such, Section 16 of this contract applies.

Silkstream does not control the availability of any domain name you seek to register or renew and will have no liability relating to your use of the domain name. You represent and warrant that any domain name you register, renew, or transfer through the service and the registrar will not infringe the rights of third parties.

• Except during the first five days after you subscribe to the service, if your service is canceled for any reason, your domain name will remain registered for its current annual term but won't point to your website or work with your email service.

 

17. Silkstream and SILK-EVERYWHERE Web App media elements and       templates

If you use Silkstream or the Silkstream SILK-EVERYWHERE Web Apps, you may have access to media images, clip art, animations, sounds, music, video clips, templates, and other forms of content ("media elements") provided with the software available on Silkstream.ws or as part of a service associated with the software. You may copy and use the media elements in projects and documents. You may not: (i) sell, license, or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene works using the media elements. For more information, see the Use of Silkstream Copyrighted Content webpage (http://www.Silkstream.ws/use_of_silkstream_co).

 

18. Silkstream Video

The videos and embeddable video player available on Silkstream Video are for your noncommercial, personal use only and, unless otherwise indicated, may not be downloaded, copied, or redistributed without authorization from the rights holders. You may not use the embeddable video player on any website whose primary purpose is the display of advertising or collection of subscription revenues or is in direct competition with Silkstream Video unless you first get our consent. You agree that your use of the embeddable video player may result in additional third-party costs, fees, and royalties, including applicable public performance royalties in your country or region.

 

Notices

Notices and procedure for making claims of copyright infringement

 

Notifications of claimed copyright infringement should be sent to Silkstream's designated agent.

Copyright and trademark notices

All contents of the service are Copyright © 2019 Silkstream Corporation and/or its suppliers, 3063 Mower Ct, Unit B, Ft. Meade, Maryland, 20755, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the service and content. Silkstream, SILK-EVERYWHERE, Silkstream’s logo (Spider), and other Silkstream products and services may also be either trademarks or registered trademarks of Silkstream in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this contract are reserved. Certain software used in certain Silkstream website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991–1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Silkstream website servers is copyright © 1986–1993 Thomas Williams, Colin Kelley. All rights reserved.

Stock quotes and index data (including index values)

All information provided by Interactive Data Corporation ("IDC") and its affiliates (the "IDC Information") included in the service is owned by or licensed to IDC and its affiliates. You're permitted to store, manipulate, analyze, reformat, print, and display the IDC Information only for your personal use. You may not publish, retransmit, redistribute or otherwise reproduce any IDC Information in any format to anyone. Nor will you use any IDC Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. Before executing a security trade based upon the IDC Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither IDC nor its affiliates or their respective licensors will be liable to any user or anyone else for any interruption, inaccuracy, delays, error, or omission, regardless of cause, in the IDC Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) that result.

You may not use any of the Dow Jones Indexes, index data or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.

Financial notice

Silkstream is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the service is an offer or solicitation to buy or sell any security. Neither Silkstream nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the service is intended to be professional advice, including but not limited to, investment or tax advice.

Notice about the H.264/AVC Visual Standard and the VC-1 Video Standard

The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla.com.

For clarification purposes only, this notice does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.

Support

Customer support isn't offered for the service, unless the materials we publish in connection with a particular service specify that it is.

 

Silkstream Anti-Spam Policy

This statement applies to those Silkstream websites and services that display or link to this notice (“Services”). Silkstream prohibits the use of the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any Services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Silkstreams’ Services or customers.

In addition, e-mail sent, or caused to be sent, to or through the Services may not:

1.  use or contain invalid or forged headers;

2.  use or contain invalid or non-existent domain names;

3.  employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;

4.  use other means of deceptive addressing;

5.  use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;

6.  contain false or misleading information in the subject line or otherwise contain false or misleading content;

7.  fail to comply with additional technical standards described below; or

8.  otherwise violate the applicable Terms of Use for the Services.

Silkstream does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Services. Silkstream does not permit or authorize others to use the Services to collect, compile or obtain any information about Silkstream’s customers or subscribers, including but not limited to subscriber e-mail addresses, which are Silkstream's confidential and proprietary information. Use of the Services is also subject to the applicable Privacy Statement and Terms of Use.

Silkstream does not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of the Services, or that could interfere with any other party's use and enjoyment of any Service.

If Silkstream believes that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Silkstream may immediately terminate any account on any Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Services. Failure to enforce this policy in every instance does not amount to a waiver of Silkstream's rights.

UNAUTHORIZED USE OF THE SERVICES IN CONNECTION WITH THE TRANSMISSION OF UNSOLICITED E-MAIL, INCLUDING THE TRANSMISSION OF E-MAIL IN VIOLATION OF THIS POLICY, MAY RESULT IN CIVIL, CRIMINAL, OR ADMINISTRATIVE PENALTIES AGAINST THE SENDER AND THOSE ASSISTING THE SENDER.

 

Code of conduct

Silkstream Service Agreement

Code of conduct
 

Updated: August 2011

 

This Code of Conduct applies to all Silkstream and SILK-EVERYWHERE and other services that allow users to post or share content with others, when those services display or link to this Code of Conduct (the 'services'). Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.

Member Qualifications

The services are designed for individuals 13 years of age or older.

As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload.

In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws.

Prohibited Uses

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:

• depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
• incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
• misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
• provides or creates links to external sites that violate this Code of Conduct.
• includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
• is intended to harm or exploit minors in any way.
• is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.
• invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
• is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
• threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
• harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
• attempts to impersonate a Silkstream employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
• promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
• contains or could be considered 'junk mail', 'spam', 'chain letters', 'pyramid schemes', 'affiliate marketing' or unsolicited commercial advertisement.
• mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
• attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of this Code of Conduct, colluding with others on voting or using multiple profiles.
• offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
• contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.

You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Silkstream Corporation.

Termination and Cancellation

Silkstream reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user-created services and content at will and without notice, and delete content and accounts. Silkstream reserves the right, at its sole discretion, to ban participants or terminate access to services.

Rights and Responsibilities

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

Silkstream is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.

You may use the Report Abuse link to report violations of this Code of Conduct.

Silkstream reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.

Some information you provide or upload to the service may be stored outside of the country in which you reside.

All activity on the service is also governed by the Silkstream Service Agreement.

Silkstream Video (Portal) Code of Conduct Supplement

 

Last updated: August 2011

 

Note that this is a supplement to the Code of Conduct above. In order to understand the code of conduct for a particular service, you should read both the Code of Conduct and any applicable supplement.

Only users who reside in Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Great Britain, Hong Kong, India, Italy, Japan, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Singapore, Spain, Sweden, Thailand, Turkey or the United States may upload videos to Portal on Silkstream Video.

 

Report violations of this Code of Conduct

This is your community. Help us make it strong, vibrant and enjoyable by all members.

• If you see content that violates this Code of Conduct, please report it for review.

Thank you for using the services and honoring this Code of Conduct!

 

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