Acceptable Use Policy


Copyright

No copyrighted material will be stored or cached on any device owned or operated by Torrey Pines Instruments, Inc. (“Torrey Pines Instruments”) without permission of the holder or within allowances prescribed by the Digital Millennium Copyright Act (DMCA).

Any properly submitted notice for takedown by the copyright holder or agent for the copyright holder to remove materials from a Torrey Pines Instruments owned or managed device will be promptly honored.

Torrey Pines Instruments will honor the protection offered to the customer as prescribed by the DMCA.

If necessary, Torrey Pines Instruments will respond to recognized subpoenas and provide end user information as ordered by the appropriate courts.

Policy

You may not use Torrey Pines Instruments offerings without agreeing to this AUP. Thus, you agree not to use, and not to encourage or allow any end user to use, Torrey Pines Instruments in the following prohibited ways:

  1. Using Torrey Pines Instruments to encourage any illegal, fraudulent, abusive, or other activities that materially interfere with the business or activities of Torrey Pines Instruments.
  2. Attempting to bypass or break any security mechanism on any of Torrey Pines Instruments or using Torrey Pines Instruments in any other manner that poses a material security or service risk to Torrey Pines Instruments or any of its other customers.
  3. Reverse-engineering Torrey Pines Instruments in order to find limitations, vulnerabilities, or evade filtering capabilities.
  4. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Torrey Pines Instruments or any other conduct that materially and adversely impacts the availability, reliability, or stability of Torrey Pines Instruments.
  5. Transmitting any material that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
  6. Using Torrey Pines Instruments in any manner that causes a telecommunications provider to complain about your use to Torrey Pines Instruments or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by Torrey Pines Instruments to you.
  7. Engaging in any unsolicited advertising, marketing or other activities prohibited by applicable law or regulation covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction, including, but not limited to anti-spam laws and regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
  8. Using Torrey Pines Instruments in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, or faxes.
  9. Using Torrey Pines Instruments to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
  10. Using Torrey Pines Instruments to engage in, or in connection with fraudulent activity.
  11. Using Torrey Pines Instruments to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended, unless you have signed a Business Associate Agreement with Torrey Pines Instruments or your use of Torrey Pines Instruments fits within the “conduit” or some other exception for requiring a Business Associate Agreement.
  12. Violating or facilitating the violation of any local, state, federal, or foreign law or regulation, including, but not limited to, laws and regulations regarding the transmission of data or software and recording of phone calls and communications.
  13. Using Torrey Pines Instruments to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law (including, as applicable, California’s Invasion of Privacy Act and similar laws in other jurisdictions).
  14. Using Torrey Pines Instruments in a manner that triggers a law enforcement, government, or regulatory agency to request the suspension of Torrey Pines Instruments to you and/or your phone numbers.
  15. Using Torrey Pines Instruments to transmit any material that infringes the intellectual property rights or other rights of third parties.
  16. Using Torrey Pines Instruments to transmit any material that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material that Torrey Pines Instruments reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
  17. Using Torrey Pines Instruments to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity.
  18. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.

Email

Sending unsolicited commercial electronic mail messages is explicitly prohibited. Torrey Pines Instruments will not hesitate to take steps, which may include immediate suspension of service. This includes unintended sending of unsolicited commercial electronic mail messages due to unsecured devices including, but not limited to: open email relay, proxy, and other possible exploits.

Malicious Activity

Torrey Pines Instruments customers shall use Torrey Pines Instruments services in accordance with all applicable local, state and federal laws, including but not limited to, obscenity laws. Customers shall not use Torrey Pines Instruments services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, nor shall the customer’s use of the Torrey Pines Instruments services impinge upon the use of Torrey Pines Instruments systems by other customers.

Intended

Attempts to exploit other devices or services on and off of the Torrey Pines Instruments network without the permission or implied permission of that party are not permitted. Violations of system or network security may result in criminal and civil liability. Torrey Pines Instruments will cooperate with law enforcement if a criminal violation is suspected. Torrey Pines Instruments will limit any traffic from the offending device or network immediately.

Unintended

Torrey Pines Instruments will notify customers of an exploited device being used for potential malicious activity. If the activity is causing severe damage or strain to other devices or networks, Torrey Pines Instruments will limit traffic to and from that device immediately. Otherwise Torrey Pines Instruments will notify the customer and give a reasonable amount of time to secure the device before limiting traffic to and from that device.

Illegal Activity

Torrey Pines Instruments will cooperate with law enforcement in cases where Torrey Pines Instruments services or devices are being used for any suspected illegal activity.

Reselling of Services

Reselling of any services provided by Torrey Pines Instruments is explicitly prohibited without expressed consent of Torrey Pines Instruments.

Failure to Comply

Failure to comply with Torrey Pines Instruments Acceptable Use Policy may result in the immediate termination of services, responding to law enforcement requests, or any other action deemed necessary by Torrey Pines Instruments in order to protect its network, customer relationships, and commitment to the highest possible quality of service.

In the event that Torrey Pines Instruments determines that Customer has violated or will violate any of these policies, Torrey Pines Instruments may take such action as deemed to be appropriate under the circumstances as known to Torrey Pines Instruments at the time such action was taken to eliminate or preclude such violation. Torrey Pines Instruments shall not be liable for any damages of any nature suffered by any Customer, Client, or third party resulting in whole or in part from its exercise of its rights under these policies. Customer is responsible for any charges resulting from the violation of these policies including but not limited to charges resulting from the compromise of any Customer secure password.

Reporting Violations of the Torrey Pines Instruments Acceptable Use Policy

Torrey Pines Instruments customers shall report to Torrey Pines Instruments any information customers may have concerning instances in which the conditions set forth herein have been or are being violated. When Torrey Pines Instruments becomes aware of any possible violations, Torrey Pines Instruments will initiate an investigation.

To report violations of Torrey Pines Instruments Acceptable Use Policy, send all documentation supporting the complaint to: acceptableusepolicy@torreypinesinstruments.com

Policy Modifications

Torrey Pines Instruments reserves the right to modify this policy at any time.

This policy last updated March 2019.