Next Generation StaffingWare

MOBILE TERMS OF SERVICE

Thank you for choosing Next Generation StaffingWare (NG) as your business partner. We’ve developed this Acceptable Use Policy (“AUP”) to help you use the NG software applications, analytics, tools, platforms, and services (“Services”), and ensure that you understand the policies and procedures we have developed to comply with certain laws and regulations. This AUP applies to all customers and users of the Services, and all users of the Services must comply with this AUP. If you use the Services, you agree to comply with this AUP. If you have agreed to another agreement with NG related to the Services (“Agreement”), this AUP is incorporated by reference into that agreement and becomes part of that agreement. To the extent of any conflict between the provisions of this AUP and the provisions of any other Agreement, the provisions of such other Agreement shall take precedence and govern. Capitalized terms used in this AUP but not defined will have the meaning given to such terms in the applicable Agreement.

Your use and/or continuation of the Service constitutes your acceptance of this AUP. It is your responsibility, and contractual obligation, to ensure that your affiliates, agents, customers, and/or users comply with this AUP.

NG reserves the right to refuse to provide the Services to anyone who violates this AUP at our sole discretion. This AUP may not represent all possible ways you or a user engage in unacceptable behavior. In our sole and exclusive judgment, we reserve the right to determine what activities are unacceptable. The version of this AUP available here is the most recent version.

1. 1. Acceptable Use Policies
2. 1.1. Violations of Law.

You shall not use the Services to violate any Applicable Law. “Applicable Law” includes all applicable laws, rules, and regulations applicable to you, your business, or the subject matter of the Agreement, including, without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended.

3. 1.2. Prohibited Uses
• Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
• Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
• Impersonation of any person or entity, including, but not limited to, Next Generation StaffingWare personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Harm minors in any way.
• Making available any 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 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.
• Making available any 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).
• Stalking or otherwise harassing any person or entity.
• Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, treaty, or regulation, or any order of a court.
• Deceptive practices such as posing as another service for the purposes of phishing or pharming.
• Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion or harmful action.
• Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Sending unwanted telemarketing, promotional or informational messages without having procured the necessary consents, right and license from the recipient(s) of your messages.
• Sending messages in violation of the U.S. National Do Not Call Registry or related considerations under Applicable Law.
• Send Protected Health Information unless allowed under Applicable Law.
• Registering for more Accounts or associated Admin Logins or User Logins than for which fees have been paid or register for an Account on behalf of an individual other than yourself.
4. 2. Other AUPs.

You shall not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider, telecommunication provider, or messaging service provider.

5. 3. Other’s Use of the Services.

You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with NG or its service partners’ ability to provide the Services, or that otherwise may create legal liability for NG or its service partners in NG’s sole discretion.

6. 4. Security.

You may not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through or in connection with, the Services. Without limiting the foregoing, you shall not use the Services for, or in connection with, the following:

• Hacking, cracking into, or otherwise using the non-public areas of the Services or any other system without authorization.
• Unauthorized probes or port scans for vulnerabilities.
• Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.
• Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.
• Unauthorized network monitoring or packet capture.
• Forged or non-standard protocol headers, such as altering source addresses.
• Flooding.
• Denial of Service (DoS) attacks of any kind.
• Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
• Deceptive practices such as posing as another service for the purposes of phishing or pharming.
• Operating network services such as: open proxies; open mail relays; or open, recursive domain name servers.
• Sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the Terms and this Policy.