Acceptable Use

As a provider of an Employee Benefit Communication Portal, HR web site hosting, and other Internet-related services, SmartBen offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. SmartBen respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, SmartBen reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SmartBen has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing SmartBen's services. This AUP will be revised from time to time. A customer's use of SmartBen's services after changes to the AUP are posted on SmartBen's web site, www.SmartBen.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that SmartBen cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet. Because SmartBen cannot monitor or censor the Internet, and will not attempt to do so, SmartBen cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that SmartBen does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over SmartBen's network and may reach a large number of people, including both subscribers and nonsubscribers of SmartBen, subscribers' postings to the Internet may affect other subscribers and may harm SmartBen's goodwill, business reputation, and operations. For these reasons, subscribers violate SmartBen policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. SmartBen is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also SmartBen's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials

Using SmartBen's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. SmartBen is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through SmartBen's network.

Defamatory or Abusive Language

Using SmartBen's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"), or, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

News Groups

SmartBen reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that SmartBen determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. SmartBen will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with SmartBen policy or applicable law. When SmartBen becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

SmartBen has the right to directly take action against a customer of a subscriber. Also, SmartBen may take action against the SmartBen subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, SmartBen anticipates that subscribers who offer customer access will cooperate with SmartBen in any corrective or preventive action that SmartBen deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SmartBen policy.

SmartBen will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. SmartBen may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SmartBen may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SmartBen assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SmartBen may disclose subscriber information or information transmitted over its network where necessary to legally protect SmartBen and others from harm, or where such disclosure is necessary to the proper operation of the system.

SmartBen expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate SmartBen policy. Finally, SmartBen wishes to emphasize that by logging in to the SmartBen system or as an employer signing the service agreement, subscribers indemnify SmartBen for any violation of the service agreement, law, or SmartBen policy, that results in loss to SmartBen or the bringing of any claim against SmartBen by any third-party. This means that if SmartBen is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against SmartBen, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of SmartBen users and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@smartben.com.