This Acceptable Use Policy (“AUP”) sets forth terms and conditions for acceptable access and use of ProCogia, Inc. (“ProCogia,” “we,” “us,” or “our”). This Policy applies websites and services (collectively, “Services”) by authorized customers and their users (collectively, “Users”) and supplements any written agreement between ProCogia and a User. This AUP is not meant to be exhaustive, but sets forth examples of conduct deemed by ProCogia to be inappropriate, improper or harmful to ProCogia’s network and Services and thereby prohibited. The restrictions set forth in this AUP shall apply to a User’s employees and any other person or entity that is provided access to the ProCogia Services directly or indirectly by a User (the “Affiliates”). By accessing or using the Services, each User acknowledges that it is authorized to enter into this AUP and has read, understood and agrees to comply with the terms of this AUP, will cause its Affiliates to comply with this AUP, and will be responsible for violations of this AUP by its Affiliates. If User does not agree to this AUP, then do not use the Services.
We reserve the right to modify this AUP from time to time in our sole discretion without notice; such changes will take effect upon the posting of such revised terms on this website. Accordingly, we recommend that Users check this AUP periodically. A User’s continued access or use of the Services after the posting of such revised terms constitutes the User’s agreement to comply with and to be bound by such revised terms. In the event of any conflict between this AUP and any other policy or agreement referenced herein, this AUP shall govern in the absence of specific language to the contrary in such policy or agreement.
User must access and use the Services for lawful purposes and in a manner consistent with the permitted use of the Services. Unless otherwise expressly permitted in writing by ProCogia, User may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Services, or use the Services for the benefit of any third party. User may only use the Services in accordance with this AUP, the ProCogia Terms of Use and your end user agreement with ProCogia.
In this AUP, the term “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the Services and (2) any other materials, content, or data you provide to ProCogia or use with the Services.
Without affecting any other remedies available to us, ProCogia may permanently or temporarily terminate or suspend a User’s account or access to the Services without notice or liability if ProCogia (in its sole discretion) determines that a User or its Affiliates has violated this AUP and reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing. ProCogia shall not be liable for any damages of any nature suffered by any User, Affiliates, or any third party resulting in whole or in part from our exercise of our rights under this AUP. User agrees to indemnify ProCogia for any and all damages, claims, suits, costs or expenses asserted against or incurred by ProCogia related to or in connection with a violation of this AUP by User or its Affiliates.
If ProCogia takes action against User as a result of User’s or its Affiliate’s violation of this AUP, ProCogia will be entitled to recover from User, and User agrees to pay, ProCogia’s reasonable attorneys’ fees and costs incurred in connection with such action, in addition to any other relief granted to ProCogia. Our failure to act with respect to a breach by User or its Affiliates of the terms and conditions hereof shall not constitute a waiver of our rights with respect to such breach or subsequent breaches.