Acceptable Use Policy

This Acceptable Use Policy ("AUP") describes the terms under which any user or users (the "Client") of the RealMetrics products agree to be bound by during their use of the Trendics Application Services. Client acknowledges and agrees to be bound by all the terms, conditions, and policies of the AUP, as set forth herein, including any future amendments as published on our website. Client acknowledges and agrees that it is responsible for continual compliance of this policy, in order to ensure the integrity, security and reliability of the Trendics Application Services and its networks, systems, facilities and data.

Sending Spam. Client may not send, or attempt to send, unsolicited email messages ("Spam"). Spam is not only annoying to Internet users; it violates many federal and state laws and seriously affects the efficiency and cost-effectiveness of the Trendics Application Services. Sending Spam can lead to industry blacklisting of Client's and/or RealMetrics's business and mail servers, resulting in interruption and/or termination of Client's Trendics Application Services.

Specifically, Client agrees not to:

1. Send, or attempt to send, Spam of any kind from the Trendics Application Services or Trendics Network;
2. Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the Trendics Network or checked by the Trendics Application Services, or referencing an email address hosted on the Trendics Network or checked by the Trendics Application Services;
3. Send email messages which result in complaints from the recipient or from the recipient's email provider, or which result in blacklisting of the sender's email address or mail server;
4. Send email messages which are excessive and/or intended to harass or annoy others;
5. Continue to send email to a recipient that has indicated that he/she does not wish to receive it; or
6. Take any actions intended to cloak the Client's identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses.

In the absence of positive, verifiable proof to the contrary, RealMetrics considers complaints by recipients of emails to be de-facto proof that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

Security. Client is prohibited from violating, or attempting to violate, the security of the Trendics Network. Any violations may result in criminal and civil liabilities to the Client.

RealMetrics will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Trendics Network include, but are not limited to: (i) accessing data not intended for Client, (ii) logging into a server or account which the Client is not authorized to access, (iii) attempting to probe, scan or test the vulnerability of a system, (iv) breach of security or authentication measures, (v) attempting to interfere with service to any user, host or network, or (vi) taking any action in order to obtain services to which the Client is not entitled.

Illegal Use. The Trendics Application Services may only be used for lawful purposes. For example, Client may not use the Trendics Network to create, transmit, distribute, or store content that: (i) violates a trademark, service mark, copyright, trade secret or other intellectual property rights of others, (ii) violates export control laws or regulations, (iii) violates the privacy, publicity or other personal rights of others, (iv) impairs the privacy of communications, (v) contains obscene, offensive, unlawful, defamatory, harassing, abusive, fraudulent, or otherwise objectionable content as reasonably determined by RealMetrics, (vi) encourages conduct that would constitute a criminal offense or give rise to civil liability, (vii) constitutes deceptive on-line marketing, (viii) violates reasonable regulations of RealMetrics or other service providers, (ix) causes technical disturbances to the Trendics Network, its Partner networks or the network used by Client to access the Trendics Application Services, or violate the policies of such networks, including, but not limited to, intentional introduction of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data, or (x) assists, encourages or permits any persons in engaging in any of the activities described in this section. If Client becomes aware of any such activities, Client is obligated to immediately notify RealMetrics and take all other appropriate actions to cause such activities to cease.

Content. Client is responsible for all content that is transmitted, received and stored by RealMetrics through Client's use of the Trendics Application Services. RealMetrics takes no responsibility for content passing through or stored on the Trendics Network, including but not limited to, viruses, mail floods or other disabling features, or content provided on third party websites that are linked to by content passing through or stored on the Trendics Network. RealMetrics does not adopt, nor warrant the accuracy of, the content of any linked Web site and undertakes no responsibility to update the content. Use of any information obtained via the Trendics Network is at Client's own risk.

Consequences of Unacceptable Use. RealMetrics reserves the right to suspend or terminate Client's access to the Trendics Application Services immediately, and without notice, if RealMetrics determines the Client is in violation of this policy. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of Client, shall be considered violations of this policy by Client.