Acceptable Use Policy – Legal Guidelines
This Acceptable Use Policy (“Policy“) is part of our Terms and Conditions (“Legal Terms“) and should therefore be read alongside our main Legal Terms: https://www.intelligentcustomerzone.com/legal-hub/terms-and-conditions/. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.
Please carefully review this Policy which applies to any and all:
(a) uses of our Services (as defined in “Legal Terms”)
(b) forms, materials, consent tools, comments, post, and all other content available on the Services (“Content“) and
(c) material which you contribute to the Services including any upload, post, review, disclosure, ratings, comments, chat etc. in any forum, chatrooms, reviews, and to any interactive services associated with it (“Contribution“).
Who We Are
We are Intelligent Customer Zone, LLC (“Company,” “we,” “us,” or “our”), a company registered in Wyoming, United States, at 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801. We operate the main website https://www.intelligentcustomerzone.com (the “Site”), the mobile application Intelligent App (the “App”), as well as any other related products and services that refer or link to this Policy (collectively, the “Services”).
Use of The Services
When you use the Services, you warrant that you will comply with this Policy and with all applicable laws.
You also acknowledge that you may not:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Sell or otherwise transfer your profile.
If you subscribe to our Services, you understand, acknowledge, and agree that you may not, except if expressly permitted:
- Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of Intelligent Customer Zone, LLC, which consent Intelligent Customer Zone, LLC may grant or refuse in its sole and absolute discretion.
- Reconstruct or attempt to discover any source code or algorithms of the Services, or any portion thereof, by any means whatsoever.
- Provide, or otherwise make available, the Services to any third party.
- Intercept any data not intended for you.
- Damage, reveal, or alter any user’s data, or any other hardware, software, or information relating to another person or entity.
In this Policy, the term “Contributions” means:
- any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or
- any other content, materials, or data you provide to Intelligent Customer Zone, LLC or use with the Services.
Some areas of the Services may allow users to upload, transmit, or post Contributions. We may but are under no obligation to review or moderate the Contributions made on the Services, and we expressly exclude our liability for any loss or damage resulting from any of our users’ breach of this Policy. Please report any Contribution that you believe breaches this Policy; however, we will determine, in our sole discretion, whether a Contribution is indeed in breach of this Policy.
You warrant that:
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;
- all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party; and
- you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.
You also agree that you will not post, transmit, or upload any (or any part of a) Contribution that:
- is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
- is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
- contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
- is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
- is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or insults any person;
- promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in infringing, a third party’s intellectual property rights or publicity or privacy rights;
- is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
- contains unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been “paid for,” whether with monetary compensation or in kind; or
- misrepresents your identity or who the Contribution is from.
Reviews and Ratings
When your Contribution is a review or rating, you also agree that:
- you have firsthand experience with the goods, services and software being reviewed;
- your Contribution is true to your experience;
- you are not affiliated with competitors if posting negative reviews (or linked in any way to, e.g., by being the owner or seller/manufacturer of, a product or service if posting positive reviews);
- you cannot make or offer any conclusions as to the legality of conduct;
- you cannot post any false or misleading statements; and
- you do not and will not organize a campaign encouraging others to post reviews, whether positive or negative.
Reporting a Breach of This Policy
We may but are under no obligation to review or moderate the Contributions made on the Services and we expressly exclude our liability for any loss or damage resulting from any of our users’ breach of this Policy.
If you consider that any Content or Contribution:
- breach this Policy, please visit https://www.intelligentcustomerzone.com/contact, or refer to the contact details at the bottom of this document to let us know which Content or Contribution is in breach of this Policy and why; or
- infringe any third-party intellectual property rights, please check out our Legal Terms for information about our copyright infringement reporting process here: https://www.intelligentcustomerzone.com/legal-hub/terms-and-conditions/.
We will reasonably determine whether a Content or Contribution breaches this Policy.
Consequences of Breaching This Policy
The consequences for violating our Policy will vary depending on the severity of the breach and the user’s history on the Services, by way of example:
We may, in some cases, give you a warning and/or remove the infringing Contribution. However, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.
We exclude our liability for all action we may take in response to any of your breaches of this Policy.
Complaints and Removal of Legitimate Content
If you consider that some Content or Contribution have been mistakenly removed or blocked from the Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content or Contribution. The Content or Contribution may stay “down” whilst we conduct the review process.
Intelligent Customer Zone, LLC is under no obligation to monitor users’ activities, and we disclaim any responsibility for any user’s misuse of the Services. Intelligent Customer Zone, LLC has no responsibility for any user or other Content or Contribution created, maintained, stored, transmitted, or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. If Intelligent Customer Zone, LLC becomes aware that any such Content or Contribution violates this Policy, Intelligent Customer Zone, LLC may, in addition to removing such Content or Contribution and blocking your account, report such breach to the police or appropriate regulatory authority. Unless otherwise stated in this Policy, Intelligent Customer Zone, LLC disclaims any obligation to any person who has not entered into an agreement with Intelligent Customer Zone, LLC for the use of the Services.
Complete set of disclaimers, read https://www.intelligentcustomerzone.com/disclaimers/
How Can You Contact Us About This Policy?
If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:
Online contact form: https://www.intelligentcustomerzone.com/contact
Requesting Private Information of Intelligent Customer Zone Users
Our users place their trust in us to keep them safe and, in some cases, anonymous. We view safeguarding that trust and protecting our users’ private information as vital to what we do. Intelligent Customer Zone receives requests for information about our websites’ users, sites, and accounts from government agencies, law enforcement, private parties, and individuals or corporations involved in civil lawsuits. Before revealing any non-public information about a site, an account, or a user, we require a valid subpoena, search warrant, or court order. The only exception is when we have a good faith belief that there is an emergency involving imminent danger of death or serious physical injury.
If your inquiry or request brings to our attention a violation of our policies or Terms of Service, we will address it per our usual procedure. This may or may not include contacting the user, removing content, or suspending the site entirely.
More information about our procedures is below.
United States Legal Process
We require any subpoena, search warrant, court order, or judgment to be issued by a US authority in compliance with the United States Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or California state law. We respond to court judgments from the United States only, or foreign judgments specifically adopted by the United States or California court. Throughout these Legal Guidelines, wherever we talk about a subpoena, search warrant, court order, or judgment, this is what we are referring to. Law enforcement agencies from outside the US may obtain these types of orders through the Mutual Legal Assistance Treaty (MLAT) process outlined in 28 U.S.C. § 1782 and 18 U.S.C. § 3512. See more about our process for non-US law enforcement requests below.
What Information Do We Have?
Intelligent Customer Zone has certain information relating to users, sites, and commenters. Accounts created on our websites contain various information that is provided at a user’s discretion and is unverified. The following is a summary of the information that we may collect and store.
- Basic account information, such as:
- Email address
- Phone number
- Transaction and/or billing information.
We will generally retain transaction and/or billing information until changed or removed by the user (if it’s possible to do so). We also collect log data, which may include a user’s IP address, browser type, and operating system. We keep this information for up to 30 days, as a matter of course, absent a valid preservation request.
- Site creation, posting, and revision of history information, such as:
- The date and time (UTC) at which a site was created
- The IP address from which a site was created
- IP address and user agent for a post or revision
We may retain the above information even if a site or post is deleted. Deleted posts remain in a user’s trash folder for 30 days, after which point our servers may retain a backup for an additional 90 days.
- Information on commenters on our websites.
We retain commenter information unless the owner of the site on which the comment appears deletes the comment.
- Contact information associated with domain registration (if a user has registered a custom domain).
If a user has registered a custom domain on our websites (e.g., yourgroovydomain.com rather than yourgroovysite.intelligentcustomerzone.com), we may have the contact information the user provided for the domain registration.
Requests from Government Agencies/Law Enforcement
We do not voluntarily provide governments with access to data about users for any reason, including for the purposes of law enforcement, intelligence gathering, or other surveillance. As noted above, we only provide information to third parties after receiving a valid subpoena, search warrant, or court order, in each case issued by a US authority in compliance with the United States Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or California state law. The only exception is for emergency requests by law enforcement, where we have a good faith belief that the information is necessary to prevent imminent danger of death or serious physical injury. In response to a valid subpoena issued by a US authority, we can provide the following information when it is available:
- First and last names
- Phone number
- Email address currently assigned to a site owner
- Date/time stamped IP address from which a site was created
- Physical address provided by the user
- Transaction information
We require a specific court order or search warrant before providing additional IP address data or information relating to a specific post or a specific comment.
Emergency Requests from Government Agencies/Law Enforcement
As permitted by US law, we may disclose user information to the government or law enforcement agencies – without a subpoena, search warrant, or court order – if we have a good faith belief that an emergency involving imminent danger of death or serious physical injury requires disclosure of information related to the emergency without delay. If you are an officer of a government or law enforcement agency and have an emergency request, please submit your request by following these steps.
Requests in Civil Cases
In a civil matter, it is our policy to turn over private user information only upon receipt of either (1) a valid order from a court in the US; or (2) a subpoena served from a court in the US as part of an existing lawsuit, which complies with Rule 45 of the Federal Rules of Civil Procedure and/or the California Discovery Act. Litigants should ensure that any such requests comply with the US SPEECH Act, 28 U.S.C. 4101 et seq. We will not provide any user content information in response to civil orders or subpoenas under the Electronic Communications Privacy Act (18 U.S.C.§ 2510_et seq._ and § 2701 et seq.). Requests must identify the specific information sought. Any request for specific post or comment information must include the specific URL of each post or comment. Please note that we charge an administrative fee of USD $125/hour for compliance with validly issued and served civil subpoenas and court orders. We will bill for and collect this fee prior to furnishing information in response.
Notification to Intelligent Customer Zone Users and Transparency
We aim for total transparency with our users when legal requests for information or complaints affect their sites, accounts, or information. It is our policy to notify users and provide them with a copy of any legal requests regarding their account or site, unless we are prohibited from doing so by a court order issued in the US. When the prohibition from notifying users expires, we will notify users and provide them with a copy of the legal process at that time. If a request for information is validly issued, as described above in these Legal Guidelines, we will preserve the necessary information before informing the user of the request. In most cases, upon notification to the user of the request for information, that user will be provided with either 7 days or the amount of time before the information is due, whichever is later, during which time the user may attempt to quash or legally challenge the request. If, prior to the deadline, we receive notice from the user that he or she intends to challenge a request for information, we will not deliver any information until that process concludes. We also review the information requests received and may lodge our own challenge to the scope or validity of the legal process received on behalf of a user, whether or not the user pursues his/her own legal challenge.
Preservation Requests for Intelligent Customer Zone Sites by Government and Law Enforcement Agencies
It is our policy to notify users and provide them with a copy of any legal requests regarding their account or site, unless we are prohibited from doing so by a valid court order issued in the US, as described in the sections below. Our policy of notifying users about requests to preserve their information is meant to protect user privacy and promote transparency while also avoiding interference with legitimate investigations of criminal activity. Preservation requests may only be submitted by the government and law enforcement agencies conducting a criminal investigation in which the information sought is relevant. We will preserve records for 90 days in response to a valid request, which the government or law enforcement agency can extend upon request. Preservation Requests from US Governmental and Law Enforcement Agencies When a government or law enforcement agency from within the US asks that a request to preserve data remain confidential from the affected user, we keep it confidential for 45 days, with the expectation that the agency will be serving a valid US subpoena or search warrant that includes the required certification (18 U.S.C. § 2705(b)) or court-issued nondisclosure order. If a nondisclosure order is provided along with a subpoena or search warrant, we will continue to keep the preservation request(s) confidential under the same conditions as the nondisclosure order for the subsequent subpoena/search warrant. If, after 45 days, law enforcement has not served a subpoena or search warrant with the required 18 U.S.C. § 2705(b)) court-issued nondisclosure order, and has not withdrawn the request for continued preservation, we will then inform the user of the preservation request. In light of the October 19, 2017, Department of Justice guidance on nondisclosure orders, we ask that the agency include a specific end date for the nondisclosure period in any proposed order to the court, and that any period or extensions of time last no longer than a combined total of one year.
Preservation Requests from Non-US Law Enforcement Agencies
Law enforcement agencies from outside the US may request that we preserve information while the agency obtains a valid subpoena, search warrant, or court order from a court in the US, through the Mutual Legal Assistance Treaty (MLAT) process. The MLAT is a mechanism by which a foreign law enforcement agency can obtain a US court order for information pursuant to a criminal investigation, as outlined in 28 U.S.C. § 1782 and 18 U.S.C. § 3512. While we may preserve information in response to requests from non-US law enforcement agencies pending the MLAT process, we will not turn over any actual user or account information until we receive a United States subpoena, search warrant, or court order. If, after 90 days from the date of requesting preservation, the non-US law enforcement agency has not provided documentation to us confirming that it has initiated the MLAT process, we will stop preserving the data. If the non-US law enforcement agency requests that we keep the preservation request confidential from the affected user, we may do so at our discretion. We will only consider such requests if the agency’s request meets our criteria for authenticity, necessity, and timeliness and only for the period of time necessary for the agency to obtain a court-issued nondisclosure order through the MLAT process described above.
If a legal request is formally withdrawn before we provide user information in response to a valid subpoena, search warrant, or court order, we will not notify the user if requested to keep the withdrawn legal process confidential.
Wrongdoing Against Intelligent Customer Zone
If we receive information indicating that someone is using Intelligent Customer Zone websites or any of our services to engage in crime against Intelligent Customer Zone or its subsidiaries, where we are the victim, we will not inspect a user’s non-public content ourselves. Instead, we may report the matter to the appropriate authorities.
Serving Process on Intelligent Customer Zone and Making Inquiries
Any request for user information must include a valid email address for us to return the information or contact with questions. We are unable to process overly broad or vague requests for information. To request information for a site hosted on Intelligent Customer Zone servers, the request must specifically include identifying information such as the relevant URL, IP address, email address, or username at issue. To obtain information for a specific post or comment, the URL of that post or comment must be included in the request. Intelligent Customer Zone communicates only via email. Where permitted, we accept service via email to [email protected]. The legal process can also be served by mail to: 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801. General inquiries regarding our policies can be sent via email to [email protected].
Requests for Takedown of Content
Intelligent Customer Zone strongly believes in freedom of speech. We have a vast audience spread across many cultures, countries, and backgrounds with varying values, and our service is designed to let users freely express themselves. When we receive a request to takedown content, we review those complaints very carefully.
Reporting Terms of Service Violations
If you believe that a site is violating our Terms of Service, please submit a report, and we will take action as appropriate. Regardless of whether or not we take action, we may forward a copy of the complaint to the site owner. We do not remove content based on disputes over the content on a site or in a comment, unless the information sought to be removed is subject to an order issued by a court in the United States. We are not in a position to determine if something posted on our sites is defamatory or not. If we receive such a complaint, we defer to the judgment of a court in the United States.
Requests for Takedown of Copyrighted Content
Intelligent Customer Zone complies with properly formatted notices sent in accordance with the Digital Millennium Copyright Act. More information about our process and a DMCA takedown notice submission form can be found here.
Enforcing Protection Orders Against Intelligent Customer Zone Users
Intelligent Customer Zone is not responsible for enforcing protection orders that apply to users on our service. If you have an active protection order that may apply to an Intelligent Customer Zone user, or if you represent a client who does, please contact the appropriate court or law enforcement agency for assistance.
User Information Management
Users who wish to stop using our websites can empty their sites by contacting us. Users can remove the profile information they provided by visiting their account URLs on proper website. Users who are concerned about maintaining their anonymity when using our services may want to consider logging in and interacting with Intelligent Customer Zone through a VPN. More information is available under links:
A Note on Back Doors and Encryption
We furnish user information to third parties via the processes described in these Legal Guidelines. We do not provide access to user data through “back doors” in our systems. Similarly, we support and promote the encryption of user data. We encrypt all traffic (serve over SSL) for all our sites by default. Some governments have recently sought to weaken encryption in the name of law enforcement. We disagree with these suggestions and do not believe that it is feasible to include any deliberate security weaknesses or other back doors in encryption technologies, even if “only” for the benefit of law enforcement. As a wise man said, “there is no such thing as a vulnerability in technology that can only be used by nice people doing the right thing in accord with the rule of law.” We agree wholeheartedly.
Last updated April 16, 2023