By accessing and using the Trakstar website at www.trakstar.com, or any of the Services including but not limited to perform.trakstar.com, learn.trakstar.com, or hire.trakstar.com, and outlined in a Trakstar Subscription Agreement (together with all Order Forms and Addenda attached hereto, the “Agreement”), of Applied Training Systems, Inc., doing business as Trakstar, and its affiliates (collectively “Trakstar”), You accept and agree to comply with this acceptable use policy (this “AUP”). Capitalized terms not defined in this AUP have the same meaning as in Trakstar’s Subscription Agreement located at https://www.trakstar.com/terms/.
Trakstar does not actively monitor Your use of the Services under normal circumstances, nor does Trakstar exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Site or Services (including, without limitation, any User Material). However, Trakstar may remove, block, filter or restrict by any means any Content (including User Material) that Trakstar believes, in Trakstar’s sole discretion, may be illegal, infringing, libelous, fraudulent, obscene, abusive or harassing, invasive of privacy, inaccurate, misleading, destructive or otherwise offensive or objectionable, may subject Trakstar to liability, or may violate the terms of this AUP and, in the event of such actions by Trakstar, You hereby agree and acknowledge that Trakstar shall have no liability to You or any other person or entity. To ensure that Trakstar provides a high quality experience for You and for other users of the Services, you agree that Trakstar may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. Trakstar reserves the right to suspend Service, and subsequently suspend any User Materials from the Services which violates this AUP, at any time and without notice.
You agree (a) to comply with all applicable local, state, federal, national, foreign and international laws, statutes, regulations, ordinances and rules (including, without limitation, (i) any intellectual property laws or laws pertaining to the proprietary rights of others, (ii) the U.S. Foreign Corrupt trade Practices Act, (iii) the U.S. Export Administration Act or any other applicable export control laws or laws relating to the export of data or software to or from the United States or any other jurisdiction, or (iii) the U.S. International Traffic in Arms Regulations or any other applicable laws, statutes or regulations relating to national security, national defense or traffic in arms), in each case during your use of the Site or Services, and (b) that you are solely responsible and, to the maximum extent permissible by applicable law, shall bear all risk and liability, for the accuracy, completeness, reliability and/or usefulness of (I) any User Material, and (II) all communications sent by You or any other person or entity using Your account.
Prohibited uses of the Services include, but are not limited to the following:
(A) violating or attempting to violate any security features of the Services, or using or attempting to use the Services or their application programming interfaces (APIs) to violate any security features or terms of service of a third- party site, including without limitation by;
(ii) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(iii) reverse looking-up, tracing or seeking to trace any information on any other user of or visitor to Trakstar’s properties or the Services, or any other customer of Trakstar, including any account not owned by You, to its source, or exploit www.trakstar.com or Services or information made available or offered by or through the www.trakstar.com site or Services, in any manner in which the purpose is to reveal or misuse any information, including but not limited to personal identification, other than your own information, as provided by the Service;
(iv) interfering or attempting to interfere with Service to any user, host, or network, including, without limitation, submitting to the Trakstar Site or Services a virus, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, overloading the www.trakstar.com Site or Services, or “flooding,” “spamming,” “mail bombing,” “crashing”, or attempting any form of denial of service attack against the www.trakstar.com site or Services;
(v) using the www.trakstar.com site or Services to send unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation, to post fraudulent job listings for purposes of collecting candidate information or to violate the terms of service for any job board with whom Trakstar offers an integration;
(vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services;
(vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Trakstar in providing the www.trakstar.com site or Services; provided that the foregoing shall not apply to the extent prohibited by applicable law.
(B) uploading, downloading, submitting, displaying, performing, transmitting, or otherwise distributing or making available any Content or User Materials that:
(ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(iii) degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
(iv) advertises or otherwise solicits funds or is a solicitation for goods or services;
(v) infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party or to which 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); or
(vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(C) harming, or attempting to harm, minors in any way;
(D) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity, or forging, making or otherwise using false or misrepresenting message headers, whether in whole or in part, to mask the originator of the message;
(E) using the www.trakstar.com site or Services to defraud, blackmail, stalk or otherwise harass another person or to access, use, collect or store, or attempt to access, use, collect or store, personal data about third parties without their knowledge or consent;
(F) reselling, leasing, time-sharing, or otherwise letting other persons access or use the Services or accessing the Services other than in connection with authorized third parties accessing User Materials or Content as training materials.
Any restriction or monitoring of a minor’s access to the Trakstar site or Services is your sole responsibility. Trakstar will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this AUP or of any applicable laws. Any violation of this AUP or of any applicable laws may subject You to civil and/or criminal liability. You hereby agree and acknowledge that the burden of proving that Your use of the Services, or use of any Content or User Materials uploaded, downloaded, displayed, performed, transmitted, or otherwise distributed by You does not violate this AUP, any applicable laws or any third party rights rests solely with You.