Introduction
This Network Governance and Acceptable Use Policy (“Policy”) governs Your use of the Products, the App, the APIs, and the Site (as those terms are defined in the Terms and Conditions) (collectively, the “Platform”) offered by DAT Solutions, LLC and its affiliates (also referred to as “DAT,” “We,” “Us,” or “Our”). We may modify this Policy by posting a revised version on the Site. By using the Platform, You agree to the latest version of this Policy. If You do not agree to this Policy, You must not access or use the Platform.
Prohibited Activities
You may not use, or facilitate or allow others to use, the Platform:
- Violating the law and export controls. To violate any applicable federal, state, or local law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws regarding the sale or transportation of illegal substances.
- Harming minors. To exploit, harm, or attempt to exploit or harm, minors in any way including without limitation exposing them to inappropriate content or asking for personally identifiable information.
- Spamming. To transmit (i) advertising promotional material, including any “junk post,” “junk mail,” “chain letter,” “spam,” or any other similar solicitation (other than bona fide load posts or truck availability posts); or (ii) load posts or truck availability posts made in bad faith.
- Posting Repeatedly. To transmit bona fide posts or truck availability posts made repeatedly in such a way as to game the Platform.
- Impersonating Others. To impersonate or attempt to impersonate Us, Our employees, another DAT user, any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or Your role in any transaction.
- Providing Incomplete Information. To provide false or incomplete information about Your company or Your Authorized Users.
- Double Brokering. To double-broker freight, by which We mean inserting a second intermediary to a freight transaction between the shipper and physical asset carrier without written permission from the shipper or the first intermediary, also known as the Broker (as defined by 49 CFR 371.2).
- Failing to Pay. To arrange for the transportation of freight only to wrongfully withhold payment from the physical asset carrier without valid justification.
- Maintaining No U.S. Presence. Unless Your company maintains a physical presence and a valid address somewhere in the United States (specifically excluding PO Boxes and virtual offices).
- Sharing. Through shared logins; logins are issued on a per-Authorized User basis and Authorized Users may not give a login to any other person.
Content Standards
You agree not to use the Platform to send, upload, or knowingly receive, download, use, or re-use any material which:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or inflammatory.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Is likely to deceive any person.
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
- Impersonates any person or misrepresents Your identity or affiliation with any person or organization.
Monitoring and Enforcement
We reserve the right to monitor your use of the Platform for compliance as we see fit. We may take any action we deem necessary or appropriate in our sole discretion if we believe your conduct violates this Policy, threatens the personal safety of users of the Platform or the public, or could create liability for us. This may include taking legal action or referring violations to law enforcement. We may also withhold investigation details and methods. We reserve the right to terminate or suspend your access to all or part of the Platform for any violation of this Policy.
Your use of alternative corporate entities to evade compliance with this Policy is a violation of this Policy. We reserve the right to remove affiliated parties for non-compliance as determined by Us in sole discretion.
Notwithstanding any confidentiality obligations between You and Us and without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities requesting or directing Us to disclose the identity or other information of anyone who accesses or uses the Network.
Notwithstanding any other section of this Policy, We comply with court orders and administrative stays pursuant to valid bankruptcy proceedings.
Reporting of Violations
To report any violation of this Policy, please email compliance@dat.com. We investigate 100% of the reports received.