The use of the licensed software and certain services provided by AppGuard, Inc. or its resellers, distributors, or sub-contractors (the “Services”) is condition upon the end customer’s (the “Customer”) compliance with the following Acceptable Use Policy (“AUP”). If Customer violates the AUP, the applicable provider of the licensed software and certain services, which may be AppGuard, Inc. or a company authorized to do so by AppGuard, Inc. (hereinafter the “Service Provider”) shall have the right to suspend or terminate the Service or terminate this Agreement, in addition to any other remedies it may have.
- The Services are provided only for the legal, internal business purposes of Customer. Customer may not use the Services for any unlawful, improper, or criminal purpose or activity
- Customer shall use the Services only for the number of hours provided on the Order Form, if a number of hours is applicable per the order terms (certain Services, such as licenses, have no hourly restrictions). The Service Provider shall have the right to charge Customer for any usage in excess of such hours;
- Customer shall be responsible for ensuring the proper use of the Services by its personnel, and for any consequences that may result from any misuse or unauthorized use of the Services, irrespective of whether same is by Customer’s personnel, through Customer’s systems, or through Customer’s user accounts;
- Customer shall not use the Services to obtain or attempt to obtain unauthorized access to any account or computer system. This includes, for example, accessing data or information not intended for Customer, or attempting to probe, scan, or test the vulnerability of the Services. Customer shall not disable or otherwise circumvent any security mechanisms or procedures Service Provider establishes for the Services. Customer shall be responsible for safeguarding and maintaining the confidentiality of any usernames, passwords, and other security mechanisms established or used in connection with the Services. Customer shall also be responsible for establishing, implementing, and maintaining appropriate security policies and procedures to meet its own security requirements with respect to use of the Services;
- Customer shall not use the Services to post, send, display, distribute, or execute any content, including, without limitation, text, graphics, images, music, recordings, computer programs, links, frames, and “meta tags,” that violates any copyright, right of publicity, patent, trademark, mask work, trade secret or other intellectual property rights of any other party;
- Customer shall keep current any information provided to the Service Provider in relation to the Services;
- Customer shall not use the Service to (i) interfere with or attempt to interfere with service to any other user, host, or network, whether by use of any program, script, command, or otherwise, including but not limited to any user, host, or network by means of overloading, “flooding,” “mail bombing,” or taking any action that has a similarly disruptive effect as any of the foregoing; or (ii) “spoof” or otherwise impersonate any individual or entity, or falsify or otherwise misrepresent an identity;
- Customer shall not knowingly transmit through the Service material that contains viruses, trojan horses, worms, time bombs, cancel bots or similar destructive computer programming code;
- Customer shall not commit a tortious or otherwise wrongful act, including without limitation, by posting, e-mailing or otherwise transmitting or using the Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, cruel, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind. Customer is solely responsible for complying with all applicable international, federal, state, and local laws and regulations, including but not limited export laws, that relate to this Agreement, the Services, Service Provider Equipment, or Service Provider Hardware; or engage in any activity that would subject Service Provider or its suppliers to civil or other liability;
- Customer shall not engage in any other activity using the Services that Service Provider, in its sole discretion, deems inappropriate or abusive;
- Customer shall not resell the Services, in whole or in part, to any entity or individual, without Service Provider’s prior written consent;
- Customer shall not assist or permit any persons to engage in any of the activities described above.