This ACCEPTABLE USE POLICY ("AUP") describes acceptable use of and access to the Cloud Services offered by DailyBot, Inc. ("DAILYBOT") by any User (“you,” “your”) who uses the Cloud Services on Customer’s behalf or through Customer’s DailyBot account or passwords.
BY ACCESSING OR USING THE CLOUD SERVICES, YOU AGREE TO THE TERMS OF THIS AUP. If you violate this AUP or authorize or help others do so, DAILYBOT may suspend or terminate your use of the Cloud Services in accordance with this AUP. Unless otherwise defined herein, all capitalized terms used in this AUP shall have the same meaning as ascribed to such terms in the DailyBot Cloud Services Agreement or DailyBot Terms of Service.
PROHIBITED USE AND CONTENT. A User may not upload Customer’s Business Data or any other data, information, content or materials (collectively, “Content”) or use the Cloud Services in a manner that DAILYBOT believes:
1. Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"), including, but not limited to, the Digital Millennium Copyright Act, or those Laws concerning child pornography and illegal gambling.
2. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
3. Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another.
4. Advocates or induces illegal activity.
5. Stalks, harasses, or harms anyone, including minors, or involves any interaction with or targeting of anyone under the age of thirteen.
6. Impersonates any person or entity or otherwise misrepresents User’s or Customer's affiliation with a person or entity.
7. Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the Cloud Services (except to the extent software included in the Cloud Services is provided to Customer under a separate agreement or license that expressly permits the creation of derivative works).
8. Reverse engineers, disassembles, or decompiles the Cloud Services or software included in the Cloud Services.
9. Accesses or uses the Cloud Services in a way intended to avoid incurring fees or exceeding usage limits or quotas.
10. Interferes with or disrupts the Cloud Services or servers or networks connected to the Cloud Services.
11. Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Cloud Services or any other accounts, computer systems, or networks connected to the Services (each a "System").
12. Attempts to gain unauthorized access to any portion of the Services or any System, whether through hacking, password mining, or any other means.
13. Violates the security or integrity of a System, including, but not limited to:
- Accessing or using any System without permission, including attempts to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System;
- Monitoring data or traffic on a System without permission;
- Forging packet or email headers, or any part of a message describing its origin or route;
- Uploading Content that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the Cloud Services; or
- Hacking, destabilizing, or adapting the Cloud Services, or altering another website to falsely imply it is affiliated with the Cloud Services.
14. Connects to any users, hosts, or networks where Customer does not have permission to communicate with such users, hosts, or networks, including, but not limited to:
- Monitoring or crawling the System so that the System is impaired or disrupted;
- Conducting denial of service attacks;
- Intentionally interfering with the proper functioning of any System, including any deliberate attempt to overload a system by any means;
- Operating network services like open proxies, open mail relays, or open recursive domain name servers; or
- Using means (manual or electronic) to avoid any use limitations placed on the System, such as access and storage restrictions.
15. Distributes, publishes, sends, or facilitates unsolicited mass messages, e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
16. Alters or obscures message or mail headers or assume a sender's identity without the sender's explicit permission.
17. Accesses the Cloud Services in order to build a similar or competitive product or service or to copy any ideas, commands, functions, features, or user interface, graphics of DAILYBOT.
18. Sub-licenses, resells, time shares or similarly exploits the Cloud Services.
19. Collects replies to messages or emails if those messages or emails violate this AUP.
20. Uses contact or other user information obtained from the Cloud Services (including email addresses) to contact users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for use outside of the Cloud Services.
DAILYBOT has the sole discretion to determine whether Content or Customer's use of the Cloud Services is prohibited. All Content that is provided to or distributed through DAILYBOT or actions that are performed via Customer's account, whether provided or performed by Customer's employees, Customer's contractors or sub-contractors, or Customer's customers and other end users, are the sole responsibility of Customer, provided that nothing contained herein shall restrict DAILYBOT in taking action against any User in accordance with the AUP.
MONITORING AND ENFORCEMENT
While not obligated to perform investigations, in accordance with the terms of the DailyBot Cloud Services Agreement or the DailyBot Terms of Service, DAILYBOT may:
1. Investigate violations of this AUP or any other misuse of the Cloud Services;
2. Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
3. Remove, disable access to, or modify any Content or resource that DAILYBOT believes violates this AUP or any other agreement DAILYBOT has with Customer for use of the Cloud Services; or
4. Suspend or terminate provision of Cloud Services to Customer for uses that violate this AUP, the DailyBot Cloud Services Agreement, the DailyBot Terms of Service or any other agreement DAILYBOT has with Customer for use of the Cloud Services.
DAILYBOT may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. DAILYBOT's reporting may include disclosing appropriate Content. DAILYBOT also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
REPORT VIOLATIONS. Customer or Users can report abuse of this AUP to email@example.com.
MODIFICATIONS TO THE AUP. DAILYBOT may, in its sole and absolute discretion, modify this AUP from time to time. DAILYBOT will post notice of such changes on the Website or as provided in the Cloud Services Agreement or the Terms of Service. If a User objects to any such changes, User's sole recourse shall be to cease using the Cloud Services. Continued use of the Cloud Services following notice of any such changes shall indicate User's acknowledgement of such changes and agreement to be bound by such changes.