Acceptable Use Policy

Effective: July 31, 2019

 

Overview

 

This Acceptable Use Policy (the “Policy”) applies to all users of the services, software and systems provided by or on behalf of DealCloud, Inc. (“we” or “DealCloud”) (the services, software and systems are collectively referred to as the “DealCloud Platform”).  This Policy is incorporated into and forms part of the Master Subscription Agreement or other similar agreement between DealCloud and the entity signing such agreement (the “Agreement”) and all of its users (collectively, “you”). Capitalized terms used but not defined herein have the meaning ascribed to them in the Agreement.

 

This Policy prohibits uses and activities involving the DealCloud Platform that are illegal, infringe the rights of others, interfere with or diminish the use of the DealCloud Platform by others, or otherwise adversely affect the DealCloud Platform or Company.  If we believe, in our discretion, that you violate this Policy in any way, we may suspend or terminate your access to the DealCloud Platform and the Agreement. We may also suspend or terminate access or your Agreement where we see behavior, content, or other factors that pose a threat to our system or other users of the DealCloud Platform.

 

When you use the DealCloud Platform, you must not do any of the following:

 

1. Conduct and information restrictions

 

  • Undertake or accomplish any unlawful purpose, including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violates any applicable local, state, federal, or non-U.S. law, order, or regulation (collectively, “Laws”);
  • Obtain, export, transmit, move or copy any data, information or material you do not have the right to, or which was obtained using the DealCloud Platform for unlawful purpose;
  • Use the DealCloud Platform for benchmarking, timesharing or service bureau purposes or otherwise for the benefit of a third party;
  • Attempt, in any manner, to obtain the password, account, or other security information from any other user;
  • Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the DealCloud Platform or otherwise that is protected by copyright or other proprietary right, without being the owner of such material or otherwise obtaining any required permission of the owner;
  • Use any name, logo, tagline or other mark of DealCloud or its affiliates, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us in writing); or (b) to imply (i) support or endorsement by DealCloud and its affiliates of your activities or (ii) identification with DealCloud as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled;
  • Create any link to the DealCloud Platform or frame or mirror any content contained or accessible from the DealCloud Platform;
  • Distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”);
  • Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as scraping, spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar deceptive, misleading or fraudulent activity (for example, “phishing”);
  • If you use the DealCloud Platform to collect, store or use contact information, you acknowledge and agree that compliance with all applicable Laws may include the requirement to (i) have the express consent of an individual to (a) collect and store their contact information and (b) contact them by any means (including e-mail, telephone, fax, social network, etc.) and (ii) include a mechanism for the recipient to block any future contact from you (for example an “unsubscribe” or “opt-out” mechanism in an e-mail; or “do not call” list for telephone marketing); and
  • Use contact information or e-mail lists in a manner that is likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.

 

2. Technical restrictions

 

  • Use extreme bandwidth capacity in a way that threatens our infrastructure or the ability of another user to access and use the DealCloud Platform;
  • Upload viruses or malware or any other software, hardware device or code intended to harm or disrupt the DealCloud Platform;
  • Attempt to overload the system with email or traffic;
  • Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • Distribute programs that make unauthorized changes to software (cracks);
  • Alter, modify, or tamper with the DealCloud Platform or permit any other person to do the same who is not authorized by DealCloud; or
  • Attempt to probe, scan or test the vulnerability of the DealCloud Platform or to breach the security or authentication measures without proper authorization.

 

3. Network and usage restrictions

 

  • Restrict, inhibit, or otherwise interfere with the ability of any other entity or individual, to use the DealCloud Platform, including without limitation (i) sending information in a way that is likely to be marked as Spam or compromise the reputation of an IP address, and (ii) posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  • Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation to the DealCloud Platform or any DealCloud (or DealCloud affiliate or supplier) host, server, backbone network, node or service; or
  • Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

 

Changes to This Policy

 

We’re constantly trying to improve the DealCloud Platform, so we may need to change this Acceptable Use Policy from time to time as well.  If we modify this Policy, we will use commercially reasonable efforts to alert you to changes by placing a notice on the DealCloud website, the DealCloud Platform, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the DealCloud Platform, and you are still responsible for reading and understanding them.  If you use the DealCloud Platform after any changes to the Acceptable Use Policy have been posted, that means you agree to all of the changes.