THIS ACCEPTABLE USE POLICY (“AUP”) is incorporated into the RivalGuardian Service Agreement (“SA”) and describes acceptable use of and access to the Services offered by RivalGuardian Corporation (“RivalGuardian”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AUP. If Customer (or “You”) violates this AUP or authorize or help others to do so, RivalGuardian may suspend or terminate your use of the Services in accordance with the terms of the SA. Unless otherwise defined herein, all capitalized terms used within this AUP have the same meaning as ascribed to such terms in the SA.
Customer may not use the Services in a manner that RivalGuardian believes:
- Uses an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content;
- Violates any local, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”) or those Laws concerning child pornography and illegal gambling;
- Violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- 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;
- Advocates or induces illegal activity;
- Stalks, harasses, or harms anyone, including minors;
- Impersonates any person or entity or otherwise misrepresents Customer’s affiliation with a person or entity;
- Except as allowed by local law, reverse engineers, disassembles, or decompiles the Services or software included in the Services;
- Accesses or uses the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
- Interferes with or disrupts the Services or servers or networks connected to the Services;
- Uses any high volume automated means including robots, spiders, scripts or similar data gathering or extraction methods to access the Services or any other accounts, computer systems, or networks connected to the RivalGuardian Website and/or the Services (each a “System”);
- Attempts to gain unauthorized access to any portion of the Services, web servers of users for a System or any System, whether through hacking, password mining, or any other means;
- 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 Services; or
- Hacking, destabilizing, or adapting the Services, or altering another website to falsely imply it is affiliated with the Services;
- 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 a System so that such 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 manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions;
- Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
- Alters or obscures mail headers or assume a sender’s identity without the sender’s explicit permission; or
- Alters or obscures the Services in any event.
RivalGuardian has the sole discretion to determine whether Customer’s use of the Services is prohibited. All Customer Content that is provided to RivalGuardian or actions that are performed via [RivalGuardian Site], whether provided or performed by Customer’s employees, Customer’s contractors, or Customer’s customers and end users are the sole responsibility of Customer.
MONITORING AND ENFORCEMENT.
While not obligated to perform investigations, in accordance with the terms and conditions of the SA, RivalGuardian may:
- Investigate violations of this AUP or misuse of the Services;
- Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
- Remove, disable access to, or modify any content or resource that RivalGuardian believes violates this AUP or any other agreement RivalGuardian has with Customer for use of the Services; or
- Suspend or terminate provision of the Services to customer for uses that violate this AUP or any other agreement RivalGuardian has with Customer for use of the Services.
RivalGuardian may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. RivalGuardian’s reporting may include disclosing appropriate Account Information. RivalGuardian 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.
Customer may be able to report to RivalGuardian any abuse and/or violation of this AUP to [abuse@RivalGuardian.com].
MODIFICATIONS TO THE AUP.
RivalGuardian may, at its sole and absolute discretion, modify this AUP from time to time. RivalGuardian will post notice of such changes on the RivalGuardian Website or any other location as provided in the MSA. If Customer objects to any such changes, Customer’s sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate Customer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
If Customer has any questions, comments or suggestions regarding this AUP, Customer may contact RivalGuardian at [contact@RivalGuardian.com].