This Acceptable Use Policy ("AUP") sets forth the terms for acceptable use of Scaleflex's services, software, products, and associated data (the “Services") by Customer and other users of the Scaleflex Services. The types of activities described in this AUP are not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Scaleflex to be inappropriate, improper, illegal, or otherwise harmful to Scaleflex's reputation or Services and therefore prohibited when using the Scaleflex Services. The terms and restrictions in this AUP on use of the Scaleflex Services by Customer shall apply equally to Customer, Customer’s employees and any other person or entity that is provided access to the Scaleflex Services directly or indirectly by Customer ("Customer Users"). By using the Scaleflex Services, Customer acknowledges that it has read, understood and agrees to comply with the terms of this AUP. Customer shall (i) ensure that Customer Users comply with this AUP and (ii) be responsible for violations of this AUP by Customer or the Customer Users.
Customer must use the Scaleflex Services in a manner consistent with the permitted use of such Services. Unless otherwise expressly permitted in writing by Scaleflex, Customer may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Scaleflex Services, or use the Scaleflex Services with or for the benefit of any third party (other than Internet end users) or to develop or inform a competitive product or service. Customer may only use the Scaleflex Services for lawful purposes and in accordance with this AUP.
Responsibility for Content
Scaleflex takes no responsibility for any Customer or Customer User content created, accessible or delivered on or through the Services. Customer acknowledges that Scaleflex does not monitor or exercise any editorial control over such content and, absent notification explicitly alerting Scaleflex to the details of particular content, Scaleflex does not know the substance of any content that Customer places on the Scaleflex Services. Customer is solely responsible for (i) any content published or made available through the Scaleflex Services by Customer and the Customer Users and (ii) compliance with all laws applicable to the publication, distribution, or export of such content, including applicable laws and regulations concerning export controls or economic sanctions (collectively, the “Export Control Laws”). Customer acknowledges that it is solely responsible for determining whether and to what extent the Export Control Laws apply to its content and for obtaining all authorizations that may be required for the export or reexport of such content to any destination or end user. Customer shall not, nor shall it cause Scaleflex to, export, facilitate the export, or permit any third party to export, directly or indirectly, any item without appropriate licenses or other required authorizations. Customer shall be solely responsible for maintaining a copy of its content.
Inappropriate and Illegal Content
Customer shall not use the Scaleflex Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Scaleflex, or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, inconsistent with the generally accepted practices of the Internet community, or enables illegal online gambling. Customer shall ensure that its and its Users' use of the Scaleflex Services and all content transmitted, distributed or stored on the Scaleflex do not violate any applicable domestic or foreign laws or regulations including but not limited to the Export Control Laws, or any laws relating to content distribution, encryption or any rights of any third party. Customer shall not use the Scaleflex Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Scaleflex Services, any other network or equipment, or to the Customer Users.
Customer shall not use the Scaleflex Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. If Customer uses a domain name in connection with its use of the Scaleflex Services, such domain name must not violate any trademark, service mark, or other rights of any third party.
Customer shall not use the Scaleflex Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
Email and Spam
Customer shall not use the Scaleflex Services to send unsolicited e-mail messages or USENET postings, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, Customer is prohibited from using the service of another provider to send spam or to otherwise promote a site connected to the Scaleflex Services.
Customer is prohibited from violating or attempting to violate the security of the Scaleflex Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such Customer is not authorized to access, (b) impersonating Scaleflex personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) taking any action in order to obtain services to which such Customer is not entitled, or (e) attempting to utilize another party's account name or persona without authorization from that party. Customer is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Scaleflex Services. Violations of system security may result in civil or criminal liability.
Scaleflex Rights and Remedies
If Customer becomes aware of any content or activity that violates this AUP, Customer shall take all necessary action to prevent such content from being passed through, or stored on the Scaleflex Services. To the extent Scaleflex becomes aware of any content or activities that Scaleflex deems, in its sole discretion, to be in violation of this AUP, Scaleflex may immediately block access to such content, suspend or terminate any affected Scaleflex Services, or take any other actions Scaleflex deems appropriate. Scaleflex shall be solely responsible for determining if any content or action violates this AUP. Scaleflex reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm Scaleflex Services, reputation or customers. Scaleflex also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including notifying such legal authorities or third parties of such alleged wrongdoing and disclosing the identity of the party that Scaleflex deems responsible for the wrongdoing. Scaleflex will endeavor to provide notice to Customer prior to suspension or termination of Scaleflex Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Scaleflex. Scaleflex shall not be liable for any damages of any nature suffered by Customer, any Customer User, or any third party resulting in whole or in part from Scaleflex's exercise of its rights under this AUP. Scaleflex reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the AUP on its homepage, available at https://legal.scaleflex.com/general/acceptable-use-policy . Any use of the Scaleflex Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to [email protected].