This Acceptable Use Policy (“Policy”) applies to the use of Appfire Technologies, LLC and any of its affiliates’ (“Appfire”) Cloud Services offerings and any other product or service from which this Policy is linked (the “Cloud Services”), and any Appfire websites and associated sites (the “Appfire Site(s)”).
This Policy is in addition to any other terms and conditions pursuant to which Appfire provides the Cloud Services to you. Capitalized terms not defined herein have the meaning stated in the applicable agreement between you and Appfire.
Appfire may modify this Policy from time to time by posting a new version on the Appfire Site. Unless otherwise specified, revisions are effective immediately upon posting. Accordingly, we recommend that you visit the Appfire Sites regularly to ensure that your activities conform to the most recent version of this Policy. Your continued access to, or use of, the Cloud Services on or after the effective date of any changes to this Policy constitutes your acceptance of any such updates. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Cloud Services.
You are solely responsible for any material that you or your end users maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Cloud Services. By using the Cloud Services, you represent that you own the content that you make available through Appfire’s Cloud Services and all proprietary or intellectual property rights therein, or have the express written authorization from the owner to copy, use and display such content.
You agree not to use, and not to encourage or permit any person to use, the Cloud Services in a manner prohibited by this Policy. The examples described in this Policy are not exhaustive. Prohibited uses and activities include, without limitation, any use of the Cloud Services in a manner that, in Appfire’s reasonable judgment, involves, facilitates, or attempts any of the following:
A. Conduct and Information restrictions
You may not use, encourage, promote, facilitate or instruct others to use the Cloud Services or Appfire Sites for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Prohibited activities or content include but are not limited to:
- Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, malware, Trojan horses, worms, time bombs, or cancelbots.
B. Security & Technical Restrictions
You may not use the Cloud Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include but are not limited to:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP/IP packet headers, email headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
C. Network and Usage Restrictions
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include but are not limited to:
- Restricting, inhibiting, or otherwise interfering with the ability of any other entity, to use or enjoy the Cloud Services, including 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;
- Restricting, inhibiting, interfering with, or otherwise disrupting or cause a performance degradation to the Cloud Services or any Appfire host, server, backbone network, node or service, or otherwise cause a performance degradation to any Appfire facilities used to deliver the Cloud Services;
- interfering 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;
- Using the Cloud Services, or any interfaces provided with the Cloud Services, to access any other Appfire product or service in a manner that violates the terms of service of such other Appfire product or service;
- Interfering with, or disrupting, Appfire’s network or the use and enjoyment of Cloud Services received by other Authorized Users, including behavior that may adversely affect access to, or performance of, the Cloud Services; or
- Using the Cloud Services in excess of any usage or technical limitations and/or specifications set out in the EULA, an Order, the Documentation, or otherwise communicated by Appfire.
D. No Spam
You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations, like “spam". You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another Internet service provider if those messages violate this Policy or the acceptable use policy of that provider. All recipients in an Appfire customer or user's contact list must have given provable consent, online or otherwise, to receive email communication and for the specific content being sent to them. You must abide by the following rules:
Prohibited activities or content include but are not limited to:
- Email lists that were obtained by any means without consent are not allowed
- All email and recipient lists must adhere to the CAN-SPAM laws, as well as to any local spam laws for your location or the location of your recipient lists
- Email must abide by the rules outlined in this Policy
- No 3rd party unsubscribe methods are allowed
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Cloud Services or Appfire Site. We may:
- investigate violations of this Policy or misuse of the Cloud Services or Appfire Site; or
- remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Cloud Services or the Appfire Site.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We 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 Policy.
Spam and Abuse Reporting
Appfire is able to monitor spam and abuse reports. SPAM reports notify Appfire when you or your user's contact marks a message as "spam". Notification of “spam” receptions can also be reported through abuse reports. You and your users are subject to warnings, suspension or termination if Appfire receives a report containing a high number of spam reported against your or your user's account.
An account's bounce rate may be monitored by Appfire. An account's bounce rate should consistently remain under 8% as many ISPs and email providers will begin blocking IPs for higher bounce rates. Accounts with high bounce rates are subject to warnings, suspension or termination. To avoid such consequences, ensure your list of contacts are reviewed and maintained regularly.
Plugins and Integrations
You and your users utilizing Appfire's available integrations and plugins must adhere to Appfire's policies, as well as those of the 3rd party system being integrated. If you are found to be violating Appfire's or an integrated 3rd party system's policy, your account will be subject to suspension or deletion.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use the following form: https://appfire.com/eula-contact/