This Acceptable Use Policy (the “AUP”) describes prohibited uses of the application development platform and services offered by 8base, Inc. and its affiliates and the website located at http://www.8base.com (the “8base Site”). The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on the 8base Site. By using the 8base Environment or Services or accessing the8base Site, You agree to the latest version of this AUP. If You violate the AUP or authorize or help others to do so, we may suspend or terminate Your use of the 8base Environment or Services.
Any capitalized terms not expressly defined in this AUP shall have the same meaning afforded to them in the 8base Software as a ServiceAgreement, available at www.8base.com/user-agreement.
2. Examples of Prohibited Behaviors.
You may not use the 8base Environment or the Services to engage in or promote illegal, abusive, or irresponsible behavior, including, but not limited to:
a. Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
b. Use of an internet account or computer without the owner’s authorization;
c. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
d. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
e. Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;
f. Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
g. Use of any false, misleading, or deceptiveTCP-IP packet header information in an email or a newsgroup posting;
h. Distributing software that covertly gathers or transmits information about a user;
i. Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “add/remove”tool);
j. Any conduct that is likely to result in retaliation against the 8base Environment, Services, or website, or 8base’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
k. Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
l. Interference with service to any user of the8base Environment, website or other network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
m. Any action which directly or indirectly results in 8base or the 8base IP being listed on any abuse database (i.e. Spamhaus);
n. Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which Your site is hosted or accessed;
o. Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to 8base; or
p. Any action that is otherwise prohibited or solicits conduct that is prohibited under the rules of any other network You access or participate in using the 8base Environment or Services.
3. Examples of Prohibited Content.
You may not publish, transmit, or store on or via the 8base Environment or Services, any content or links to any content that 8base reasonably believes, without limitation:
a. Constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
b. Constitutes, depicts, fosters, promotes, or relates in any manner to excessive violence, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
c. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
d. Is defamatory or violates a person’s privacy; or
e. Is otherwise malicious, fraudulent, or morally repugnant.
4. Examples of Prohibited Uses.
You may not use the 8base Environment orServices:
a. In any situation where failure or fault of the8base Environment or Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, You may not use, or permit any other person to use, the 8base Environment or Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities;
b. In violation of export laws, controls, regulations or sanction policies of theUnited States or Your applicable jurisdiction;
c. In a manner that would afford, grant, or enable persons, organizations, companies, or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes;
d. In a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
i. You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless You have permission from the owner of the work to use or copy the work in that manner, or You are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
ii. You may not use the 8base Environment orServices to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality;
iii. You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
iv. You may not display another person’s trademark without permission.
5. Email and Communications Restrictions.
You must comply with the laws and regulations applicable to bulk or commercial email in Your jurisdiction. These policies apply to messages sent using the Services, the8base Environment, Your 8base Solution, or to messages sent from any network byYou or any person on Your behalf that directly or indirectly refer the recipient to a site hosted via the Services. You may not use a third-party e-mail service that does not practice similar procedures for all its customers.These requirements apply to distribution lists created by third parties to the same extent as if You created the list. In addition, Your bulk or commercial email must meet the following requirements:
b. You must have the means to track anonymous complaints;
c. You must not obscure the source of Your e-mail in any manner;
d. You must post an email address for complaints(such as email@example.com) in a conspicuous place on any website associated with the email, and You must promptly respond to messages sent to that address;
e. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and You can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or 8base;
f. You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
g. You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail; and
h. You must honor revocations of consent and notify recipients of the same.
6. Suspected Violations.
If 8base is legally required to permit any relevant authority to inspect Your content or traffic, You agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give You reasonable prior notice of such requirement. We may, without notice to You, report to the appropriate authorities any conduct by You that we believe violates applicable law, and provide any information we have about You, or Your users or Your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
7. Application to 8base Solutions.
You are responsible for violations of this AUP by anyone using Your 8base Solution or Developer IP withYour permission or on an unauthorized basis as a result of Your failure to use reasonable security precautions. Your use of the 8base Environment or Services to assist another person in an activity that would violate this AUP if performed by You is a violation of the AUP. You must use reasonable efforts to secure any device or network within Your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate Your Service applies even if a breach is committed unintentionally or without Your authorization, including through a Trojan horse or virus.
Effective: October 21, 2018