You are solely responsible for all Content (as defined below). Yesware is not responsible for any Content, nor do we monitor Content. This Acceptable Use Policy (“AUP”) is part of your service agreement with Yesware. Your continued Use of Services (as defined below) is contingent on complying fully with this AUP. In addition, if you have accessed the Services through a third party, this AUP governs your use of the Services, even if it is not provided by Yesware directly.
“Content” means anything made available by you or your End Users using the Services. This includes, but is not limited to, text, images, documents, files, programming code or other electronic materials that are stored, delivered, or otherwise made available using the Services.
“End Users” means individuals or third party entities that use or access the Services through you.
“Intellectual Property” means trademark, copyright, patent, or any other intellectual property right.
“Services” means the Yesware products and services referenced in your agreement with Yesware.
“Spam” means bulk email that burdens the Services, impacts Yesware’s ability to provide the Services to others, or causes a third party to refuse to provide services to Yesware.
“Use” means the storage, delivery, transmission, or other distribution of content or programming code.
Legal Use Only
You will only use the Services for legal purposes and activities only, and your Use of Content must be in compliance with any applicable law. Your Content or Use thereof will not infringe the Intellectual Property of any third party. You will not use the Services to link to or allow access to third party Intellectual Property without proper authorization.
You will ensure Your Content and use of the Services does not:
1. Contain, promote, or sell pornography or pornographic sexual products, content or services;
2. Transmit or facilitate the transmission of child pornography, child erotica or bestiality;
3. Transmit or contain any private or personally identifying information about children without their consent (or their parents’ consent in the case of a minor);
4. Promote or sell illegal goods, illegal drugs, or contraband;
5. Facilitate gambling, regardless of whether it is legal in your jurisdiction;
6. Contain instructions on how to assemble or otherwise make bombs, grenades or other weapons;
7. Advocate, promote or otherwise encourage violence against any governments, organizations, groups or individuals;
8. Engage in any libelous, defamatory, threatening, or harassing activity;
9. Include grossly offensive materials, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;
10. Promote, solicit or participate in deceptive advertising, products or services, including but not limited to pyramid schemes or multi-level channel and/or network marketing (MLM) businesses; Misrepresent your identity, mislead, or contain fraudulent information;
11. Contain any virus, Trojan horse, worm, or anything else that may be harmful to the Service or Yesware’s networks, systems, or other customers or users.
Email, Spam And Usenet
You will not use nor permit any affiliated third parties to use on your behalf: (1) the Services for Spam or to make multiple newsgroup postings nor will you allow others, including without limit, affiliates or partners to do so on your behalf; (2) a third-party network for the purposes of sending Spam or multiple newsgroup postings that advertise or refer to your Content; (3) emails or newsgroup postings with forged header information or that attribute their transmission to Yesware; or (4) the Service without first obtaining any necessary consents required by law in the country of residence of the email recipient. You acknowledge that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) and the “data controller” (as such term is defined by the European Union’s General Data Protection Regulation) of any email message sent by you using Services.
You will not Use or permit End Users to Use the Services for any of the following activities (“Prohibited Uses”):
1. Any activity or abuse of the Services, which may, in Yesware’s sole discretion, result in harm to systems or networks, or which may result in harm to any third-party services, systems, or networks;
2. Any attempt to breach security or authentication measures of networks, data, servers, databases, or the like, without the expressed authorization of their owner;
3. Any attempt to test, probe, or scan the vulnerability of any system or network without the expressed authorization of the owner of such network or system;
4. Any monitoring of traffic or data on any network or system without authorization from the owner of such network or system;
5. Any attempt to interfere or disrupt any service or network, including without limit denial of service attacks or any deliberate attempt to overload a system;
6. Any forging of TCP-IP packet headers or any part of the header information in newsgroup posting or emails;
7. Any usage or attempted usage of services for which you are not authorized to use.
AUP Violation Remedies
You are responsible for immediately taking action to prevent or correct any known or suspected AUP violation. If Yesware believes in its sole discretion that you, or an End User, have violated the AUP, then Yesware will attempt to notify you of such violation and Yesware at its own discretion may immediately (1) remove all or a portion of your Content, (2) disable your use of the Services by rerouting traffic to your origin server, or (3) terminate the Services. Yesware’s failure to notify you will not limit its remedies or create any liability to accrue to Yesware. Should Yesware take action based on this AUP, you will not be entitled to any refund or abatement of fees. Yesware may work with legal authorities as well as pursue criminal and/or civil charges relating to any violation of this AUP.
If you become aware of any actual or potential Prohibited Uses or security vulnerabilities related to the Services or Yesware’s networks or systems, you agree to promptly notify Yesware. Reports of such Prohibited Uses or a violation of this AUP must be sent to email@example.com.