Acceptable Use Policy (AUP)
Last updated: Nov 14, 2022
This Acceptable Use Policy (this “AUP”) describes uses of the hosted application, infrastructure monitoring service, and other services (the “Service”) offered by CloudSaver, Inc. (“CloudSaver”). and the related website located at app.cloudsaver.com (the “Platform”).This AUP supplements, and is incorporated into, CloudSaver’s Master Subscription Agreement (cloudsaver.com/legal/master-subscription-agreement) (the “MSA”), Free-Trial Subscription Agreement (cloudsaver.com/legal/free-trial-agreement) (the “Free-Trial Agreement”), and the Pass Through Agreement (cloudsaver.com/legal/pass-through) (the “Pass Through Agreement”). If any provision in this AUP conflicts with a term in the MSA, the Free-Trial Agreement or the Pass-Through Agreement, then the applicable provisions of MSA, the Free-Trial Agreement and the Pass-Through Agreement will prevail unless the term in this AUP specifically states that it will prevail.
If you violate this AUP, CloudSaver may suspend or terminate your use of the Service or access to the Platform. CloudSaver’s right to suspend or terminate your use of the Service or Platform applies even if a breach is committed unintentionally or without your authorization if CloudSaver believes that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security, or property of CloudSaver, its customers or third parties.
CloudSaver may modify this AUP at any time by posting a revised version on the Platform. By using the Service or accessing the Platform, you agree to the latest version of this AUP.
- Intellectual Property
You may not use the Service or Platform in any manner that would result in an infringement, dilution, misappropriation or other violation of any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks, and trade secrets.
- Harmful Content
You may not use the Service or Platform to transmit, store, display, distribute or otherwise make available content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including without limitation viruses, Trojan horses, bots, worms, scripting exploits, time bombs or other malicious code. You may not use the Service or Platform to publish or promote any content that is in CloudSaver’s sole opinion explicit, degrading, or that in any way encourages or promotes any illegal or immoral conduct.
- No Framing or Scraping
You may not frame or mirror the Platform without CloudSaver’s express prior written consent. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other content from the Service or Platform or reproduce or circumvent the navigational structure or presentation of the Service or Platform without CloudSaver’s express prior written consent. Notwithstanding the foregoing, CloudSaver grants to the operators of public search engines the permission to use spiders to copy material from the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such material, but not caches or archives of such material. CloudSaver reserves the right to revoke these exceptions either generally or in specific cases.
- System Security
You may not use the Service or Platform to violate the security or integrity of any network, computer or communications system, software application or computing device (each, a “System”), including without limitation by attempting to: (a) probe, scan or test the vulnerability of a System or breach or circumvent security or authentication measures without authorization; (b) make network connections to, or otherwise access, a System without authorization; (c) monitor data or traffic on a System without authorization; (d) tamper, reverse-engineer, hack, interfere with, disrupt or disable a System, including without limitation by means of overloading, “flooding,” “mailbombing,” “crashing,” or denial of service attacks; (e) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) use another party’s account name or persona without authorization; or (g) take any action in order to obtain a Service to which you are not entitled.
You may not use the Service or Platform to violate the privacy or confidentiality of others, including by transmitting, storing, displaying, distributing, or otherwise making available others’ private or confidential information (including without limitation their account names or personal data associated with their Service or Platform account) without authorization.
- Compliance with Laws
Without limiting the foregoing prohibitions, you may not use the Service or Platform for any illegal purpose or in violation of any laws (including without limitation data, privacy, consumer protection, and export control laws).
- Responsibility for End Users
You are responsible for violations of this AUP by anyone using the Service or Platform with your permission or using your account on an unauthorized basis. Your use of the Service or Platform to assist another person in an activity that would violate this AUP if performed by you is a violation of this AUP. This AUP applies to anyone accessing or using the Service or the Platform; however, each prohibition included in this AUP shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged, or permitted by a user of the Service or Platform, even if such person did not themselves violate the prohibition.
- Monitoring and Enforcement
CloudSaver reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of the Service or Platform. CloudSaver has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service or the Platform that CloudSaver finds to be in violation of this AUP. CloudSaver may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. CloudSaver 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.
- Reporting Violations
If you become aware of any violation of this AUP, you must immediately notify CloudSaver by email at firstname.lastname@example.org and provide CloudSaver with assistance, as requested, to stop or remedy the violation.