July 01, 2020
This Acceptable Use Policy (“AUP”) sets forth certain restrictions relating to the access to, and use of, the Overfetch Platform Services by you or someone on your behalf under your agreement with Overfetch. The restrictions set forth in this AUP are not exhaustive. Overfetch may update this AUP at any time by posting an updated version. Updates of the AUP become binding, including on existing users, on the later of the date specified in the updated AUP or thirty (30) days after posting. Any modification to the AUP within an update will relate exclusively to restrictions on use of, and access to, the Platform Services. Any violation of this AUP may result in the suspension or termination of your access to and use of the Overfetch Platform Services.
You shall not (and shall not permit your Authorized Users to):
(a) attempt to access, search, or create accounts for any of our services by any means other than our publicly supported interfaces or as otherwise authorized by us;
(b) interfere with or disrupt (or attempt to interfere with or disrupt) the Platform Services, or gain (or attempt to gain) access to any Systems that connect thereto (except as required to appropriately access and use the Platform Services);
(c) use the Platform Services to violate the security or integrity of, or otherwise abuse, any System of any party, including but not limited to gaining unauthorized access to any System (including attempting to probe, scan, monitor, or test the vulnerability of a System), forging any headers or other parts of any message describing its origin or routing, interfering with the proper functioning of any System, implementing denial-of-service attacks, operating non-permissioned network services, using any means to bypass System usage limitations, or storing, transmitting or installing malicious code;
(d) use the Platform Services to distribute or facilitate the sending of unsolicited or unlawful email or other messages;
(e) use the Platform Services to engage in or promote any other fraudulent, deceptive, or illegal activities;
(f) use the Platform Services to process, store or transmit material, including any Customer Data, in violation of any Law or any third party rights, including without limitation privacy rights;
(g) provide a custom deployment name for your Space that might reasonably be considered inappropriate or that includes the trade name of any third party unless such party has provided you with express writing permission;
(h) use the Platform Services in any circumstances where failure could lead to death, personal injury, or environmental damage, and you further acknowledge that the Platform Services are not designed or intended for such use.
Overfetch may modify custom deployment names if they are found to be in violation of this AUP.
If an account for which Overfetch is providing Overfetch Services is found to be inactive, the account may be suspended or terminated by Overfetch, and any Customer Content relating to such account that is stored within the Subscription Services or other Overfetch Systems may be deleted. Overfetch will provide at least 30 days’ notice prior to permanently deleting your account, unless we deem it reasonably necessary to suspend or terminate your account without notice. For the avoidance of doubt, if we determine that the email associated with your account is invalid, we may terminate your account without further notice.
An account may be considered inactive if:
(a) no Customer Authorized User has logged into the account for at least 6 (six) months;
(b) no Customer Instructional Input was ever created within or input into the account and at least 3 (three) months has passed since the account was established;
(c) your account is set up to be paid by credit card, you did not provide a valid credit card number or you failed to update an expired or invalid credit card number and at least 3 (three) months have passed without a valid credit card number being on file, provided that for the avoidance of doubt this provision does not limit Overfetch’s right to terminate your account for non-payment relating to actual usage.