Acceptable Use Policy

Last updated on November 8, 2022

In order to provide Customer with the best Services and Products, Appspace needs to keep its network and platforms up and running as fast and efficiently as possible. To do this, Appspace needs to make sure that none of its customers abuse or misuse the software or systems. Because Appspace cannot possibly define every situation that can fall under abuse or misuse, Appspace has listed some of the guidelines and do’s and don’ts in this Acceptable Use Policy (this “AUP”), but this is not intended to be a fully comprehensive list. If something illegal or inconsistent with the Appspace policies occurs on the network or with the Software, Appspace reserves the right to remove the Content and suspend or terminate Customer’s account. “Content” as used in this AUP means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that Customer posts, uploads, shares, submits, or otherwise provide in any manner to the services and (2) any other materials, content, or data Customer provides to Appspace or use with the Appspace Products or Services.

The AUP is incorporated by reference in the End User License Agreement and/or any related Order Form between Appspace and Customer. Words that are capitalized in this AUP have the meanings given to them in the End User License Agreement and/or any related Order Form.

Most of these guidelines are common sense: do not do anything evil, do not do anything you know you should not do, and do not do anything you would not want someone to do to you.

A. Account Terms

  1. Customer is responsible for maintaining the security and confidentiality of user IDs and passwords. Customer shall promptly notify Appspace in the event Customer becomes aware of any such breach of the foregoing sentence. Appspace cannot and will not be liable for any loss or damage from Customer’s failure to comply with this security obligation.
  2. Customer is responsible for all Content posted on and activity that occurs under Customer’s account (even when Customer did not post the Content, but it is posted by others who have access, legal or otherwise, to Customer’ account, but not if the Content was posted by Appspace or any Appspace employee, contractor, or agent).
  3. Customer understands that the technical processing and transmission of the services, including Customer’s Content, may be transferred encrypted and may involve transmissions over public networks; and may also involve changes to conform and adapt to technical requirements of connecting networks or devices.

B. Prohibited Wrongful Activities; Inappropriate Content and Communications

  1. Customer may not use Appspace Products or Services for any illegal or unauthorized purpose, or to violate any applicable laws (including without limitation data, privacy, and export control laws). By way of further example this includes, but is not limited to, the following:
    • Any activity that violates a person’s privacy, including publishing or posting a person’s private and confidential information without their express permission, or collecting or gathering a person’s personal information (including account names or information) from our services.
    • Any activity that harms, threatens or exploits children or minors (including child pornography, which Appspace will promptly remove and report to law enforcement, including the National Center for Missing and Exploited Children).
    • Any activity that infringes upon the rights of Appspace or others (e.g., unauthorized sharing of music, photographs, logos, or of any other copyrighted or otherwise protected materials (such as those covered by intellectual property rights, trade secrets, or moral, proprietary or contractual rights)).
    • Sending, generating, hosting, posting, or transmitting unsolicited bulk email or instant messages, i.e., spam.
    • Publicly displaying inappropriate images, such as nudity, bestiality, pornography/sexually explicit, etc.
    • Engaging in activity that is false or misleading, such as attempts to ask for money under false pretenses, impersonating someone else, phishing, spoofing, etc.
    • Engaging in activity that is harmful to, or may harm, the Appspace products or others (e.g. viruses, worms, bots, any code of a destructive nature, stalking, hate speech, inciting or advocating violence against others).
    • Accessing or searching any part of the services by any means other than our publicly supported interfaces (for example, “scraping”).
    • Using meta tags or any other “hidden text” including Appspace’s, or our suppliers’, product names or trademarks.
    • Could otherwise cause damage to Appspace or any third party
  2. Accounts created or registered by “bots” or any other automated methods are not permitted.
  3. Customer may not modify, adapt, or hack the Appspace Products or Services or modify another website so as to falsely imply that such website is associated with Appspace, its website, or any Appspace Products or Services.
  4. Customer may not use the Appspace Products or Services if Customer is developing software or services competitive to Appspace, monitoring the Products or Services for performance or functionality, or measuring for any other competitive purposes. Any violation of this clause will be considered a material breach and result in immediate termination of any Appspace Products and Services, and Appspace may pursue any and all remedies available to it in law or equity.
  5. Verbal, physical, written, or other abuse (including stalking, harassing, threats of abuse or retribution) against any person or entity, including any Appspace customer, employee, member, or officer is not permitted and may result in immediate account termination.
  6. Customer may not engage in activities that could interfere or compromise the integrity or performance of our systems. This could include modifying, disabling, probing, scanning, or testing the vulnerability of any system or network that hosts our Services.
  7. Customer may not tamper with, reverse-engineer, or hack our services; and Customer may not circumvent any security or authentication measures, or attempt to gain unauthorized access to the Services, related systems, networks, or data.
  8. Deciphering any transmissions to or from the servers running the Services is not permitted.
  9. Customer may not overwhelm or attempt to overwhelm the Appspace infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:
    • Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers, such as in a DDOS attack, than a human could reasonably send in the same period of time by using a normal browser; or
    • Going far beyond the use parameters for any given service as described in its corresponding documentation.
  10. Customer may not consume an unreasonable amount of storage for media, such as music, videos, pornography, etc., in a way that is unrelated to the purposes for which the Services were designed. Appspace, in its sole discretion, will determine whether Customer is consuming an unreasonable amount of storage.
  11. Customer may not post, upload, store, share, submit, or otherwise provide Content that:
    • Customer does not have the right to submit;
    • Is deceptive, fraudulent, illegal, or may reasonably be perceived as obscene, defamatory, libelous, threatening, harmful to minors, indecent, harassing, or hateful;
    • Encourages illegal or tortious conduct, or that is otherwise inappropriate;
    • Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, medical condition, or other legally protected category;
    • Contains viruses, bots, worms, scripting exploits, Malicious Code, or other similar materials;
    • Is intended to be inflammatory;
    • Contains personally identifiable information, except as necessary for the establishment of Customer’s Appspace account;
    • Contains any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act of 1996 as amended, or any similar federal or state laws, rules or regulations;
    • Contains information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act or related rules or regulations.
  12. Customer also may not solicit our users for commercial purposes, or promote or advertise Products or Services other than Customer’s own, unless expressly permitted by Appspace.

C. API Terms

Customer may access Customer’s Appspace account data via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses Appspace, is bound by the terms of the End User Agreement ( Abuse of the API or excessively frequent requests to Appspace via the API may result in the temporary or permanent suspension of Customer’s account access to the API. Appspace, in its sole discretion, will determine abuse or excessive usage of the API.

Without affecting any other remedies available to us, Appspace may permanently or temporarily remove content, or terminate, or suspend a user’s account or access to the services without notice or liability if Appspace, in its sole discretion, determines that a user has violated this Acceptable Use Policy. Termination or suspension of a Customer’s account will not prevent Customer’s obligations to pay fees owed to Appspace.