Acceptable Use Policy (AUP)
This Acceptable Use Policy (“AUP”) governs Licensee’s and Users’ use of all BrightMove Software and forms part of the agreement or governing use of BrightMove’s product offerings (the “Agreement”).
All capitalized terms not defined herein are as defined in the Agreement.
1. Prohibited Actions. Licensee/User may not use a Service to, nor allow its Users or any third-party to use the Software or any infrastructure upon which the software operates:
- to interrupt, or attempt to interrupt, violate, breach, or compromise the operation or security of the Services or any networks or systems;
- to intentionally or unintentionally interfere with the availability of the Service for other users;
- to harass any person, cause damage or injury to any person or property or the environment, or publish any material that is false, defamatory, harassing, or obscene;
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings, “spam” or other solicitations;
- in any manner that may be unlawful or gives rise to civil or criminal liability, or in violation of any law or regulation, including (but not limited to) data privacy, anti-spam, consumer protection, telemarketing laws;
- in a manner that violates or infringes upon the intellectual property, privacy, or publicity rights of any person or entity;
- to remove any copyright, trademark, or other proprietary rights notices contained in or on the service or content, or reformat or frame any portion of the web pages or outputs that are part of the Service administration display;
- to impersonate another person, entity or BrightMove (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any communication;
- in any manner to develop or assist with the development, testing, or marketing of products that are similar to or competitive with, or that have similar features to, the Software or any of BrightMove’s products;
- to perform any benchmarking or side-by-side testing with any other products or services, without the express written permission of BrightMove;
- to perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, or penetration testing of the Services, or otherwise disable, interfere with or circumvent any aspect of the Services, without the express written consent of BrightMove;
- to take any action that may disrupt or is likely to damage, disable, or overburden the Services or the Services infrastructure;
- to upload, use, or otherwise make available any Licensee data that contains viruses, worms, trojan horses, corrupted files, hoaxes, malicious code of any kind, or any other item of a destructive or deceptive nature;
- to try to gain unauthorized access to or disrupt any service, device, data, account, or network; or
- in any manner not in conformance with the allocations and amounts subscribed to in the applicable Pricing Addendum.
2. Enforcement. Licensee’s violation of this AUP will be considered a material breach of the Agreement. If BrightMove receives a notice alleging that material on Licensee’s instance of the Software infringes another party’s intellectual property, BrightMove may temporarily suspend the identified User’s or Licensee’s instance of the Software or remove the allegedly infringing material.
3. Changes to this AUP. BrightMove may change this AUP by posting an updated version of the AUP at [https://brightmove.com/legal/acceptable-use-policy], and such updates will be effective upon posting.