This Acceptable Use Policy (“AUP”) describes the activities that you, Customer, are not permitted to engage in or perform while using the Zasio products and services purchased pursuant to the Software as a Service Agreement (“Agreement”) by and between you as the Customer and Zasio Enterprises, Inc., with its principal offices at 401 W. Front St., Suite 305, Boise, ID 83702 (“Zasio”). This AUP is incorporated by reference in the Agreement, and all capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.

  1. ABUSE

In addition to the use restrictions and limitations identified in the Agreement, Customer may not use the network or the Software to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:

  • Any activity or conduct that is likely to be in breach of any applicable laws, codes, or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
  • Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Intentionally, knowingly, or recklessly introducing any virus or other contaminating code into the Software or supporting infrastructure;
  • Any conduct that is likely to result in retaliation against the network, Software and corresponding website, infrastructure, or Zasio and its employees, officers, contractors, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
  • Interference with service to any user of the Software and corresponding infrastructure, or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Any action which directly or indirectly results in any of the infrastructures’ IP space being listed on any abuse database (i.e. Spamhaus); or
  • Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you, Zasio, and Zasio’s
  1. OFFENSIVE CONTENT

 Customer may not publish, transmit, or store on or via the Software any content or links to any content that Customer or Zasio reasonably believes:

  • Constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
  • Any content that is violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Is defamatory or violates a person’s privacy; or
  • Is otherwise malicious, fraudulent, or morally
  1. VULNERABILITY TESTING

Customer may not attempt to probe, scan, penetrate, or test the vulnerability of the Software or related system or network, or to breach any security or authentication measures, whether by passive or intrusive techniques. Additionally, Customer may not perform such testing of the Software server and database without Zasio’s prior written consent.

  1. EXPORT CONTROL

The Software may not be used in violation of export laws, controls, regulations, or sanction policies of the United States or your applicable jurisdiction. The Software may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

  1. INTELLECTUAL PROPERTY AND PROPRIETARY

Customer may not use the Software or corresponding infrastructure in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. By way of example and without limiting the foregoing:

  • Customer may not use the Software or infrastructure to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
  • Customer may not use the Software or infrastructure to publish content intended to assist others in defeating technical copyright protections; and
  • Customer may not display another person’s trademark without

Additionally, Customer may not use the Software to publish another person’s trade secrets or to publish information in violation of a duty of confidentiality. Zasio reserves the right to terminate the services of Customers who are repeat infringers in appropriate circumstances.

  1. INVESTIGATIONS AND LEGAL

If Zasio is legally required to permit any relevant authority to inspect Customer’s content or traffic, Customer agrees to such inspection; provided however that, where possible without breaching any legal or regulatory requirement, Zasio gives you reasonable prior notice of such requirement.

Zasio may, without notice, report to the appropriate authorities any conduct by the Customer that may violate applicable law and provide any information and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

  1. EXCESSIVE USE

Customer may not use any shared system provided by Zasio in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. Customer agrees that Zasio may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

  1. THIRD PARTY

Customer is responsible for violations of this AUP by anyone using the Software with the Customer’s permission or on an unauthorized basis as a result of the Customer’s failure to use reasonable security precautions. The Customer’s use of the Software to assist another person in an activity that would violate this AUP if performed by the Customer is a violation of the AUP.

Customer must use reasonable efforts to secure any device or network within its control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software, and operating system and application software patches and updates. Zasio’s right to suspend or terminate access to the Software applies even if a breach is committed unintentionally or without the Customer’s authorization, including through a Trojan horse or virus.

  1. CHANGES TO THIS

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, Zasio may from time to time amend this AUP to further detail or describe reasonable restrictions on the Customer’s use of the Software and related infrastructure. The revised AUP will become effective thirty (30) days following written notice of a material change to the AUP.

  1. VIOLATIONS OF THIS

If the Customer breaches the AUP, Zasio may suspend or terminate Customer’s access to the Software in accordance with the Agreement. Zasio may intercept or block any content or traffic belonging to the Customer or to users where the Software is being used unlawfully or not in accordance with this AUP. No credit will be available for interruptions of service resulting from any AUP violation.