BEEYOND'S ACCEPTABLE USE POLICY
Date Posted: Friday, March 18th 2022
Beeyond Marketplace, Inc., its subsidiaries, and affiliates (collectively “Beeyond,” “we,” “us,” or “our”) have adopted this Acceptable Use Policy (“AUP”) to govern the use of Beeyond’s cloud services (the “Cloud Services”) by our customers (“Customers,” “you,” or “your”) and by users that have gained access to the Cloud Services through Customer accounts (“Users”).
By using the Cloud Services, you acknowledge that you and your Users are responsible for compliance with this AUP, and agree to be bound by this AUP. You further acknowledge that you are responsible for violations of this AUP by any User that accesses the Cloud Services through your account, which may include, without limitation, Users for whom you provide services. Beeyond does not intend to control or monitor any User’s experience or the content of their online communications. However, Beeyond reserves the right to disconnect, suspend, or otherwise terminate your access to the Cloud Services for usage that violates (or that may violate) this AUP or that otherwise appears unlawful or inappropriate. This AUP applies to all aspects of the Cloud Services across Beeyond’s websites and platform, including but not limited to software, equipment, systems, facilities, services, content, and applications incorporated or used in or through the Cloud Services.
The use of the Cloud Services by a Customer is subject to the terms and conditions of any agreements entered into by such Customer and Beeyond. This AUP is incorporated into such agreements by reference. Certain content or services provided through the Cloud Services may have additional terms and conditions, which additional terms and conditions are also hereby incorporated into this AUP by reference.
If you do not wish to be bound to this AUP, you must not access, subscribe to, or otherwise use the Cloud Services.
Inquiries regarding this AUP should be directed to:email@example.com.
A. Unacceptable Use
This AUP requires that all Customers and other Users of Beeyond’s Cloud Services conduct themselves with respect for all Users. Accordingly, by accessing or using the Cloud Services, you agree to observe the following rules in connection therewith:
1) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
2) Privacy: Do not violate the privacy rights of any person. Do not cooperate in or facilitate identity theft. Do not collect or disclose any Personal Information without the subject’s prior consent. For purposes of this AUP, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person or household. Personal Information includes (without limitation) all of the following: Social Security numbers, other personal tax ID numbers, student identification numbers, passport numbers, driver’s license numbers, other government identification numbers, financial account data, payment card numbers, biometric information, health or medical information, insurance information, usernames, Internet protocol addresses, passwords, access codes, and security questions, as well as any information that if compromised could permit a person to assume the identity of another person.
3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, drawings, graphics, articles, or other works of authorship without the written permission of the copyright holder.
4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers or software used to provide the Cloud Services. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, software, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Cloud Services.
5) Spam: Do not send bulk (emails to multiple recipients) unsolicited e-mails (“Spam”) or sell, transfer, upload, or market any content, product, or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-SPAM Act of 2003.
6) Fraud: Do not issue fraudulent offers to buy or sell content, products, services, or investments. Do not mislead anyone about the details or nature of any commercial transaction. Do not commit fraud in any other way.
7) Content and Creatives. Do not submit, upload, transmit, or approve any content for advertisements through the Cloud Services that may be considered to be of poor technical quality, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, or otherwise objectionable according to Beeyond’s standards and policies. Without limiting the generality of the foregoing, you must not publish, transmit, or store, on or via the Cloud Services, any content or links to any content that: (i) constitutes, depicts, fosters, promotes or relates in any manner to pornography, bestiality, non- consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age; (ii) is excessively 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; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction; (iv) is defamatory or violates a person's privacy; or (v) is otherwise malicious, fraudulent, and/or morally repugnant.
8) Violations of Law: Do not violate any law, rule, or regulation of the United States, of the jurisdiction in which you are based, or of any other jurisdiction in which you operate, in whole or in part, your business by using the Cloud Services in any way. You are always responsible for ensuring that you comply with all applicable laws and regulations for all of the locations where your advertisements are displayed.
9) Export Control: The Cloud Services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or any other jurisdiction. The Cloud Services 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 such activities or causes.
10) Third Party Conduct. You are responsible for violations of this AUP by anyone using the Cloud Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Cloud Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited e-mail, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your use of the Cloud Services applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
B. Consequences of Violation
Violation of this AUP may lead to suspension or termination of your and/or other users’ account(s) or legal action. In addition, you agree that, in Beeyond’s sole and absolute discretion, you may be required to pay for any and all costs of investigation and remedial action incurred by Beeyond in connection with any violation of the AUP by you and/or other Users, including without limitation attorneys’ fees, court costs, and arbitration costs. Beeyond reserves the right to take any other remedial action it deems appropriate. However, Beeyond is not required to take any action against any customer or user violating this AUP.
C. Reporting Unacceptable Use
Beeyond requests that anyone with information about a violation of this AUP report it via electronic mail to the following address: firstname.lastname@example.org Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address, if available, as well as details of the violation.
D. Revision of AUP
Beeyond may update or revise this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.