This Acceptable Use Policy (“AUP”) sets forth the restrictions regarding use of the SightCall, Inc. (“SightCall”) Services platform (the “SightCall Services”). Use of the SightCall Services is governed by the separate agreement entered into between the user (“User”) and SightCall (the “Agreement”). This AUP is incorporated into the Agreement by reference.
1. The User shall not:
1.1 use the SightCall Services to store or transmit infringing, libelous or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
1.2 use the SightCall Services to store or transmit viruses or malicious code;
1.3 interfere with or disrupt the integrity or performance of the SightCall Services, or attempt to or actually override any security component included in the SightCall Services;
1.4 attempt to gain unauthorized access to the SightCall Service or any related systems or networks;
1.5 permit direct or indirect access to or use of the SightCall Services in a way that violates the Agreement;
1.6 use the SightCall Services to generate or send unsolicited communications, advertising or spam, or otherwise cause SightCall to become impaired in its ability to send communications on its own or on its customers’ behalf (e.g., by causing SightCall to become registered on any email DNS blacklist or otherwise be denied services by any other third party communications service provider); or
1.7 do anything that in any way would cause the SightCall Services or any tool or other software provided with or used in connection with the SightCall Services, or any part thereof, to be subject to any Open Source Software license or agreement, including without limitation any license or agreement that would require or purport to require that the SightCall Services or any part thereof be disclosed or distributed in source code form or licensed for the purpose of making derivative works. “Open Source Software” means any open source, community or other free code or libraries of any type, including, without limitation, any code which is made generally available on the Internet without charge (such as, for example purposes only, any code licensed under any version of the MIT, BSD, Apache, Mozilla or GPL or LGPL licenses).
1.8 use the SightCall Service in any illegal or unlawful manner, or for any illegal or unlawful purpose, or to stalk, harass, or harm another individual;
1.9 perform any act which is intended to and/or actually does harm to SightCall, the SightCall Services, or any of SightCall’s customers;
1.10 imply or state, directly or indirectly, that Customer is affiliated with or endorsed by SightCall without SightCall’s express written permission; or
1.11 share the Customer’s password (e.g. concurrent use rights are prohibited) or let any third party access Customer’s account, or take any other action which would affect the security of the Customer’s account;
2. Monitoring and Suspension Rights. SightCall will not review or screen Customer Materials on a regular basis for compliance with this AUP or applicable law, and SightCall shall have no obligation to do so; provided, however, that in addition to any other rights SightCall may have, SightCall reserves the right to suspend and/or terminate Customer’s access to and/or use of the SightCall Services, or any particular Customer Materials, if SightCall determines, in its sole judgment and discretion, that such suspension or termination is necessary to comply with the foregoing restrictions, applicable law, and/or to prevent significant harm to the SightCall Services or any User, and in such event, SightCall shall use commercially reasonable efforts to suspend or terminate only that portion of the SightCall Services or any particular Customer Materials as SightCall deems reasonably necessary to prevent the occurrence or continuation of such violation and/or harm.
3. Usage Policy. User profiles may be monitored to identify unusual patterns inconsistent with normal, individual use. SightCall may, at its sole discretion, suspend Customer’s right to use the SightCall Services, and/or terminate this Agreement in its entirety (and, accordingly, Customer’s right to use the SightCall Services), if SightCall determines that Customer usage varies substantially from normal use, and/or there is an unusual spike or increase in Customer use of the SightCall Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the SightCall Services. SightCall will use good faith efforts to provide prior written notice to the Customer in advance of any such suspension and/or termination