In this document, definitions, words, or phrases will have the same meaning as in the Standard Contract unless and to the extent the context requires otherwise.
By using the Offering, Licensee (the Customer, hereafter referred to as the "Licensee") agrees to comply with the Acceptable Use Policies (hereafter referred to as "AUP") outlined in this agreement and also to indemnify Publisher against any claims by third parties arising from violation of this AUP.
Publisher reserves the right to make changes to this AUP at any time, and any changes will be effective immediately upon posting to the applicable URL. Licensees are responsible for regularly reviewing the AUP. Continued use of the Offering following any changes shall constitute acceptance of the changes.
This AUP recognizes the fundamental fact that no one owns or controls the Internet. Publisher cannot monitor or control all the activities of the Licensees. Spinpanel does not intend to actively screen, review, censor, edit, or take responsibility for the activities or content of our Licensees. The Licensee, not Publisher, assumes all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Licensee's business;
- Content and data provided by or through a Licensee for use with the Offering;
- Decisions about Licensee's computer and communications systems needed to access the Offering;
- Results obtained from using the Offering;
- Compliance with all applicable laws and governmental regulations regarding Licensee's business or use of the Offering;
- Use of the Offering by Licensee's Users;
- Compliance with this AUP by the Licensee and the Licensee's Users.
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Accordingly, Licensee must exercise a high degree of judgment and responsibility with respect to their use of the Offering, including the responsibility to comply with this AUP. Licensee will violate this AUP when Licensee, its affiliates, or Users engage in any of the following activities:
Network and other abuse. Using the Offering, infrastructure, or other resources in any way that adversely affects other Licensees is strictly prohibited. This includes but is not limited to:
- Gaining or attempting to gain unauthorized access to Office 365 or Azure services or the Offering. Such attempts include, but are not limited to, "Internet scamming" (tricking other people into releasing their personal information), password robbery, security hole scanning, port scanning, probing, monitoring, or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Intentionally omitting, deleting, forging, or misrepresenting transmission information, including headers, return addressing information, and IP addresses. Using IP addresses that were not assigned to them.
Illegal content. Accounts that include content or which have links to content that:
- Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property, including pirated computer programs, cracker utilities, warez, and software serial numbers or registration codes.
- Violates any law, statute, ordinance, or regulation governing the Licensee's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade-in firearms, mass destruction weapons, terrorism, drug-related activities, privacy, illegal gambling, data transfer, and telecommunications.
maybe immediately terminated, without any compensation begin due.
Material protected by intellectual property law. Use of the Offering to download, publish, distribute, or otherwise reproduce text, music, software, art, images, or any other work that is protected by intellectual property rights is prohibited unless:
- The entitled party expressly permits such use or reproduction of the work.
- Such use or reproduction of the work is otherwise permitted on the grounds of intellectual property regulations.
Publisher may render inaccessible to the public any content that, in the opinion of Publisher or according to information it receives, infringes the intellectual property rights of a third party by discontinuing the Offering according to the Standard Contract. Publisher will notify the Licensee at the earliest opportunity that the Offering has been discontinued in order to render content inaccessible. Publisher will put the Offering back into operation and make content accessible once it has been demonstrated convincingly that the disclosure thereof does not infringe intellectual property rights. Publisher cannot be held liable for any damages to Licensee's content resulting from its inaccessibility, be it temporary or otherwise. In the event that the content is rendered inaccessible in response to a report by a third party, the contact details provided by the third party at the time of making the report will be made available to you upon request.
It is the policy of the Publisher, where appropriate, to terminate the provision of the Offering to the Licensee who repeatedly or willfully infringes intellectual property rights.
Testing for vulnerability. Testing the systems or networks for vulnerability and/or testing, scanning, and/or penetrating these systems or networks is prohibited. The use of either passive or invasive methods to violate security and verification measures without the express prior consent of the Publisher is also prohibited.
Cooperating in investigations and judicial procedures. Publisher may check content or traffic relating to the Licensee, its affiliates, or users to ensure legitimate use of the Offering. Publisher may intercept or block content or traffic relating to the Licensee or its employees, which it will do in the event of unauthorized use of the Offering or if the Offering is used in a manner which is not in accordance with this AUP, and the Licensee persists in such use or if the Licensee does not provide a reasonable explanation within seven days of receipt of formal written notification from Publisher.
Publisher may, without notifying the Licensee:
- Report behavior which it suspects violates the applicable legislation to the relevant authorities.
- Furnish data relating to the Licensee, its affiliates or End Users or traffic possessed by Publisher and cooperate with an official or unofficial request by an investigative or government agency investigating such activities, and/or with an official request in a civil lawsuit that meets the requirements for such a request.
- If there is a legal obligation to allow a competent authority to inspect continental traffic, the Licensee consents unconditionally to compliance by Publisher with that obligation. To the extent that it is possible without violating statutory or regulatory requirements, the Publisher will give reasonable advance notice of such an obligation and afford the Licensee the opportunity of objecting to and/or attempting to limit the extent of such an inspection insofar as it is reasonably feasible.
Spinpanel administrative login and management software. To facilitate license/workspace management, inventory, and related activities, Publisher's services include an administrative account in the connected Microsoft Partner Center and password and/or a Spinpanel daemon. The Publisher takes all reasonable precautions to maintain the security of these tools and the privacy of client data. Therefore, Licensee must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of the Licensee's account.
API gateway. The shared API gateway provided by the Publisher may not be used in a manner that unnecessarily restricts the normal operation of the API gateway or uses a disproportionate share of the system resources. For instance, Spinpanel may forbid the excessive use of API calls if such use has a detrimental effect on the API gateway. Publisher may request the Licensee to restore code deviations from the Licensee's code if this conflicts unnecessarily with the use of the APIs by other Licensees.
Account cancellation. This AUP is not exhaustive. The Publisher has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE AND WITHOUT ANY COMPENSATION BEING DUE. No refunds of fees paid will be made if account termination is due to a violation of the AUP as outlined above.