The Bloomreach Acceptable Use Policy (the “AUP”) specifies guidelines for users of the Bloomreach Services. Users of the Bloomreach Services (“You” or “Your”) are obligated to use Bloomreach’s Services as agreed to in your Agreement and respective Sales Order(s), in compliance with Documentation and according to the AUP. Use of the Bloomreach Services may be suspended or terminated for violation of this AUP in accordance with your Agreement with Bloomreach. Unless otherwise defined in this AUP, capitalized terms shall have the meaning set out in the Agreement.

Inquiries regarding this policy should be directed to [email protected].

Acceptable Use Policy

Bloomreach’s Services shall not be used by any person or entity:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• In any way that violates any third-party rights (including but not limited to
  intellectual property, moral, privacy or proprietary rights, or in any way that harms any individuals including minors or entities, etc.);
• To engage in, foster, or promote illegal, abusive, or irresponsible behavior;
• To send, disseminate or promote any unlawful, invasive, abusive, harassing, infringing, obscene, hateful, defamatory, or fraudulent materials;
• To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other programs or computer code or other items of a destructive or deceptive nature to computer software or hardware;
• To use the Bloomreach Services in any manner that (i) violates any guides and policies communicated by Bloomreach or any generally accepted industry standards and guidelines, (ii) harms or depreciates the Bloomreach Services, (iii) violates any applicable third party policies or requirements that Bloomreach has communicated to you;
• To misuse the Bloomreach Services in any way;
• To disable, interfere with or circumvent any aspect of the Bloomreach Services or to attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Bloomreach Services, any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
• To access the Bloomreach Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Bloomreach Services;
• To adversely impact the availability, reliability or stability of the Bloomreach Services;
• To perform overload, monitoring or testing without Bloomreach’s prior consent;
• To launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Bloomreach Services or on any third party;
• To attempt to bypass or break any security mechanism on any of the services, or to use the Bloomreach Services in any other manner that poses a security or service risk to Bloomreach, to any User of the Bloomreach Services, to any of Bloomreach’s respective customers or to their customers;
• To harvest or otherwise collect information about others without their appropriate legal basis;
• To obtain 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;
• To monitor data or traffic on any network or system without the express authorization of the owner of the system or network;
• To Interfere with service to any user of the Bloomreach Services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• To use an Internet account or computer without the owner’s authorization;
• To generate, distribute, or facilitate unsolicited communication, email, promotions, advertisements or other solicitations (“spam”), SMS, MMS, or other text messages or push notifications in violation of any applicable law;
• To mine cryptocurrency on Bloomreach website or on any part of the Bloomreach Services;
• To collect or use email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• To conduct multi-level marketing, such as pyramid schemes and the like;
• To collect or use information without the consent of the owner of the information (if such consent is required by the applicable law);
• To use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• To use the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• For the use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
• For any conduct that is likely to result in retaliation against the Bloomreach Services, network or website, or the Bloomreach’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Excessive Use of System Resources
You may not use the Bloomreach services in a way that unnecessarily interferes with the normal operation of the Bloomreach services generally. In such circumstances, we may require You to repair abnormalities in Your code if the operation of the code unnecessary conflicts with other customers’ use of their Bloomreach services.

Any bulk or commercial e-mail may only be sent subject to compliance with all applicable laws. You are required to protect the security of Your Account and usage to ensure the security of the Services. Further, You are responsible for validating the integrity of the information and data they receive or transmit over the Internet and reporting any weaknesses in the Bloomreach network and any incidents of possible misuse or violation of this AUP. To determine compliance with this AUP and any other agreement between You and Bloomreach, Bloomreach reserves the right to monitor Your usage of the Services.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Bloomreach Services, system or network or to breach Bloomreach’s security or authentication measures, whether by passive or intrusive techniques, without Bloomreach’s express written consent.

Offensive Content

You may not publish, transmit or store on or via the Bloomreach’s network and equipment any content or links to any content that:

• Violates any law or suggests illegal activity;
• Contains pornography content;
• Is excessively violent, incites violence or threatens violence or contains harassing content or hate speech;
• Is defamatory or violates a person’s privacy;
• Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
• Improperly exposes trade secrets or other confidential or proprietary information of another person;
• Is intended to assist others in defeating technical copyright protections;
• Infringes on another person’s copyright, trade or service mark, patent or other property right;
• Is otherwise malicious, fraudulent or may result in retaliation against Bloomreach by offended viewers.
• Content “published or transmitted” via Bloomreach’s network or equipment includes web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the internet.

Copyrighted Material

You may not use the Bloomreach’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:

• You have been expressly authorized in writing by the owner of the copyright for the work to copy the work in that manner; or
• You are otherwise permitted by established copyright law to copy the work in that manner.
• It is Bloomreach’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Violation
Bloomreach may initiate an immediate investigation to substantiate an alleged violation. During the investigation, Bloomreach may restrict Your access to the Bloomreach Services to prevent further violations. The designation of any materials and actions as prohibited as described in this AUP is left entirely to the discretion of Bloomreach.

If you are found to be in violation of the AUP, Bloomreach may, at its sole discretion and in addition to measures stipulated in the Agreement, restrict, suspend or terminate such Your Accounts. Bloomreach has no obligation to provide warnings under any circumstances and can terminate the Your Accounts without prior notification upon a finding that the You have violated this AUP. Further, Bloomreach reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Bloomreach will notify law enforcement officials if the violation is believed to be a criminal offense and will cooperate fully with law enforcement authorities in investigating the alleged criminal offense.

Other

You must have valid and current information on file with Your domain name registrar for any domain hosted on the Bloomreach’s network.

You agree that we 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.