Acceptable Use Policy

 

  1. Our Policy

This Acceptable Use Policy describes actions that Kustomer, Inc. (“Kustomer”) prohibits when you use its website and/or services (the “Platform”). The terms “you,” “your,” and “yours” refer to the customer. The Acceptable Use Policy is governed by our Terms of Service or other agreement entered between you and Kustomer. Our Terms of Service or such agreement take precedence over any conflicting Acceptable Use Policy provision. BY USING THE PLATFORM OR THE KUSTOMER WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THIS ACCEPTABLE USE POLICY PLEASE DO NOT USE THE WEBSITE AND/OR PLATFORM. Kustomer may in its sole discretion determine whether you are in violation of this Acceptable Use Policy. The Platform may be used only for lawful purposes and may not be used for any illegal activities. Using the Platform in an illegal, abusive or otherwise inappropriate manner that interferes with or diminishes others’ use and enjoyment of the Platform is prohibited. The following list gives examples of illegal, abusive, interfering, unacceptable or otherwise inappropriate behavior while using the Platform. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely impacting the availability, reliability or stability of the Platform and Kustomer’s services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Platform or Kustomer’s services.
  • Attempting to bypass or break any security mechanism on any of the Platform or using the Platform in any other manner that poses a security or service risk to Kustomer, to any user of our Platform, to any of our respective customers or to their customers.
  • Testing or reverse-engineering the Platform in order to find limitations, vulnerabilities or evade filtering capabilities.
  • Using the Platform in any manner that may subject Kustomer or any third party to liability, damages or danger.
  • Uploading, downloading, posting, submitting or otherwise distributing or facilitating the distribution of any content on or through the Platform that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy DMCA Copyright Policy);
    • you know is false, misleading, untruthful or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    • impersonates any person or entity, including any of our employees or representatives; or
    • includes anyone’s identification documents or sensitive financial information.
  • Using the Platform in any manner that violates any applicable third party policies or requirements that Kustomer has communicated to the customer.
  • Engaging in fraud with respect to your account.
  • Using your account to engage in fraudulent activity with respect to third parties.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing or misappropriating the rights of any third party, including privacy rights.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the Platform any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Harvesting or otherwise collecting information about others from Kustomer’s website without their express consent.
  • Interfering with or disrupting networks connected to the Platform or violating the regulations, policies or procedures of such networks.
  • Using the Platform, or a component of the Platform, in a manner not authorized by Kustomer.

 

  1. Other Prohibited Conduct

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted through the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); (iv) run any form of auto-responder or “spam” on or through the Platform; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page contained within the Platform or our website; (vi) harvest or scrape any content from the Platform; or (vii) otherwise take any action in violation of our guidelines and policies.

 

  1. Remedies

Violation of this Acceptable Use Policy may result in the immediate suspension or termination of your account, civil and/or criminal liability, and Kustomer may, in addition to any remedy that it may have at law or in equity, terminate permission for you to use the Platform. In such event, you are still liable for any and all outstanding charges accumulated through your use of the Platform, including uses in violation of this Acceptable Use Policy or the laws of any jurisdiction. In addition, Kustomer may investigate incidents that are contrary to this Acceptable Use Policy and provide requested information to third parties who have provided notice to Kustomer stating that they have been harmed by your failure to abide by this Acceptable Use Policy. Kustomer’s failure to enforce this policy in each and every instance in which it might have application does not amount to a waiver of Kustomer’s rights hereunder.