This Acceptable Use Policy (“AUP”) is applicable to all Allocate customers (individually a “Customer” and collectively “Customers”), including their direct or indirect end users that receive or use any service or resource from Allocate Software Limited and or members of the Allocate Software group of companies (as applicable “Allocate”).
By using Allocate services each Customer agrees that it has read, understands, accepts and agrees to comply with this AUP and that it shall procure that any third party, which may include an end user, deriving access to Allocate services through that Customer shall adhere to this AUP. Any obligation on a Customer to do or not to do something shall imply an obligation upon that Customer to procure that thing to be done or not to permit that thing to be done as the case may be.
Acceptable Use of Allocate Service
Allocate service(s) means the services as defined and purchased by each Customer in its applicable agreement with Allocate. When Customers use and/or access data and content and or perform activities within their service environment, the Customers are responsible for ensuring that these activities do not pose any risk to, or negatively impact Allocate, other Customers and or third-party sites or systems associated with or supported by Allocate.
A Customer may not use or access or allow or cause any third-party to use or access Allocate’s network or services to engage in, foster or promote illegal, abusive or irresponsible behaviour, including but not limited to:
- gaining, or attempting to gain, unauthorized access to any system or network, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization and consent of the owner of the system or network;
- sending unsolicited mass e-mail, SMS or other messages or communication in any form, commonly referred to as spam;
- altering, defacing or otherwise causing any unauthorized or unapproved modification of any system belonging to Allocate;
- storing, transmitting or processing material in a manner that violates intellectual property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks;
- violating the privacy rights of others, including, without limitation, the collection of information about individuals, including e-mail addresses, screen names or other identifiers without their knowledge and consent (e.g., phishing, internet scamming, password robbery, spidering and harvesting), except as allowed by applicable laws and regulations;
- transmitting or storing any material that is unlawful, obscene, harassing, libellous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;
- engaging in, or permitting, any activity that leads to a degradation or denial of service for Allocate, its Customer or any other system or site on the internet;
- intentionally, recklessly or negligently omitting, forging, deleting or misrepresenting transmission information—including, without limitation, headers, return-address information and IP addresses—that is intended to cloak or hide the identity or source of information transmitted by a Customer’s system, Customers or end users;
- engaging in, or permitting, any activity that results in the overutilization of power circuits;
- copying, modifying, reverse engineering, translating, or creating derivative works based on Allocate’s network, services or platform; or
- demonstrating, discussing, or specifying details of the service, network or platform to or with any competitor or potential competitor of Allocate.
If a Customer becomes aware of any such prohibited activity, then Customer agrees to immediately (i) notify Allocate, and (ii) use its best endeavours to remediate the prohibited activity.
Customers are responsible for ensuring that Allocate security controls are not circumvented by its acts or omissions.
In addition, Customers shall not:
- configure their systems to bypass security controls, including, without limitation, the installation of programs or services that allow the systems to be managed or accessed insecurely or through unauthorized means;
- conduct online security audits or tests against or through Allocate systems or networks, regarding security or authentication measures, whether by passive or intrusive techniques, without prior notification to Allocate;
- install programs or configure systems to allow the monitoring, or “sniffing,” of data travelling over a shared network;
- access, or attempt to access, security-relevant information, such as password files that may, among other things, be used to gain unauthorized access to system accounts;
- install or use software for the purpose of cracking encrypted data, including, without limitation, stored passwords;
- remove or disable security software or services, including, without limitation anti-virus software, logging utilities or authentication services without prior notification to Allocate;
- misuse any accounts on their systems located at or monitored by Allocate;
- fail to implement measures and procedures to ensure that its systems are not accessed or used in an unauthorized manner;
- transfer remote-access accounts from one individual to another, nor shall they be shared between individuals without prior notification to Allocate. Each user shall have an individual remote-access account that uniquely and accurately identifies the owner of the account; and
- engage in, allow, facilitate or direct robotic automation, screen scraping or other tools to access systems located at or monitored by Allocate, or to extract data from systems or when data is in transit.
Customers assume all responsibility for any adverse consequences that result from the use of their accounts by an individual that was granted access by Customer. Violations and Remedies Allocate reserves the right to audit, test, and investigate the security of Customers’ sites in an effort to ensure that security protections are maintained and that Customers’ sites and systems do not bypass, or allow others to bypass, Allocate security controls. If Allocate believes that systems located within the Allocate facilities and/or the Allocate environment are being used in an unlawful or improper manner or for unlawful or improper activities, Allocate will fully cooperate with civil and criminal enforcement authorities conducting investigations of such use or activities and affected Customers expressly consent to such co-operation. Allocate supports the investigation of prohibited activities as listed above and/or any other activities that may impact the operation or security of Allocate, Customers or other systems accessible by Customers.
Allocate may suspend any services without notice to or approval of a Customer if Allocate, in its sole discretion, deems such suspension is necessary to protect its systems, facilities or interests or those of Customers, including, without limitation, in response to any perceived threat of a computer virus, exploit scripts or other malicious software or denial-of-service attack (in each case, from any source). Allocate will use its commercially reasonable efforts to notify Customers prior to such suspension.
Notwithstanding anything to the contrary herein, Allocate retains the sole right to determine whether a violation of this AUP has occurred and the severity of any such violation. Allocate will endeavour to work with Customers to address violations of this AUP but is not required to do so if immediate action is required. Based on the severity of the violation or the number or nature of violations of this AUP by Customers, Allocate retains the sole right to suspend or terminate a Customer’s services without notice or approval by such Customer.
General Terms and Conditions Regarding this Policy
Any interruptions of service resulting from AUP violations will not be counted as interruptions or performance issues within any service level agreement. Allocate shall be relieved of any obligation to the extent that failure to perform that obligation results from any AUP violation. Allocate may modify this AUP from time to time. Use of Allocate services or facilities after any such modifications, shall be deemed agreement to those modifications. In the event that any provision of this AUP and any other contractual provision between a Customer and Allocate are inconsistent or conflicting, the inconsistent or conflicting provisions of this AUP shall control.
AUP Violation Reporting
Customers who become aware of a violation of this AUP must promptly report that information to Allocate by email to
[email protected]. Allocate may take such appropriate action as it deems necessary in response to such violation.