BYACCESSING OR USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AUP. If you violate this AUP or authorize or help others to do so, CherryRoad may suspend or terminate your use of the Services in accordance with the terms of the Customer Agreement. 

Unless otherwise defined herein, all capitalized terms used within this AUP have the same meaning as ascribed to such terms CherryRoad’s agreement with the Customer.

PROHIBITED USE AND CONTENT. 

Customer may not upload content or use the Services in a manner that CherryRoad believes:

1. Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”), including, but not limited to, the Digital

Millennium Copyright Act, or those Laws concerning child pornography and illegal gambling;

2. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

3. Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;

4. Advocates or induces illegal activity;

5. Stalks, harasses, or harms anyone, including minors;

6. Impersonates any person or entity or otherwise misrepresents Customer’s affiliation with a person or entity;

7. Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the Services (except to the extent software included in the

Services is provided to Customer under a separate license that expressly permits the creation of derivative works);

8. Except as allowed by local law, reverse engineers, disassembles, or decompiles the

Services or software included in the Services;

9. Accesses or uses the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;

10. Interferes with or disrupts the Services or servers or networks connected to the

Services;

11. Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Services or any other accounts, computer systems, or networks connected to the Services (each a “System”);

12. Attempts to gain unauthorized access to any portion of the Services or any System, whether through hacking, password mining, or any other means;

13. Violates the security or integrity of a system, including, but not limited to:

• Accessing or using any system without permission, including attempts to probe, scan, or test the vulnerability of a system or to breach any security or authentication measures used by a system;
• Monitoring data or traffic on a system without permission;
• Forging packet or email headers, or any part of a message describing its origin or route;
• Uploading content that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the Services; or
• Hacking, destabilizing, or adapting the Services, or altering another website to falsely imply it is affiliated with the Services;

14. Connects to any users, hosts, or networks where Customer does not have permission to communicate with such users, hosts, or networks, including, but not limited to:

• Monitoring or crawling a system so that such system is impaired or disrupted;
• Conducting denial of service attacks;
• Intentionally interfering with the proper functioning of any system, including any deliberate attempt to overload a system by any means;
• Operating network services like open proxies, open mail relays, or open recursive domain name servers; or
• Using means (manual or electronic) to avoid any use limitations placed on a system, such as access and storage restrictions;

15. Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;

16. Alters or obscures mail headers or assume a sender’s identity without the sender’s explicit permission; or

17. Collects replies to messages if those messages violate this AUP.

CherryRoad has the sole discretion to determine whether content or Customer’s use of the Services is prohibited. All content that is provided to CherryRoad or actions that are performed via Customer’s account, whether provided or performed by Customer’s employees, Customer’s contractors, or Customer’s customers and end users, are the sole responsibility of Customer.

MONITORING AND ENFORCEMENT

While not obligated to perform investigations, in accordance with the terms of the Customer Agreement, CherryRoad may:

1. Investigate violations of this AUP or misuse of the Services;

2. Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;

3. Remove, disable access to, or modify any content or resource that CherryRoad believes violates this AUP or any other agreement CherryRoad has with Customer for use of the Services; or

4. Suspend or terminate provision of Services to Customer for uses that violate this AUP or any other agreement CherryRoad has with Customer for use of the Services.

CherryRoad may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. CherryRoad’s reporting may include disclosing appropriate Customer information. CherryRoad also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

REPORT VIOLATIONS. 

Customer can report abuse of this AUP to abuse-ms@cherryroad.com.

MODIFICATIONS TO THE AUP. 

CherryRoad may, in its sole and absolute discretion, modify this AUP from time to time. 

CONTACT US. 

If Customer has any questions or suggestions regarding this AUP, please contact

CherryRoad at helpdesk@cherryroad.com.