This ACCEPTABLE USE POLICY ("AUP") describes acceptable use of and access to the Cloud Services offered by Tray.io Inc. ("TRAY.IO") through the Website. BY ACCESSING 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, TRAY.IO may suspend or terminate your use of the Cloud Services in accordance with the terms of the Cloud Services Agreement or Terms of Service. Unless otherwise defined herein, all capitalized terms used within this AUP have the same meaning as ascribed to such terms in the Cloud Services Agreement or Terms of Service.
Customer may not upload Customer Data or use the Services in a manner that TRAY.IO 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 Cloud Services (except to the extent software included in the Cloud Services is provided to Customer under a separate agreement or license that expressly permits the creation of derivative works);
8. Except as allowed by local law, reverse engineers, disassembles, or decompiles the Cloud Services or software included in the Cloud Services;
9. Accesses or uses the Cloud Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
10. Interferes with or disrupts the Cloud Services or servers or networks connected to the Cloud Services;
11. Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Cloud 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 Customer Data that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the Cloud Services; or
Hacking, destabilizing, or adapting the Cloud Services, or altering another website to falsely imply it is affiliated with the Cloud 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 the System so that the 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 the 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.
TRAY.IO has the sole discretion to determine whether Customer Data or Customer's use of the Cloud Services is prohibited. All Customer Data that is provided to TRAY.IO 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.
While not obligated to perform investigations, in accordance with the terms of the Cloud Services Agreement or the Terms of Service, TRAY.IO may:
1. Investigate violations of this AUP or misuse of the Cloud Services;
2. Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
3. Remove, disable access to, or modify any Customer Data or resource that TRAY.IO believes violates this AUP or any other agreement TRAY.IO has with Customer for use of the Cloud Services; or
4. Suspend or terminate provision of Cloud Services to customer for uses that violate this AUP or any other agreement TRAY.IO has with Customer for use of the Cloud Services.
TRAY.IO may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. TRAY.IO's reporting may include disclosing appropriate Customer information. TRAY.IO 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.
Customer can report abuse of this AUP to firstname.lastname@example.org.
TRAY.IO may, in its sole and absolute discretion, modify this AUP from time to time. TRAY.IO will post notice of such changes on the Website or as provided in the Cloud Services Agreement or the Terms of Service. If Customer objects to any such changes, Customer's sole recourse shall be to cease using the Cloud Services. Continued use of the Cloud Services following notice of any such changes shall indicate Customer's acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.