This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of Crescerance’s services and systems (the “Services”) by our customers and end users (each, a “User”). This policy is intended to provide examples, but not an exhaustive list, of conduct deemed by Crescerance to be inappropriate or harmful to the reputation of Crescerance and therefore prohibited when using the Services. The guidelines and restrictions in this AUP on use of the Services by a User shall apply equally to any person or entity that is provided access to the Services, directly or indirectly, by a User. By using the Services, User acknowledges that it has read, understood and agrees to comply with the terms of this AUP.
General Conduct
User must use the Services in a manner consistent with the permitted and intended use of such Services. Unless otherwise expressly permitted in writing by Crescerance, User may not assign, transfer, distribute, resell, lease or otherwise provide access to the Services to any third party, or use the Services with or for the benefit of any third party (other than authorized end users). User may only use the Services for lawful purposes and in accordance with this AUP.
Responsibility for Content
Crescerance takes no responsibility for any User content created, made accessible or delivered on or through the Services. Crescerance does not monitor or exercise any editorial control over such content. User is solely responsible for any content published or made available through the Services by User. User is further responsible for compliance with all laws applicable to the publication and distribution of such content. User shall be solely responsible for maintaining a copy of its content.
Inappropriate and Illegal Content
User shall not use the Services to transmit, distribute or store material that is inappropriate (as reasonably determined by Crescerance), or material that is illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or is inconsistent with the generally accepted practices of the Internet community. User shall ensure that its use of the Services and all content transmitted, distributed or stored on the Crescerance network or systems do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. User shall not use the Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, malware, or other component harmful to the Services, any other network or equipment, or other Users.
Intellectual Property
User shall not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information.
Fraudulent or Misleading Content
User shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
Email and Spam
User shall not use the Services to send unsolicited e-mail messages or other postings, including, without limitation, bulk commercial advertising or informational announcements (“spam”). Further, User is prohibited from using the service of another provider to send spam or to otherwise promote an application hosted on or connected to the Crescerance network or Services. In addition, User shall not use the Services to: send messages that are excessive and/or intended to harass or annoy others; continue to send messages to a recipient who has indicated that he/she does not wish to receive them; send messages with forged header information; or send malicious messages. Crescerance reserves the right to charge User at Crescerance’s standard rates for time required to handle any complaints that User violated this Email and Spam section.
Security Violations
User is prohibited from violating or attempting to violate the security of the Services, or any third party network, system, server, or account, including, without limitation, engaging in any of the following activities: accessing data, servers, accounts, databases, or systems that User is not authorized to access; impersonating Crescerance personnel; attempting to breach security or authentication measures without proper authorization; attempting to interfere with, disrupt or disable use of the Services to any user, host or network; taking any action in order to obtain services to which such User is not entitled; or attempting to utilize another party’s account name or persona without authorization from that party. User is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Crescerance Services. Violations of system or network security may result in civil or criminal liability.
Crescerance Rights and Remedies
If User becomes aware of any content or activity that violates this AUP, User shall take all necessary action to prevent such content from being routed to, passed through, or stored on the Crescerance network or services. To the extent Crescerance becomes aware of any content or activities that Crescerance deems, in its sole discretion, to be in violation of this AUP, Crescerance may immediately block access to such content, suspend or terminate any affected Crescerance service, or take any other actions Crescerance deems appropriate. Crescerance shall be solely responsible for determining if any content or action violates this AUP. Crescerance reserves the right to terminate or suspend services if the continued provision of services would violate law or otherwise harm Crescerance’s network, Services or customers. Crescerance also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that Crescerance deems responsible for the wrongdoing. Crescerance will endeavor to provide notice to User prior to suspension or termination of Crescerance services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on Crescerance. Crescerance shall not be liable for any damages of any nature suffered by any User or third party resulting in whole or in part from Crescerance’s exercise of its rights under this AUP.
Crescerance reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on www.crescerance.com. Any use of the Services after such modification shall constitute acceptance of such modification. Any violation shall be sent to abuse@crescerance.com
Last updated: May 13, 2014