Acceptable Use Policy

Version 2.2 - February 2016

This policy describes prohibited uses of the Aptible Services and the website located at https://www.aptible.com and any subdomains (the “Aptible Site”). It is incorporated by reference into the Aptible Terms of Service. Capitalized terms used but not otherwise defined herein have the meaning ascribed to such terms in the Aptible Terms of Service.

The examples described in this policy are not exhaustive. We may modify this policy at any time by posting a revised version on the Aptible Site. By using the Services or accessing the Aptible Site, you agree to the latest version of this policy. If you violate this policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

WE RESERVE FULL AND FINAL DISCRETION AS TO WHETHER CERTAIN USES VIOLATE THIS ACCEPTABLE USE POLICY. YOU AGREE THAT OUR DETERMINATION IS FINAL.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Aptible Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Prohibited activities or content include:

  1. Illegal Activities: Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
  2. Harmful or Fraudulent Activities: Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  3. Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  4. Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  5. Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No HIPAA Violations

You agree not to use the Services to create, receive, maintain, or transmit protected health information, as defined in 45 C.F.R. § 160.103, without a Business Associate Agreement in place between you and Aptible. You agree only to use the Services as permitted by your Business Associate Agreement, including the

No High Risk Activities

You agree not to use the Services for High Risk Activities, as defined in the Aptible Terms of Service.

No Arms Dealing

You agree not to use the Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).

Prohibited activities include:

  1. Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  2. Interception: Monitoring of data or traffic on a System without permission.
  3. Falsification of Origin: Forging TCP/IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
  4. Hacking: Interfering with the security-related features of the Services

No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another Internet service provider if those messages violate this policy or the acceptable use policy of that provider.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.

Prohibited activities include:

  1. Monitoring or Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  2. Denial of Service (DoS): Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  3. Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  4. Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  5. Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
  6. Domain Impersonation: Creating applications pointing at domains you do not own or lawfully control.
  7. Malware: Uploading or otherwise any disseminating viruses, adware, spyware, worms, or other malicious code.

Usage and Quotas

You agree not to exceed the following limits:

  • 1 TB bandwidth/month for Development Accounts
  • 3 TB bandwidth/month for all other accounts

These are soft limits: If you inadvertently exceed these limits, we will attempt to contact you. If you exceed these limits willfully, repeatedly, or by significant amounts, we may terminate your account.

You agree not to take any action (directly or indirectly) that imposes or may impose (as determined by Aptible in our sole discretion) an unreasonable or disproportionately large load on Aptible’s or its third party providers’ infrastructure.

No Trolling

You agree not to:

  1. Access the Services to bring an intellectual property infringement claim against Aptible or any of Aptible’s affiliates, customers, vendors, business partners, or licensors;
  2. Develop or create a competing product or service;
  3. Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the Services or any component thereof;
  4. Sub-license, resell, or distribute the Services or any component thereof separate from any integrated application;
  5. Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  6. Post, upload, or distribute any Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  7. Perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation; misrepresenting the source, identity or content of information transmitted via the Services; accessing any other Service account without permission, or falsifying your age or date of birth.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this policy or misuse of the Services or Aptible Site. We may:

  1. Investigate violations of this policy or misuse of the Services or Aptible Site;
  2. Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Aptible Site; and
  3. Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We 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 policy.

Reporting of Violations of this Policy

If you become aware of any violation of this policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

To report any violation of this policy, please email us at legal@aptible.com.