Layercode Acceptable Use Policy

Your use of the Services is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by us in our sole discretion, we may warn you or suspend or terminate your account.

Please note that we may change our Acceptable Use Policy at any time pursuant to our Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms unless stated otherwise.

PROHIBITED CONTENT

The Content displayed and/or processed through your Customer Application(s) or other website(s) utilizing the Services shall not contain any of the following types of content:

• Content that infringes a third party's rights according to applicable law;

• Excessively profane content;

• Hate-related or violent content or content which incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse, or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health;

• Content advocating racial or ethnic intolerance or content which threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status;

• Content intended to advocate or advance computer hacking or cracking;

• Content that promotes illegal gambling;

• Unlawful pornography (e.g., disseminating child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted;

• Other illegal activity, including without limitation illegal export of controlled substances or illegal software;

• Phishing;

• Malicious content; or

• Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

PROHIBITED ACTIONS

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end users, to:

• Generate or facilitate unsolicited commercial email ("spam"), which includes, but is not limited to:

  • sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;

  • imitating or impersonating another person or their email address, or creating false accounts for the purpose of sending spam;

  • data mining any web property to find email addresses or other user account information;

  • sending unauthorized mail via open, third-party servers;

  • sending emails to users who have requested to be removed from a mailing list;

  • selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and

  • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

• Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

• Conduct or forward pyramid schemes and the like;

• Transmit content that may be harmful to minors;

• Impersonate another person or otherwise misrepresent yourself or misrepresent the source of any communication;

• Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;

• Use the Services to violate the legal rights of a third-party;

• Promote or encourage illegal activity;

• Interfere with other users' enjoyment of the Services;

• Perform significant load testing without first obtaining our written consent;

• Sell, trade, resell or otherwise exploit the Services for any unauthorized commercial purpose;

• Modify, adapt, translate, or reverse engineer any portion of the Services;

• Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;

• Reformat or frame any portion of the web pages that are part of the Services;

• Use the Services in connection with illegal peer-to-peer file sharing;

• Display any content on the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

• Modify the our logo or any other of our Marks;

• Use the Services to operate an "open proxy" or any other form of Internet proxy service that is capable of forwarding requests to any user or third party-supplied Internet host;

• Use the Services to access a third-party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to:

  • identify itself via a unique user agent string describing the purposes of the web client; and

  • obey the robots exclusion standard (http://www.robotstxt.org/robotstxt.html), also known as the robots.txt standard, including the crawl-delay directive;

• Use the Services, or any interfaces provided with them, to access any product or service in a manner that violates the Terms or other terms and conditions for use of such product or service.

YOUR RESPONSIBILITIES

1. You are solely responsible for the compliance with this Acceptable Use Policy by your end users, and your compliance with applicable laws when you're deploying the Services;

2. You are responsible for handling any claims related to your end users including any content, services or advertising made available by you. You are responsible for properly handling and processing notices sent to you (or any of your agents or affiliates) by any person claiming that you have violated such person's rights, including notices pursuant to the Digital Millennium Copyright Act or similar regulations in the applicable jurisdiction;

3. You are responsible for obtaining all the necessary consent, approval, or opt-in pursuant to the applicable laws where you're deploying the Services, including without limitation, consent or approval regarding processing, recording, storage, or otherwise disposal of user data (including personal data);

4. You are responsible for determining whether the Services or certain functions/features of the Services will satisfy your business, security or operational needs, and you are solely responsible to evaluate and take appropriate and necessary actions to ensure that your access to or use of certain functions/features (e.g., recording or content moderation features) of the Services is in strict compliance with applicable laws;

5. You are solely responsible for all Content that you or any of your end users upload, post, publish, display, share, store, transmit or otherwise use (hereinafter collectively, “Transmit”) in connection with the Services. Without limiting the foregoing, you shall not (nor shall you allow any third party to) knowingly or with reason to know to use the Services to transmit any content in violation of the above “Prohibited Content” section or perform any actions described in “Prohibited Actions” section.

6. We are providing you with an open source infrastructure platform (the “Platform”) to empower your business. Nonetheless, you are responsible for determining whether each feature of the Services is appropriate for your business and meets the requirements of applicable laws. In the event that your access to or use of the Services or any of its features may subject us to legal requirements or liabilities that are not usually applicable to an infrastructure provider, you are responsible for notifying us of such requirements or liabilities and take all necessary actions to adjust your use of the Services to release or waive Layercode, Inc. from such requirements or liabilities.

7. We do not actively monitor the Services or your use of the Services but may elect to do so at our sole discretion. We may (i) investigate violations of this Acceptable Use Policy; (ii) remove, disable access to, or modify any Content or resources that violates this Acceptable Use Policy or any other agreement we have with you for use of the Services; or (iii) report any activity that we suspect violates any applicable laws to appropriate law enforcement officials, regulations, or other appropriate third parties. However, in no event will we be responsible for any claim based on any commentary or Content transmitted in or through the Services by any user or any actions taken by any user of the Services, including any claim that the user Content violates any person's rights or is defamatory, libelous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behavior in your use of the Services in connection with your product. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that your product that implements the Services is at all times subject to terms and conditions binding on all users that are no less protective of Layercode and the Platform (and no less restrictive) than as provided in the Terms.

QUOTA & LIMITS

Layercode has certain soft and hard limits in using the Services. Hard limits are automatically enforced by the Services. Soft limits are limits that you agree not to exceed.