Acceptable Use Policy
If you are an Agile Prospector (“Application”) user, this is the document that clarifies what you are allowed to do with Agile Prospector and what you are not. If you do not agree to this Acceptable Use Policy, then you will be unable to use Agile Prospector. This Acceptable Use Policy is part of the Terms and Conditions (the “Terms”), and all capitalized terms not defined herein shall have the meaning set forth in the Terms and Conditions.
We may revise and update this Acceptable Use Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Application and Data Files thereafter. Your continued use of the Application and Data Files following the posting of the revised Acceptable Use Policy means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1. ACCESSING THE APPLICATION & ACCOUNT SECURITY
You are responsible for (i) making all arrangements necessary to have access to the Application, and (ii) ensuring that all persons who access the Application through your Internet connection are aware of the Terms and Conditions and comply with them. To access the Application and Data Files, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all the registration information you provide on the Application is correct, current and complete.
If you are provided with, or choose, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that this account is personal to you and agree not to provide any other person with access to the Application or Data Files using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
2. GENERAL RESTRICTIONS
You must not use the Application in any way that causes, or may cause, damage to the Application or impairment of the availability or accessibility of the Application, or any of the areas of, or services on, the Application.
You must not use the Application or Data Files:
a) in any way that is unlawful, illegal, fraudulent or harmful;
b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) to impersonate or attempt to impersonate the Provider, a Provider employee, another user or any other person or entity (including, without limitation, by using email address associated with any of the foregoing); or
d) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Provider or users of the Application or expose them to liability.
Additionally, you agree not to:
i) use the Application in any manner that could disable, overburden, damage or impair the Application or interfere with any other party’s use of the Application or Data Files, including their ability to engage in real time activities through the Application;
ii) use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the materials on the Application;
iii) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application; or
v) otherwise attempt to interfere with the proper working of the Application.
3. CUSTOMER MATERIALS
You must not use the Application and Data Files to distribute, display, publish, transmit or send material that is illegal or unlawful, or that will or may infringe a third party’s legal rights, including Intellectual Property Rights, or that could give rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).
Your use of the Data Files must not:
a) be libelous or maliciously false;
b) be obscene or indecent;
c) infringe any rights of confidence, rights of privacy, or rights under information privacy laws;
d) constitute negligent advice or contain any negligent statement;
e) constitute an incitement to commit a crime;
f) be in contempt of any court, or in breach of any court order;
g) be in breach of racial or religious hatred or discrimination legislation;
h) be in breach of any contractual obligation owed to any person.
4. EMAIL MARKETING & SPAM
You agree that all commercial emails sent using the related Data Files shall be in compliance with all applicable laws and regulations regarding the use of electronic messages, including without limitation, the CAN-SPAM Act.
You may not use the Data Files in any way (directly or indirectly) to send:
a) unsolicited email (“spam”) in violation of any law;
b) email to an address obtained via harvesting methods;
c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry;
d) use or contain invalid or forged headers;
e) use or contain invalid or non-existent domain names;
f) use a third party’s Internet domain name without their consent, or be relayed from or through a third party’s equipment without the third party’s permission;
g) contain false or misleading information in the subject line or otherwise contain false or misleading content;
h) use the Agile Prospector name, or logos without our prior written consent;
Customer Material must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet.
Customer Material must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
Customer Material should not cause annoyance, inconvenience or needless anxiety.
6. BREACHES OF THIS POLICY
We reserve the right to edit or remove any Customer from the Application and prohibit use of the Data Files, in our sole discretion for any reason, without notice or explanation.
Without prejudice to this general right and our other legal rights, if you breach this Acceptable Use Policy in any way, or if we reasonably suspect that you have breached this Acceptable Use Policy in any way, we may:
a) delete or edit any of your Data Files;
b) send you one or more formal warnings;
c) temporarily suspend your access to a part or all of the Application; and/or
d) permanently prohibit you from using a part or all of the Application or Data Files.
7. BANNED USERS
Where we suspend or prohibit your access to the Application or a part of the Application, you must not take any action to circumvent such suspension or prohibition (including, without limitation, using a different account).
Have a question? Email firstname.lastname@example.org.