Acceptable Use Policy

ACCEPTABLE USE POLICY

Last Updated December 3, 2013

TERMS OF SERVICE/ACCEPTABLE USE POLICY

GENERAL

This Acceptable Use Policy (“Highspot AUP”), including without limitation the following list of prohibited uses described in Prohibited Uses section (“Prohibited Uses”), governs the use of the software, hosting services, cloud services and other offerings (the “Offerings”) made available by Highspot, Inc. and/or its suppliers, affiliated companies and subsidiaries (“Highspot”). This Highspot AUP is an integral part of your agreement with Highspot and incorporated by reference into the terms pursuant to which we provide you the right to access and use our Offerings. The purpose of this Highspot AUP is to delineate the type of actions and content that are contrary to our mission and philosophies as well as to ensure that your use of our Offerings is in compliance with applicable laws, rules and regulations.

USER CONDUCT

This Highspot AUP is intended to protect the Offerings, employees and customers of Highspot, and any end-users from improper, inappropriate, abusive or illegal activity. The prohibited uses described in Section 4 below are intended as general guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list.

USAGE DATA

Highspot may, from time to time, collect, store, use and report on any access to and use of the Licensed Product by Customer and/or others for its own internal business purposes, including, without limitation, in order to enhance and improve the Licensed Product and other Highspot products and services. Highspot will not review, share or distribute any Customer Data except as necessary to provide, enhance and/ or improve the Licensed Product or as required by law.

PROHIBITED USES.

The Offerings may not be used for any of the following purposes:

  1. Transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation. This prohibition includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  2. Sending Unsolicited Bulk Email (“UBE” or “spam”). The sending of any form of UBE through the Solution or Services advertising a web site, landing page, email address or utilizing any Highspot resources, is prohibited.
  3. Solicitation of a customer from, or to collect replies to messages sent from, another Internet Service Provider where those messages violate this Highspot AUP or terms of service of any such provider.
  4. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Highspot customers must be closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.

Our Offerings may not be used to violate system or network security; such behavior may result in criminal or civil liability. You may not engage, without limitation, in the following activities:

  1. Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
  2. Engaging in any activities or behavior that may interfere with the ability of others to access or use the Solution, Services or the Internet or that is likely to result in retaliation against the Highspot Solution or Services, Highspot’s employees, officers or other agents, including anything that results in any server being the target of a denial of service attack.
  3. Monitoring any data, information or communications on any network or system not owned by you without authorization.
  4. Gaining unauthorized access to the user accounts or passwords of other users of any system or network.
  5. Attempting to intercept, redirect or otherwise interfere with communications intended for others.
  6. Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or “spyware” programs.
  7. Uploading and storing information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act is prohibited. Uploading non-public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security, tax ID or similar numbers, bank, checking, credit card, debit card, or other financial account numbers, and financial or health information.
  8. Unauthorized attempts to gain access to an account or computer not belonging to you, or purposely altering or forging your identity to gain such access. Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception is prohibited. Impersonating someone else by altering your source IP address or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying your identity in connection with any use of the Solution or Services is prohibited.
  9. Load testing, probing, scanning, penetration or vulnerability testing of the Services or environment, including without limitation the Hosting Services, to test scalability.
  10. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
CUSTOMER RESPONSIBILITIES

You are responsible for the activities of your end-users and you will ensure that your agents or representatives and end-users abide by this Policy. To the extent legally permissible, complaints about your agents, representatives, and end-users will be forwarded to Customer’s administrator for action. If violations of the Policy occur, we reserves the right to suspend the Offering or take action to stop the offending action from violating Highspot’s Policy as Highspot deems appropriate.

COOPERATION WITH INVESTIGATIONS

Our policy is that we will not disclose your data to any third party without your express written consent unless we are required to do so under applicable laws. Nevertheless, Highspot will cooperate with appropriate law enforcement and other governmental agencies and other parties involved in investigating claims of illegal or inappropriate activity, and shall have no liability to you or any third party for any actions taken in connection with such cooperation. You must assist us in these matters when requested.

NOTIFICATION OF VIOLATION

If you become aware of any violation of this Highspot AUP by any person, including end-users or third parties, you must immediately notify Highspot via e-mail at legal@highspot.com, or through your designated Account Manager at Highspot.

CONTACT US

If you have questions or concerns related to this Acceptable Use Policy please contact Highspot by emailing legal@highspot.com.