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Acceptable Use Policy

This Kitecyber Acceptable Use Policy (this “Policy”) describes prohibited uses of the cloud-based services offered by Kitecyber (the “SaaS Offerings”) to  you (a “Customer”). The examples described in this Policy are not exhaustive. Kitecyber may modify this Policy at any time by posting a revised version.  By accessing or using the SaaS Offerings, Customer agrees to the latest version of this Policy. If Customer violates the Policy or authorizes or  helps others to do so, Kitecyber may suspend or terminate Customer’s use of the SaaS Offerings. 

No Illegal, Harmful, or Offensive Use or Content 

Customer may not access, use, or authorize, encourage, promote, facilitate or help others to use, the SaaS Offerings for any illegal, harmful,  fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent,  infringing or offensive. Prohibited activities or content include any activities that are illegal, that violate the rights of others, or that can be harmful to  others, or Kitecyber’s operations or reputation; content that infringes or misappropriates the intellectual property or proprietary rights of others; content  that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; or content or other computer technology that can damage,  interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, spyware  or cancelbots. 

No Security Violations 

Customers may not use the SaaS Offerings 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 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;  monitoring of data or traffic on a System without authorization; or forging TCP-IP packet headers, e-mail headers, or any part of a message  describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision. 

No Network Abuse 

Customer may not make network connections to any users, hosts, or networks unless Customer has permission to communicate with them.  Prohibited activities include monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; inundating a target  with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; 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; operating network services like open proxies, open mail relays, or open recursive domain name servers; or using  manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions, or to avoid incurring fees. 

No E-Mail or Other Message Abuse 

Customer must not access or use the SaaS Offerings to 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 announc ements. Customer will  not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Customer 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. 

Kitecyber’s Monitoring and Enforcement & Violations of this Policy 

Kitecyber reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the SaaS Offerings. Kitecyber may  investigate violations of this Policy or misuse of the SaaS Offerings; or remove, disable access to, or modify any content or resource that violates  this Policy or any other agreement Kitecyber has with Customer for use of the SaaS Offerings. 

Kitecyber may report any activity that Kitecyber suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other  appropriate third parties. Kitecyber’s reporting may include disclosing appropriate Customer information or content. Kitecyber 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. 

If Customer becomes aware of any violation of this Policy, Customer must immediately notify us and provide Kitecyber with assistance, as requested, to  stop or remedy the violation. 

CUSTOMER AGREES TO HOLD KITECYBER HARMLESS FROM AND AGAINST, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE  LAW) ANY CLAIMS CUSTOMER MAY HAVE AGAINST KITECYBER RESULTING FROM ANY DISCLOSURE, INVESTIGATION OR ACT OR  OMISSION OF KITECYBER IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INSPECTION AS DESCRIBED IN THIS POLICY.