This Acceptable Use Policy (this “AUP”) sets forth certain restrictions relating to the access to, and use of, our Service by you or someone on your behalf under your Watershed Informatics Software-as-a-Service License Agreement (the “Agreement”).
The restrictions set forth in this AUP are not exhaustive. Any capitalized terms used but not defined herein shall have the meaning set forth in the Agreement.
We may update this AUP from time to time upon reasonable notice, which may be provided by posting an updated version of this AUP. Updates of the AUP become binding, including on existing users, on the later of the date specified in the updated AUP or thirty (30) days after posting. Any modification to the AUP within an update will relate solely to restrictions on use of, and access to, our Service. Any violation of this AUP may result in the suspension or termination of your access to and use of the Service.
To access and use any features of the Service, you are required to use a login account that we provision for you (“Your Account”). You must provide true, accurate, current, and complete information, that we need to provision Your Account, and you agree to update the account information to ensure that it is current.
As a condition of Your Account being provisioned for you, you represent that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) agree to be bound by the terms of the Agreement, (iii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iv) are not a resident of any country subject to an embargo under U.S. Law (including, Cuba, Iran, North Korea, Sudan or Syria).
You are responsible for maintaining the confidentiality of your passwords and for all of your activities and those of any third party that occur through Your Account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of Your Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your passwords.
You shall not (and shall not permit End Users to):
a. distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service in any unauthorized manner, including but not limited to by trespass or burdening network capacity;
b. use the Service in any service bureau arrangement;
c. copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Service, in whole or in part, or any updates to the Service in any form or manner or by any means;
d. harvest or scrape any content or data, other than your Customer Data, from the Site;
e. interfere with or disrupt (or attempt to interfere with or disrupt) the Service, or gain (or attempt to gain) access to any systems or infrastructure that connect thereto (except as required to appropriately access and use the Service);
f. use the Service to violate the security or integrity of, or otherwise abuse, any system or infrastructure of any party;
g. use the Service to engage in or promote any other fraudulent, deceptive or illegal activities;
h. use the Service to process, store or transmit material, including any Customer Data, in violation of any law or any third party rights, including without limitation privacy rights;
i. disclose to any third party the results of any testing or benchmarking of the Service that you might conduct unless preapproved by us in writing;
j. use the Service in any circumstances where failure could lead to death, personal injury or environmental damage, and you further acknowledge that the Service is not designed or intended for such use; or
k. permit any third party to engage in any of the acts described in clauses (a) through (j)
We reserve the right to monitor use of the Site, and to investigate and take appropriate legal action against any party that uses the Service in violation of this AUP or applicable law. We reserve the right to accept, or reject any Customer Data submitted to the Service, but assume no liability based on its acceptance, or rejection. If any term or provision of this AUP is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of this AUP or this AUP as a whole, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this AUP. In the event of any conflict or inconsistency between this AUP and the Agreement, the terms of the Agreement will control.