Vindicia Acceptable Use Policy

1      This Vindicia acceptable use policy (this “AUP”) describes prohibited uses of the software-as-a-service and other services (collectively, the “Services”) offered by Vindicia, Inc. and its affiliates (collectively, “Vindicia”). The examples described in this AUP are not exhaustive. Vindicia may modify this AUP at any time by posting a revised version at www.vindicia.com (the “Site”). By using the Services or accessing the Vindicia Site, you agree to the latest published version of this AUP. If you violate the AUP or authorize or help others to do so, Vindicia may, in its sole discretion, suspend or terminate your use of the Services.

2      No Illegal, Harmful, or Offensive Use or Content. You may not use, or encourage, promote, facilitate or instruct others to use, the Services or the Vindicia Site 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:

·      Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.

·      Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.

·      Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

·      Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, timebombs, or cancelbots.

3      No Security Violations. You may not use the Services 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:

·      Unauthorized Access. 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.

·      Interception. Monitoring of data or traffic on a System without permission.

·      Falsification of Origin. 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.

4       No Network Abuse or Use of Services Outside of Permitted Norms. You may not (a) make network connections to any users, hosts, or networks unless you have permission to communicate with them, and (b) use the Services except in accordance with permitted norms and in accordance with documentation provided by Vindicia. Prohibited activities include:

·      Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

·      Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

·      Intentional Interference. 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.

·      Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

·      Exceeding System and Services Restrictions. Using manual or electronic means to avoid any use limitations placed on a System or the Services, such as concurrent requests, including, without limitation:

°       Total Concurrent Services Requests – merchants shall not exceed a total of 75 concurrent requests unless they are revenue generating. (e.g., create transaction processing requests).

°       Some requests require a large amount of processing or data transfer. The following additional concurrent limits apply to such requests:

•       Front office Non-Revenue Generating Services Requests – merchants shall not exceed 65 concurrent non-revenue-generating requests (e.g., payment queries, account queries etc.)

•       Back_office Non-Revenue Generating Services Requests – merchants shall not exceed 10 concurrent non-revenue-generating requests (e.g., reporting queries).

 

5      Monitoring and Enforcement. Vindicia reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of the Services or the Vindicia Site. Accordingly, Vindicia may:

·      Investigate violations of this AUP or misuse of the Services or the Vindicia Site; or

·      Remove, disable access to, or modify any content or resource that violates this AUP or any other agreement Vindicia has with you for use of the Services or the Vindicia Site.

·      Implement throttling for concurrent service requests exceeding system and service restrictions.

·      Report any activity that Vindicia suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. Vindicia 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 AUP.

6      Your Obligation to Report of Violations of this AUP. If you become aware of any violation of this AUP, you will immediately notify Vindicia and provide Vindicia with reasonable assistance, as requested, to stop or remedy the violation.