Date: February 2nd, 2023
ABOUT THIS POLICY
The Policy sets out Customers’ responsibilities when using our Service and confirms the steps we may take to ensure and monitor compliance with this Policy. This Policy applies to all Customers and any users of our Service. Your use of our Service constitutes acceptance of the terms of this Policy.
- Customers must ensure that any use of our Service is lawful and it is their sole responsibility to determine what constitutes legal use in their particular jurisdiction. While we can provide general informational guidelines, we are not a law firm, so your reliance on any information provided by us is at your own risk. Seek independent legal counsel.
- All Customers agree they will not use, attempt to use or allow the Service to be used for any unlawful or malicious purpose. Every Customer is responsible for their use of our Service, network and the operation of any systems or applications accessed or used with our Service. Customers are responsible for any content stored, sent, accessed or distributed on or via our Service and systems.
- Any act that endangers any person or risks endangering or compromising the security or effective operation of our network, or any of our systems or equipment (or the network, systems or equipment of our suppliers), may mean access to the Service will be restricted, suspended or terminated.
- When using the Service, we may require users to comply with rules imposed by a third party from which you access content. Where a supplier or third party provider considers one of our Customers is in breach of this Policy, they may require we prevent the relevant Customer continuing to breach this Policy.
- The law requires us to comply with law enforcement or other lawful requests at any time without notice to Customers.
Further to the general responsibilities set out above, all Customers agree they will not use, attempt to use or allow their account to be used:
- To breach any law, industry code or standard;
- In any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
- In any way that may damage or disrupt another user’s computer;
- For the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
- To transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
- As a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
- In a manner which constitutes a violation or infringement of any person’s or company’s rights (including, but not limited to, rights of copyright or confidentiality);
- To transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
- To create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an ActivTrak employee, manager, host or another user; or
- To transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages. However, we do not control the content posted via your, or other user’s, account on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.
- To disguise the origin of a use or communication; to access, monitor or use any data or traffic on any systems or networks without authority;
- To authorize, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
- To access or search any part of the Activtrak by any means other than our publicly supported interfaces as outlined in our Knowledge Base (for example, “scraping” or private API usage);
- To use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the ActivTrak service in a manner that sends more request messages to ActivTrak servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
- To tamper with or reverse-engineering ActivTrak services, circumvent any security or authentication measures or attempt to gain unauthorized access to the services, related systems, networks, or data;
We work hard to maintain ActivTrak’s reputation, but we rely on you, our users, to do the right thing in practice. You absolutely may not:
- Install the ActivTrak Tracking Agent on any device you or your company does not own, and without prior consent of the device user.
- Monitor device usage for the purposes of learning personal information about the device user without their permission.
- Install ActivTrak’s Agent with the intention to stalk or spy on the device user without their permission.
- Install the ActivTrak Agent on a public computer which you or your company does not own, or have full legal, administrative rights to.
- Installing ActivTrak on any device without the device owner’s knowledge and consent.
- Installing ActivTrak on a computer you own.
- Installing ActivTrak on a computer that you do not own if the owner consents. It is your sole responsibility to determine what constitutes legal use in your particular jurisdiction. Seek independent legal counsel.
- Installing ActivTrak on your school’s owned computers, where you or your school has full legal, administrative rights. Students are not allowed to Install ActivTrak on their school’s devices without authorization from staff or teachers.
LIMITATION OF LIABILITY
Customers acknowledge that:
- We are not responsible for the content of the Service;
- Customer is solely responsible for Customer’s use of the Service;
- We are not liable for any unsolicited or unwelcome information disseminated via the Service;
Customers are responsible for providing, configuring or maintaining any equipment or software they need to access the Service, as well as for the security and integrity of Customer’s data except where we have agreed to provide and manage certain equipment or software.
REMEDIES FOR BREACH
We may request you modify your use of the Service if we believe that a breach of this Policy has occurred.
We reserve the right to take one or more of the following actions:
- Suspend access to the Service indefinitely or for a specific period;
- Terminate access to the Service and refuse to provide the Service to the Customer or their associates in the future;
- Inform appropriate government and regulatory authorities of suspected illegal or infringing conduct;
- Delete or edit any of the Customer’s data;
- Override any attempt by the Customer to breach this Policy; and
- Take any other action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.
We may also take any of the above steps if directed to do so by a regulatory or other law enforcement body.
We may update this Policy from time to time. Your continued use of Service following such update will constitute acceptance of the changes.
REPORT A BREACH
You can report a suspected breach of this Policy by sending an email to firstname.lastname@example.org.