Acceptable Use Policy

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1. Scope

This Acceptable Use Policy (“Policy”) applies to customers’ use of the platform offered by FourKites, Inc. (“FourKites”).

2. Effective Date of this Policy: December 2017

3. Changes to Policy

FourKites may change this Policy by posting an updated version of the Policy at https://www.fourkites.com/acceptable-use-policy and such updates will be effective upon posting.

4. Violations

A customer’s violation of this Policy will be considered a material breach of the agreement governing the customer’s use of the platform.

5. Prohibited Material

Customers may not, and may not allow any third-party, including its users, to use the platform to display, store, process or transmit, or permit use of the platform to display, store, process or transmit:

  • Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
  • Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
  • Obscene, excessively profane material or otherwise objectionable material;
  • Material advocating or advancing criminal hacking, cracking, or phishing;
  • Material related to illegal drugs or paraphernalia;
  • Malicious material or code (e.g., viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information);
  • Unlawful software; or
  • Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.

6. Prohibited Actions

Customers may not use the platform to, nor allow its users or any third-party to use the platform, to:

  • Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes, but is not limited to:
    • sending communications or email in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation;
    • imitating or impersonating FourKites, another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining or harvesting any web property (including any external-facing portion of the platform) to find email addresses or other user account information;
    • sending unauthorized mail via open, third-party servers;
    • sending email to users who have requested to be removed from a mailing list;
    • selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or
    • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
  • Send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Conduct or forward multi-level marketing, such as pyramid schemes and the like;
  • Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti- spam, telemarketing or telephone consumer protection laws or regulations;
  • Use the platform in any manner that violates any applicable industry standards, third-party policies, or requirements that FourKites may communicate to its users;
  • Transmit material that may be harmful to minors;
  • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Impersonate another person, entity or FourKites (via the use of an email address or otherwise) or otherwise misrepresent oneself or the source of any email;
  • Violate the rights (such as rights of privacy or publicity) of others;
  • Promote, facilitate or encourage illegal activity;
  • Interfere with other users’ enjoyment of the platform;
  • Engage in activity in connection with illegal peer-to-peer file sharing;
  • Engage in or promote gambling, or run a gambling operation;
  • “Mine” bitcoins and other cryptocurrencies;
  • Sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia;
  • Access (including through any interfaces provided with the platform), any FourKites product or service, or other platform, service, or website, in a manner that violates the terms for use of or access to such platform, service, or website;
  • Operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any end user or third party-supplied Internet host;
  • Perform significant load or security testing without first obtaining FourKites’s written consent;
  • Remove any copyright, trademark, or other proprietary rights notices contained in or on the platform or reformat or frame any portion of the web pages that are part of the platform’s administration display;
  • Access a third-party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive; or
  • Use the platform in any manner that would disparage FourKites.

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