Last Updated: September 7, 2023
This Watermark Insights, LLC and its affiliates (collectively, “Watermark”, “we” or “our”) Acceptable Use Policy (the “AUP”) is intended to foster responsible use of Watermark’s infrastructure, networks, cloud-based offerings, systems, services, websites, facilities and products (collectively, the “Watermark Infrastructure and Services”) by our customers, their end users, or other authorized visitors (“Users”). Users consent to be bound by the terms of this AUP. Watermark reserves the right to modify this AUP at its discretion at any time. Modifications will be effective when posted and Users are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on each User. Users’ use of the Watermark websites after we make modifications constitutes acceptance of our modifications.
This AUP governs your access to and use of the Watermark Infrastructure and Services.
SUSPENSION; TERMINATION
If Watermark determines that any User has violated any portion of this AUP, Watermark may terminate the Users use of the website. Watermark will suspend service for violation of the AUP on the most limited basis as Watermark determines is reasonably practicable under the circumstances to address the underlying violation. Watermark will attempt to notify User prior to suspending service for violation of the AUP (which may be via email or any other notification). However, Watermark may suspend service without notice if Watermark becomes aware of a violation of this AUP or any applicable law or regulation that exposes Watermark to criminal or civil liability, or that exposes Watermark or any third- party property to harm. Harm may include, but is not limited to, risk of having one or more IP addresses placed on blacklists. Watermark may take any further action as Watermark deems appropriate under the circumstances to eliminate or preclude repeat violations. Watermark is not liable for any type of damages that Users or third parties may suffer resulting in whole or in part from Watermark’s exercise of its rights under this AUP. This exclusion of liability does not include Watermark’s liability for death or personal injury caused by its negligence, or any other liability that Watermark cannot exclude or limit by law.
PROHIBITED CONDUCT
Users may only use the Watermark websites for their intended purpose. Users must not use the Watermark websites for any unlawful purposes. Users must not use the Watermark websites to transmit, distribute or store content: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Watermark websites or other Watermark customers; or (c) that may expose Watermark to criminal or civil liability. Users must not use the Watermark websites to transmit, distribute or store material that is inappropriate, as reasonably determined by Watermark, or material that is obscene (including pornography), defamatory, libelous, threatening, abusive, hateful, racially, or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), or otherwise objectionable. Material accessible through or contained within the Watermark websites may be subject to protection under privacy, data protection or confidentiality laws and may contain intellectual property rights owned by Watermark or third parties. The intellectual property may include, but is not limited to, copyright, patents, trademarks, trade names, trade secrets or other proprietary information. Users must not use the Watermark websites in any manner that would infringe, dilute, misappropriate, breach, or otherwise violate any of these rights or laws. Users are responsible for ensuring that they have all necessary rights and licenses for all content that they place on the Watermark websites. Users must fully indemnify Watermark with respect to any claims by third parties brought against Watermark based on an allegation that User failed to comply with its obligations under this paragraph. Users must not use the Watermark websites to transmit, distribute, or store material that may be harmful to or interfere with the Watermark websites or any third party’s networks, systems, services, or web sites. Malicious content includes, but is not limited to, viruses, worms, and Trojan horses. Users must not use the Watermark websites to conduct activities that may be harmful to or interfere with the Watermark websites or any third party’s networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Watermark websites or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information-gathering activity. Inappropriate activity may result in civil or criminal liability.
Watermark may investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity. Users must not use the Watermark websites to collect, process, or store, or attempt to collect, process or store, personal data relating to any third parties in violation of applicable law. If Users collect third party personal data, then Users must comply at all times with applicable data protection laws and regulations. Users must not use the Watermark websites to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email (“spam”), or emails intended to harass or annoy others. Further, Users must not use the service of another provider to send spam to promote a website hosted on or connected to the Watermark websites. Watermark has no responsibility for any User-provided content or content that User may access on or through the Watermark websites. Watermark is not obligated to monitor or exercise editorial control over that content. If Watermark becomes aware that any content may violate this AUP, expose Watermark to civil or criminal liability, or both, then Watermark may block access to that content and suspend or terminate provision of the Watermark websites to any User creating, storing, or disseminating such material. Watermark may also cooperate with legal authorities and third parties in any investigation of alleged wrongdoing. Watermark requests that any person who becomes aware of a violation of this AUP reports this information to Watermark by email to privacy@watermarkinsights.com. Watermark may take any appropriate action as it reasonably deems appropriate in its sole discretion in respect of such violations.