Exhibit B to the Master Services Agreement
Last Updated: July 18, 2023
This Customer Acceptable Use Policy (CAUP) governs how the Customer and its Authorized Users may access and use MotivIT Services (including the Subscribed Services and Documentation). This CAUP is a description of the types of activities that are not permitted in connection with the use of the MotivIT Services, including with respect to any associated Third Party Agreement.
The CAUP applies to all Authorized Users and the Customer is responsible for violations by its Authorized Users. This CAUP may be updated periodically to comply with applicable laws and regulations. CAUP updates will be communicated to the Customer via email. By utilizing the MotivIT Services, the Customer acknowledges and agrees to the most recent version of CAUP.
The Customer and Authorized Users are only authorized to Use and access the Subscribed Services and Documentation for the specified purpose in accordance with the terms of the Agreement, and any Use of MotivIT Services must also comply with the terms of the Agreement.
Customer must ensure that all of its Authorized Users are aware of, and agree to comply with, the terms of this Customer Acceptable Use Policy when accessing or using MotivIT Services. Should any person not accept the terms of this Acceptable Use Policy, the Customer Group must ensure that they do not use MotivIT Services.
Customer and its Authorized Users will not Use the MotivIT Services for any purpose that is unlawful or otherwise prohibited by this CAUP. Nor will they use them in any manner that could damage, disable, overburden, or impair the MotivIT Services, the Infrastructure, or any associated connected network, or interfere with any other party's use and enjoyment of any MotivIT Services.
Customer will not attempt to gain unauthorized access to the MotivIT tools, other accounts, computer systems, or networks connected to any Third Party Infrastructure or to any MotivIT Services, through hacking, password mining, or any other means.
Customer will not obtain, or attempt to obtain, any materials or information through any means not made available to the Customer through its Subscription, including Documentation.
Customer will not attempt to copy or change, alter, or otherwise attempt to modify the MotivIT Services.
Customer will not use, facilitate or allow others to use the MotivIT Services:
(i)for any illegal or fraudulent activity;
(ii)in any manner that disrupts the operations, business, equipment, websites or systems of MotivIT or any other person or entity (including any denial of service and similar attacks);
(iii)to attempt to circumvent any security controls or mechanisms, including any password or user authentication methods;
(iv)to simulate communications from MotivIT or another service or entity in order to collect identity information, authentication credentials, or other information (i.e., phishing);
(v)to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e., spam);
(vi)to represent or suggest that MotivIT endorses any other business, product, or service unless MotivIT has separately agreed to do so in writing;
(vii)to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network, or computing device;
(viii)to violate the rights of others;
(ix)to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm; or
(x)in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in the Agreement
5.1. Customer Contact Information
Customer is responsible for ensuring their contact information is up-to-date and accurate.
5.2. Lawful Use of Software Service
Customer will not use MotivIT Services if Customer or its Authorized Users are legally prohibited from using the MotivIT Services under the laws of the country in which Customer or Authorized Users are resident, or from which Customer or Authorized Users Use the MotivIT Services.
5.3. Third-Party Infrastructure Policies
Customer shall ensure its awareness and compliance with the applicable use policies of the relevant Third Party Provider for the MotivIT Services. Customer’s awareness and compliance with those Third-Party Provider policies is an obligation of Customer under this CAUP, and any violation is a violation of this CAUP.
Customer will not use the MotivIT Services in a way that impacts the normal operation, privacy, integrity, or security of “Another's Property” (that is, accounts, domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, or business operations), including, but not limited to, disabling or in any way impeding required consumption metric monitoring).
Customer will not use the MotivIT Services to gain, intentionally or unintentionally, unauthorized access to, use, monitor, or make an unauthorized reference to, Another’s Property.
Customer will not use the MotivIT Services to hack, spoof, attempt or effect denial of service, mail bomb, and/or send any email that transmits, contains, or embeds, any virus or propagating worm, or any malware, whether that is spyware, adware or other similar file or program.
5.7. Customer Data, Content, Information, and Other Data Used Within the Software Service
Customer is solely responsible for ensuring its Customer Data, including data and information Authorized Users insert, upload, download, generate, capture, relay or in any way transmit or store, on, through the use of MotivIT Services, does not constitute an infringement of a third party right or is in conflict with applicable law.
MotivIT reserves the right to review materials posted to any Communication Service, and to remove such materials at its discretion. Customers are advised to exercise caution when sharing personally identifiable information in any Communication Service. MotivIT does not control or endorse the content, messages, or information found in any Communication Service, and as such, MotivIT expressly disclaims any liability with respect to the Communication Service, and any actions resulting from Customer’s participation in any Communication Service.
If Customer knows of, or suspects, a violation of this CAUP, Customer will promptly report the violation to MotivIT at servicedesk@motivit.com. MotivIT will investigate all reports and will respond appropriately and maintain confidentiality. MotivIT has the right to investigate any suspected violation of the CAUP and remove or disable access to any content or resource that violates this CAUP. The Customer will cooperate with MotivIT to remedy any violation. When determining whether there has been a violation of this CAUP, MotivIT may consider the Customer’s ability and willingness to comply with this CAUP, including the published policies and demonstrated processes it has in place to prevent or identify and remove any prohibited content or activity.
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