Effective 15 March 2019
Overview and Changes to this Policy
We’re constantly trying to improve our Services, so we may need to change this Acceptable Use Policy from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Acceptable Use Policy have been posted, that means you agree to all of the changes.
This Acceptable Use Policy (the “Policy”) applies to all users of the services provided by 4IQ, Inc. (the “Services”). This Policy prohibits uses and activities involving the Services that are illegal, infringe the rights of others, interfere with or diminish the use of the Services by others, are non-compliant with the applicable laws and regulation or otherwise adversely affect the Services or 4IQ. If you violate this Policy, we may suspend or terminate your account. We may also suspend or terminate accounts where we see behavior, content, or other factors that pose a threat to our system. If you are using the Services on behalf of an end user customer, you are responsible for such end user’s use of the Services and you agree, and shall cause the end user customer to agree, to use the Services in accordance with this Policy.
The Services do not constitute a “consumer report” for purposes of the Fair Credit Reporting Act (“FCRA”). You may not use the Services in whole or in part as a factor in determining consumer eligibility for credit, insurance, employment, tenancy, or any another FCRA purpose.
Usage Limits and Restrictions
You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations.
Our Services display some content that is not 4IQ’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
When you use the Services, you must not do any of the following:
Conduct and information restrictions
- Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- Obtain, export, move or copy any data, information or material you do not have the right to, or which was obtained using the Service for unlawful purpose;
- Attempt, in any manner, to obtain the password, account, or other security information from any other user in order to access Services;
- Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity; and/or
- Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”).
- Use extreme bandwidth capacity in a way that threatens our infrastructure;
- Upload viruses or malware or attempt to overload the system with email or traffic;
- Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- Copy, distribute, or sublicense any proprietary software provided in connection with the Services;
- Distribute programs that make unauthorized changes to software (cracks);
- Alter, modify, or tamper with the Service or permit any other person to do the same who is not authorized by 4IQ; and/or
- Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
Network and usage restrictions
- Restrict, inhibit, or otherwise interfere with the ability of any other entity, to use the Service, including posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation to the Service or any 4IQ (or 4IQ supplier) host, server, backbone network, node or service; or
- Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
General Data Protection Regulation
We acknowledge and agree that if and to the extent any user is subject to GDPR as a controller or processor with respect to any personal data processed by 4IQ in connection with any user access to or use of 4IQ materials including without limitation through any Monitoring API, Enrollment API or Search API (in each such case “GDPR Data“, which for the avoidance of doubt includes all user data), we shall process the GDPR Data as a processor or a subprocessor for and on behalf of the user, and such processing shall be governed by terms of the contract agreed to or in the event the contract is silent on those terms, generally accepted practises by 4IQ.
Upon clicking through, the user acknowledges that it is compliant with all obligations that apply to it under GDPR. The user shall, in its use of the Services, at all times process personal data, and provide instructions for the processing of personal data, in compliance with GDPR. User shall ensure that its instructions comply with all laws, rules and regulations applicable in relation to the personal data, and that the processing of personal data in accordance with user’s instructions will not cause 4IQ to be in breach of GDPR. User is solely responsible for the accuracy, quality, and legality of (i) the personal data provided to 4IQ by or on behalf of the user, (ii) the means by which the user acquired any such personal data, and (iii) the instructions it provides to 4IQ regarding the processing of such personal data. User shall not provide or make available to 4IQ any personal data in violation of any agreement it has with 4IQ or otherwise inappropriate for the nature of the Services, and shall indemnify 4IQ from all claims and losses in connection therewith.