Pivotus Acceptable Use Policy for Cloud Offerings

This Pivotus Acceptable Use Policy for Cloud Offerings (the “Policy”) describes prohibited uses of the cloud-based services offered by Pivotus Ventures, Inc. (the “Pivotus Services”). The examples described in this Policy are not exhaustive. Pivotus Ventures, Inc. may modify this Policy at any time by posting a revised version. By accessing or using the Pivotus Service, Customer agrees to the latest version of this Policy. If Customer violates this Policy or authorizes or assists others in doing so, Pivotus, may suspend or terminate Customer’s use of the Pivotus Service without prior notice.

1. ILLEGAL, HARMFUL OR OFFENSIVE USE OF CONTENT

Customer may not access, use, or authorize, or encourage or facilitate the use by others of the Pivotus Service for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive, such as defamatory, infringing, fraudulent, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, content containing any material that encourages conduct that could constitute a criminal offense, or that violates the intellectual property rights or rights to the publicity or privacy of others. Customer may not harass or interfere with another user's full use and enjoyment of any part of the Pivotus Ventures, Service.

2. SECURITY VIOLATIONS

Customer may not access or use the Pivotus Service to violate the security, integrity or policies of any network, computer or communications system, or any other software application (individually and collectively a “Service,”) including but not limited to:

(a) accessing or using any Service without permission,

(b) attempting to probe, scan or test the vulnerability of a Service or to breach any security or authentication mechanisms used by a Service.

(c) integrating directly with any application programming interface (API) not officially supported by Pivotus without prior written permission from Pivotus Ventures, Inc.

3. NETWORK ABUSE

Customer must not: damage, disable, overburden, or impair the Pivotus Service (or any network connected to the Pivotus Service); resell or redistribute the Pivotus Service or any part of it without prior written permission from Pivotus Ventures, Inc.; use any unauthorized means to modify, reroute, or gain access to the Pivotus Service or attempt to carry out these activities. Customer will not store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.

4. EMAIL OR MESSAGE ABUSE

Customer will not access or use the Pivotus Service to distribute, publish, send or facilitate the sending of unsolicited mass email or other messages, promotions, advertising or solicitations, including informational announcements.

5. VIOLATIONS OF THIS POLICY

Pivotus reserve the right, but Pivotus does not have the obligation, to investigate any violation of this Acceptable Use Policy, the relevant Terms of Service for the applicable Pivotus Service or any misuse, or potential misuse of the Pivotus Service. Pivotus may remove, disable access to or modify any content or resource that violates this Policy or any other agreement between Customer and Pivotus. Without notice to Customer (unless required by law), Pivotus may report any activity that Pivotus suspects violates any law or regulation to appropriate law enforcement authorities, regulators or other appropriate third parties. If Customer becomes aware of any violation of this Acceptable Use Policy, Customer must immediately notify Pivotus and provide Pivotus with reasonable assistance, as Pivotus requests, to stop or remedy the violation. CUSTOMER AGREES TO HOLD PIVOTUS, INC. HARMLESS FROM AND AGAINST, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY CLAIMS CUSTOMER MAY HAVE AGAINST PIVOTUS, INC. RESULTING FROM ANY DISCLOSURE, INVESTIGATION OR ACT OR OMISSION OF PIVOTUS, INC. IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INSPECTION AS SET FORTH IN THIS ACCEPTABLE USE POLICY.

Document Control:

Version 1.0
Released for use 2018-August-01
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