Acceptable Use Policy (AUP)
Updated May 15, 2015
This Acceptable Use Policy (“AUP”) is part of the Terms and Conditions between Customer and Avalara (the “Terms”).
Customer’s services may be suspended or terminated for violation of this AUP, as further specified in the Terms.
Capitalized terms used in this AUP have the meaning given in the Terms.
1. Use of the Services
Customer may not:
- Interfere or attempt to interfere in any manner with the functionality or proper working of the Services;
- Upload to the Avalara Technology, or use the Services to store or transmit material in violation of third-party privacy rights;
- Upload to the Avalara Technology, or use the Services to store, transmit, or distribute any malware. Malware means programming (code, scripts, active content, and other software) that is designed to disrupt or deny operation, gather information that leads to loss of privacy or exploitation, or gain unauthorized access to system resources, or that otherwise exhibits abusive behavior. Malware includes computer viruses, worms, trojan horses, spyware, adware, scareware, crimeware, rootkits, or other malicious or unwanted software or programs;
- Interfere with or disrupt the integrity or performance of the Services or third-party data stored or processed with the Services or attempt to gain unauthorized access to the Services or their related systems or networks;
- Attempt to probe, scan, penetrate or test the vulnerability of a Avalara system or network, or to circumvent, avoid or breach Avalara’s security or authentication measures, whether by passive or intrusive techniques, or by social engineering, without Avalara’s express prior written consent.
2. Shared Resources
Customer may not use Avalara systems, networks or technology in a way that unnecessarily interferes with their normal operation, or that consumes a disproportionate share of their resources. For example, Avalara may require Customer to repair coding abnormalities in your integration code if it unnecessarily conflicts with other customers’ use of Avalara resources. Customer agrees that Avalara may quarantine or delete any data stored on Avalara’s systems or networks if the data is infected with any malware, or is otherwise corrupted, and has the potential to infect or corrupt Avalara systems, networks or technology or other customers’ data that is stored or accessed via Avalara systems, networks or technology. Customer will comply with any written security or network access requirements that Avalara provides to Customer in connection with your use of the Services.
3. Other Networks
Customer must comply with the rules of any other network its accesses or participates in when using the Services.
Customer may not use Avalara’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Interference with service to any user of the Avalara or other network through a Denial of Service attack;
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Collecting or using information without the consent of the owner of the information;
- Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
- Use of the Services to distribute software that covertly gathers information about a user or covertly transmits information about the user; or
- Any conduct that is likely to result in retaliation against the Avalara network or website, or Avalara’s employees, officers or other agents, including engaging in behavior that results in any Avalara Service or Service Provider being the target of a denial of service attack (DoS).
5. Offensive Content
Customer may not publish, transmit or store on or via Avalara’s network, Services, or Service Providers any content or links to any content that Avalara reasonably believes:
- Is obscene;
- Contains harassing content or hate speech, or is violent, incites violence, or threatens violence;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction;
- Is defamatory or violates a person’s privacy;
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, is contrary to applicable law, or interferes with a investigation by law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary information of another person;
- Is intended to assist others in defeating technical copyright protections;
- Infringes on another person’s copyright, trade or service mark, patent, or other property right, or violates any privacy right;
- Is illegal or solicits conduct that is illegal under laws applicable to you or to Avalara; or
- Is otherwise malicious, fraudulent, or may result in retaliation against Avalara by offended viewers or recipients.
Customer will not be entitled to any credit or other compensation for any interruptions of service resulting from AUP violations.