Acceptable Use Policy
Effective as of 1/1/2023
Index
1. System and Network Activities
2. Email and Communications Activities
4. Reporting of Violations of this Policy
Introduction
This Acceptable Use Policy (this "Policy") describes prohibited uses of the services (the “Services”) offered by Kandy and its affiliates (individually and collectively “Kandy”) and the website located at https://www.kandy.io (the "Kandy Site"). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Kandy Site. By using the Services or accessing the Kandy Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Kandy Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Use of the Service or Kandy Site is limited to individuals who (i) are at least eighteen (18) years of age; or (ii) are between the ages of thirteen (13) and eighteen (18) who have obtained written parental or guardian approval.
The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use of the Services.
Top
1. System and Network Activities:
The following activities and content are strictly prohibited, with no exceptions:
- Introduction, alteration or use of any content, data, software, code or other information, that:
- infringes or misappropriates the intellectual property or proprietary rights of others;
- you do not have the right to upload under any applicable law or under contractual or fiduciary relationships;
- may damage, interfere with, surreptitiously intercept, destroy or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots;
- may violate any applicable local, state, national or international law, or any regulations having the force of law;
- may be harmful to others, Kandy's operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices;
- or is defamatory, threatening, harassing, vulgar, tortious, violent, obscene, pornographic, abusive, invasive of privacy, hateful racially, ethnically or otherwise objectionable, including content that constitutes, promotes or facilitates child pornography, relates to bestiality, or depicts non-consensual sex acts.
- Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws.
- Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home.
- Procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.
- Using the Service to perform any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services.
- Using the Services to solicit personal information from anyone under the age of eighteen (18).
- Using the Services to perform any activity which creates a privacy or security risk to any person.
- Using the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:
- Unauthorized Access. Accessing or using the Service or any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
- Circumventing user authentication or security of any host, network or account.
- Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
- Using the Service to store or transmit any "Protected Health Information" and “Sensitive Personal Information” as such terms are defined in various privacy laws, in violation of applicable law. Refer to our Privacy Policy for additional information.
- Using the Service to store or transmit any Personal Information or Personal Data in violation of and as defined by applicable privacy laws and regulations. Refer to our Privacy Policy for additional information.
- Making any network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
2. Email and Communications Activities:
The following activities and content are strictly prohibited, with no exceptions:
- Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.
- Unauthorized use, altering, obscuring or forging, of email header information or assume a sender's identity without the sender's explicit permission.
- Soliciting by email with the intent to harass or to collect replies.
- Creating or forwarding "chain letters".
- Distributing, publishing, sending or facilitating the sending of unsolicited mass email, or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements.
- Collecting replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
3. Monitoring and Enforcement
Kandy reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Kandy Site. Kandy may:
- investigate violations of this Policy or misuse of the Services or Kandy Site; or
- remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Kandy Site.
Kandy may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Kandy's reporting may include lawfully required disclosure of customer and user information. Kandy also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Top
4. Reporting of Violations of this Policy
If you or any of your users become aware of any violation of this Policy, you will immediately notify Kandy and provide Kandy with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please email privacy@kandy.io or avct-legal@avctechnologies.com
Top