Terms of Use

Introduction

This document sets forth the requirements of the Acceptable Use Policy of ClearCut Analytics and its subsidiaries (“Company”) governing the use by the Customer (“Customer”) of the Company’s portal service and products (“Services and Products”). The Purpose of Company’s Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Company. Company reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the internet at http://www.clearcutanalytics.com/policy.aspx The AUP is not an all-inclusive or exhaustive list and Company reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs or notification to the Customer via email. Any violation of the AUPs may result in the suspension or termination of your account or such other action as Company deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM COMPANY.

Any questions or comments regarding the AUP should be directed to support@clearcutanalytics.com.

Compliance with Law

Customer shall not use any of Company’s Services or Products in a manner which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

Customer Security Obligation

Each Customer must use reasonable care in the security protocols they use in connection with the Company’s Services and Products. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security. The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer’s server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $300 USD per hour. Customer shall contact Company immediately if Customer believe an unauthorized third party may be using its account or if its account information is lost or stolen.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm). Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information. Executing any form of network activity that will intercept data not intended for the Customer’s server. Circumventing user authentication or security of any host, network or account. Interfering with or denying service to any user other than the Customer’s host (example: denial of service attack or distributed denial of service attack). Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet. Failing to comply with the Company’s procedure relating to the activities of Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as Emergency Security Breach Recovery and is currently charged at $300 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”). Obtaining or attempting to obtain service by any means or device with intent to avoid payment. Accessing or attempting to access your account or other Company services after Customer (or Company) has cancelled Customer’s account. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Company customers or end-users by any means or device, including the use of ‘sudo’ or other privileged operating system commands. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Company network or on another provider’s network. Using Company Services to interfere with the use of the Company network by other customers or authorized users. Examples may include crypto mining, denial of service, or other activities that may impact the Company network. These are prohibited and accounts may be terminated without warningAdminister sweepstakes, promotions, and contests.

Prohibited Activities

Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services, Portal, or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

No License

Customer is not granted a license to any software by this Agreement. Company shall own and retain all right, title and interest in and to (a) the Services, the Portal, and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services or support, and (c) all intellectual property rights related to any of the foregoing.