Acceptable Use Policy
These terms apply to all Salmon SaaS users and Salmon licensees as of September 16, 2017.
In this Agreement the following terms, when starting with a capital letter, have the meanings shown:
- Customer means the party who is granted the rights to use Salmon software.
- Supplier means the party who grants the rights hereunder to the Customer.
This is a set of rules applied by the supplier, and its authorized representatives, that set the ways in which the software and any service provided in relation to it may be used.
Consequently, this applies to both SaaS subscriptions as well as any licensed version of Salmon software and its related technology.
This Agreement extends the Terms of Sale. Any provision in this Agreement is construed 'as in the Terms of Sale' plus 'as per this Agreement'. In case of conflicts between provisions, the terms in this Agreement have precedence over the Terms of Sale, with regards only to such provisions and only for the purpose of this Agreement.
4. Explicit consent
By making any use of Salmon software, the Customer explicitly agree to do so only in a manner consistent with this Acceptable Use Policy.
5. Allowed files
With the exception of any prior agreement with the Supplier in relation to the Customer business specific needs,
the only permitted files to be uploaded to an Salmon instance are these that are absolutely necessary for the Customer web site to function properly.
Use of an Salmon instance to share, store, back-up files is not permitted.
Customer should insure all files are free from any virus, malware and malicious code, that both files and content can not harm any third party physically, mentally, nor their property, to the extend of any direct or undirected legal implications.
7. Intellectual Property
Customer is sole responsible to insure files and content do not infringue any third party Intellectual Property.
At anytime, Customer should be able to demonstrate the ownership of files and content available though the Salmon instance or in conjunction with it.
8. Legal compliance
Customer web site, files and content, any use of or in conjunction with the Salmon instance, should comply with all relevant laws and regulations.
This includes, but is not limited to, Customer publishing up to date legal terms, acquiring necessary licenses and permits, in relation with the intended use.
9. Abuse contact
Customer web site on any Salmon instance should mention, in a clear and easily accessible manner, an abuse contact information, as per guidelines provided by Supplier.
Customer agrees to provide Supplier with any information and document that the Supplier request to evaluate compliance to and enforce this agreement. Customer consent the Supplier may share such data with third parties involved into the verification and enforcement processes, including but not limited to official authorities of any country.
Any use in relation with an Salmon instance of Customer, whereas such use create unusual, unexpected, load on the Supplier resources, such as but not limited to servers and bandwidth, or above agreed quantity, is not acceptable as per this agreement.
"Unlimited" (ie: products, sales, accounts, ...) should be understood as Supplier won't cap usage based on that, but there may be other constraints that may create a limitation. Customer acknowledge that Supplier can only provide a reasonable, finite amount of resources in relevance with any amount paid by Customer.
Unless otherwise specified, an SaaS subscription is intended for a single web site, single domain name.
12. Prohibited use
Non excluding any other prohibited use in this agreement, and in any agreement between the Customer and Supplier, Customer agrees to not engage in activities pertaining to:
- Infringement of the rights of any third party
- Black Hat SEO, spamdexing, scraper sites, spidering
- Denial of service, spoofing, impersonation, phishing, password robbery, scams
- Personal information harvesting without the person consent
- Anonymous proxies, or allowing the site to be used as a proxy mean
- Any controlled substance, product, service, occupation without prior proof of appropriate permit(s)
- Interference with, disruption, damaging, unauthorized access, any third party property or service
- Offensive and illegal content, encouraging hate or violence, child pornography
- Extremist material such as but not limited to terrorism
Supplier will be the sole arbiter as to what constitutes a violation of this provision.
13. Hosting compliance
Depending on which hosting company the Salmon instance is operated, such instance is also subject to the hosting company policies, which Customer agrees to comply with. In the case of SaaS, a link to the hosting company will be provided to Customer upon simple request to Supplier.
14. Financial compliance
Should the customer web site or business involve financial transactions, Customer should be able to demonstrate compliance with any relevant regulations, such but not limited to anti-laundering, counter-terrorism financing rules, criminal activities prevention.
Supplier has a zero tolerance for spam. Customer will take any necessary action to comply with any relevant anti-spam regulation.
Whenever emails are sent out from, or in conjunction with, the Salmon instance, and that such result in any spam related complaint or the blacklisting of any IT assets from the Supplier, Customer will bear all costs and liabilities resulting from such.
Customer has full liability with regard to any file and content, and the use of it, that is available though or in conjunction with the Customer web site and any direct or indirect output of such, and agrees to fully indemnify Supplier, and any affected third parties, for any loss, cost, liability that may arise from such.
With or without prior notice to the Customer, the Supplier may run automated software to remove any file or content which Supplier, at its sole discretion, assess is violating, or permit violation of, the Acceptable Use Policy.
Customer is solely responsible to insure its files and content are compliant with the policy at any time.
With or without prior notice to the Customer, Supplier may enforce the Acceptable Use Policy by any mean or combination of means it deems relevant, to the extend of permitted by law.
When a notice is provided to Customer, such but not limited to for verification purpose or compliance request, Customer agrees to abide by any delay thereof stated.
Failure by either party to enforce any of the provisions of this Agreement will not represent a waiver of such rights and will not affect the validity of this Agreement nor affect that party's rights to take subsequent action.
20. Amendments and revisions
This Agreement is subject to Supplier's updates as per Terms of Sale.
Continuing to use or access the SaaS after the effective date constitute Customer acceptance of the latest revision of this Agreement and any related agreement.
Should Customer object to this Agreement updates, Customer sole recourse shall be to cease using the services, in which case Supplier will, at Supplier sole discretion, either agree to pursue under the current terms or offer Customer a prorated refund based on the amounts Customer have prepaid for the services and Customer services termination date.
Other than above, this Agreement may only be amended by the mutual written agreement of the parties.
If any competent authority finds any part of this Agreement to be invalid, unlawful or unenforceable, this Agreement will be deemed to be amended to the extent required to remove the competent authority’s finding but so as to allow the rest of this Agreement to remain valid and unaffected to the fullest possible extent.
22. Governing law
This Agreement is governed by the laws of the USA.