DistillerSR Free Trial Terms of Service
Version 1.0 | April 16 2021
This Agreement sets forth the terms and conditions for your access to and use of the Service, as defined below. If You wish to use the Service, You must indicate your agreement to these Terms of Service. By clicking on the check box on the sign-up page, You are entering into a contract with Evidence Partners Incorporated (“Vendor”) for trial/demo access to the Service, and You are agreeing, individually and on behalf of the company whose information you provided during the registration process (“Trial User” or “You”), to be bound by the following Terms of Service. If You do not agree, You will not be permitted access to the Service.
If you are accessing and using the Service on behalf of an entity or organization, You represent and warrant that You: (i) have the authority to legally bind such entity or organization; and (ii) that You are duly authorized to enter into this agreement on behalf of the Customer. In that event, all references to “You” in this agreement shall be a reference to both (1) You as an individual Trial User (defined below); and (2) the entity or organization on whose behalf You are accessing and using the Service.
“Acceptable Use Policy” means the terms of acceptable use attached herein as Schedule “A” and is incorporated into and made a binding part of these Terms of Service.
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity.
“Agreement” means these Terms of Service, the Acceptable Use Policy, and all referenced documents herein.
“Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to the environment or health and safety, of any governmental or regulatory authority that apply to the parties or the subject matter of this Agreement.
“Control” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For greater certainty, Personal Data does not include information that is anonymized or aggregated.
“Process” and similar terms mean any operation or set of operations which are performed on Personal Data or on sets of Personal Data, whether or not by automated means.
“Restricted Party” means any individual, company, or organization (a) prohibited by applicable law to receive export-controlled items, information, or technology; or (b) is listed on a denial list by the United States, or Canada’s federal government.
“Sign-Up Page” means the trial sign-up page all Trial Users must accurately fill out in order to access the free trial. Details required are as follows: (i) first name, (ii) last name, (iii) email address, (iv) organization name, (v) research type, and (vi) confirmation of acceptance of this Agreement.
“SaaS” means “Software as a Service”.
“Service” or “DistillerSR Free Trial” means the Vendor’s Web-based application, DistillerSR™ including associated offline components, available only for a 14-day free trial to demo.
“Software” means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by Vendor. The Software is distributed to Trial User through the Vendor’s SaaS model and includes software accessed through the Internet or other remote means (such as websites and “cloud-based” applications). For greater certainty, Trial Users do not download any Software.
“Term” means the Term of this Agreement, which commences on the date on which the Trial User’s account is created and the Trial User is provided with their log-in information, and continues for fourteen (14) days, at which time this Agreement shall terminate and access to the Trial User Account will be revoked.
“Terms of Service” means these terms which govern the use of the DistillerSR Free Trial
“Trial User” or “You/Your” means (i) the entity or organization you represent; and/or (ii) you as an individual, who is accepting this Agreement and identified on the Sign-Up Page linking to this Agreement.
“Trial User Data” means all electronic data or information (i) uploaded by the Trial User in the process of using the Service; (ii) calculated and populated in a form(s) by the Service as part of the Trial User created workflow following the uploading of such electronic data and/or information; (iii) created as a result of additional inputs by the Trial User in the process of using the Service; and/or, (iv) generated by the Service in the form of output data (i.e. reports) received by the Trial User, but does not mean output formats, layouts or features that are intrinsic to the Service.
“User Guide” means the online user guide for the Service, as updated from time to time.
“Vendor” or “Evidence Partners” means Evidence Partners Incorporated, a company incorporated under the laws Canada, having its principal place of business at 505 March Rd, Suite 450, Ottawa, ON, Canada K2K 3A4.
2.1 Provision of Service. Vendor shall make the Service available to You for the limited Term. For greater certainty, this trial is limited to one person and You shall not share your log-in information or access to the Service with any individual not listed on the sign-up form. By accepting this Agreement You will be given the right to access and use the Service in accordance with the terms of this Agreement. You further acknowledge that You accept and understand that the Service is provided ‘AS IS’ and may not contain the full functionality available to customers who have paid for a subscription and have signed Vendor’s master services agreement.
2.2 Additional Users. DistillerSR Free Trial accounts are limited to one Trial User per account. Should any additional users require access to Your account they must either (a) register to become a Trial User and receive their own username and account, in which case You may then submit a request to Vendor support for access to be provided to the additional user; OR (b) receive an invitation from You to collaborate on Your Trial User account, in which case the additional Trial User’s access to Your account will be validated by Vendor personnel upon receiving Your invitation request. You will need to provide the username and email address of the individual you wish to provide access to Your account when submitting the request. You acknowledge that at all times You are responsible for any and all actions that occur within Your account, including the actions of any additional user granted access to Your account.
3. Use of the Service.
3.1 Vendor Responsibilities. Vendor shall: (i) maintain the integrity of the Service; (ii) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for (each of the following being an “Exception”): (a) planned downtime (of which Vendor shall give at least 8 hours’ notice via the Service and which Vendor shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. EST Friday to 3:00 a.m. EST Monday); or (b) any unavailability caused by circumstances beyond Vendor’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, security breaches, strikes or other labor problems (other than those involving Vendor employees), or (c) any computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Vendor’s possession or reasonable control, and (d) security breaches or denial of service attacks of Trial User systems or to the extent caused by Trial User Data.
3.2 Your Responsibilities. You are responsible for all activities that occur in Your account and for Your compliance with this Agreement. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Trial User Data; (ii) use the Service in compliance with the User Guide and Use Guidelines described in Section 3.3; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Vendor promptly of any such unauthorized access or use; and (v) comply with all Applicable Laws in using the Service.
3.3 Use Guidelines. You shall use the Service solely for the purpose of literature review and internal business purposes as contemplated by this Agreement and ensure no other individuals or unregistered personnel access or use the Service or Your account. Use of the DistillerSR Free Trial is limited to the importing of 10,000 references, and You shall not attempt to bypass such limit of 10,000 references or upload more than 10,000 references.
3.4 Publicity. Neither party may issue press releases or otherwise publicize the parties’ relationship relating to this Agreement without the other party’s prior written consent.
3.5 Suspension of Service. Vendor reserves the right to suspend the Service provided to Trial User, without liability to Vendor, at any time.
4. Fees & Payment. -Intentionally Deleted.
5. Proprietary Rights.
5.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, Vendor reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
5.2 Restrictions. You shall not (i) modify, copy or create derivative works based on the Service; (ii) frame or mirror any content forming part of the Service, other than for its own internal business purposes; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service, in whole or in part or (iv) access the Service in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Service.
5.3 Trial User Data. Throughout the duration of the DistillerSR Free Trial, any Trial User Data shall not be considered Confidential Information under this Agreement, and Vendor reserves all rights to access and use Trial User Data at its own discretion. Vendor shall use Trial User Data to evaluate usage of the DistillerSR Free Trial, evaluate system usage, performance or capacity, to respond to service requirements or technical problems, to respond if a suspected breach of this Agreement has occurred, to assist with the trial experience, at Your request, and/or for other commercial or internal business purposes. You acknowledge that, by using the Distriller SR Free Trial and uploading Trial User Data to the Service, you hereby assign all rights, including any intellectual property rights, in and to the Trial User Data to Vendor. In the event that such rights cannot be assigned, You grant Vendor a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, transferable, assignable, and sublicenseable license to access and use the Trial User Data. Vendor further reserves the right to remove Your access to the Service at the conclusion of the Term, and to delete or otherwise remove your Trial User Data from the Service after thirty (30) days following the expiration of the Term.
5.4 Suggestions. Vendor shall have a royaltyfree, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Service.
6. Privacy Rights.
6.1 Collection of Personal Data by Vendor. You acknowledge that Vendor collects limited Personal Data from You in accordance with the purposes set out in Vendor’s Privacy Statement, which forms part of and is incorporated by reference to this Agreement, which includes the collection of Personal Data for the maintenance of Vendor’s audit trail as required to maintain regulatory compliance. If Vendor’s use (whether directly or indirectly) of the Personal Data collected pursuant to Vendor’s Privacy Statement is contrary to any Applicable Privacy and Information Security Laws, or contrary to any of the restrictions set forth in this Agreement, You shall have the right to pursue any other legal and equitable remedies.
6.2 Prohibition on Uploading of Personal Data. Notwithstanding the foregoing, You acknowledge and agree that the uploading of any Personal Data, including personal health information (“Prohibited Personal Data”) is prohibited by Vendor, and You shall ensure that You do not upload any data or information that may be considered Prohibited Personal Data. Any uploading of such Prohibited Personal Data to Vendor’s Service shall be deemed a violation of these Terms of Service, and considered a material breach of this Agreement. You accept all responsibility for data uploaded to Vendor’s Service, and agree to fully indemnify Vendor for any claim, loss or damage suffered by Vendor as a result of the uploading of any Prohibited Personal Data to the Service, or as a result of Your breach of applicable Privacy Laws in accordance with section 9.2 below.
6.3 Sharing or Selling of Personal Data. The Parties hereby warrant and represent that no Personal Data will be shared with or sold to any third parties except as required by applicable law.
6.4 Storage of Trial User Data. You acknowledge and agree that all Trial User Data and any Personal Data collected pursuant to Vendor’s Privacy Statement is hosted by Amazon AWS and is stored and processed in their US East data centre. You represent and warrant that You have obtained any and all consent required from any patients or data subjects from whom Personal Data was collected, and have made such patients, and/or data subjects aware of the fact that their data may be stored in the United States.
7.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including this Agreement the Trial User Data, the Service, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
7.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission.
7.3 Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
7.4 Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
7.5 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
8. Warranties & Disclaimers.
8.1 Warranties. Each party represents and warrants that it has the legal power to enter into and be bound be the terms of this Agreement. You represent and warrant that You have obtained all necessary rights, licenses, approvals, and/or consents to upload the Trial User Data to the Service from the applicable owners of such data. You further represent and warrant that neither You, any entity or organization you represent, any Affiliates of such entity or organization, nor any of their respective officers, directors, or any personnel is (a) a Restricted Party; (b) included on the “List of Excluded Individuals/Entities maintained by the U.S Department of Health and Human Service’s Office of Inspector General pursuant to 42 U.S.C. Sections 1320a-7, 13955ccc, 1320c-5 and regulations promulgated thereunder which, as of the Effective Date of this agreement, can be searched at the internet website of http://exclusions.oig.hhs.gov/ (“OIG List”); or (c) listed as excluded on the Office of Inspector General Exclusion Database. You agree to immediately notify Vendor if You, any entity or organization you represent or their affiliates, or their respective officers, directors, or personnel, should come to be (1) a Restricted Party or (2) included on the OIG List. Vendor reserves the right to terminate Your access to the Service in the event of a misrepresentation by You, or a breach of this section 8.1. Vendor represents and warrants that (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) the Service shall perform materially in accordance with the User Guide; (iii) the Service will not contain or transmit to Trial Users any Malicious Code (except for any Malicious Code contained in Trial User-uploaded attachments or otherwise originating from Users); (iv) it owns or otherwise has sufficient rights in the Service to grant to Trial Users the rights to use the Service granted herein; and (v) the Service does not infringe any intellectual property rights of any third party.
8.2 Disclaimer. THE DISTILLERSR FREE TRIAL IS PROVIDED “AS-IS”, AND YOUR ACCESS TO, AND USE OF, THE SERVICE FOR THE DURATION OF THE DISTILLERSR FREE TRIAL IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VENDOR MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITH RESPECT TO THE USE OF THE SERVICE, VENDOR MAKES NO EXPRESS OR IMPLIED WARRANTY THAT SERVICE ARE OR WILL BE ENTIRELY SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF PROGRAM LIMITATIONS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL BREACHES RESULTING FROM YOUR ACCESS TO THE SERVICE FROM AN UNSECURE PLACE OR NETWORK, OR FROM A JURISDICTION THAT MONITORS NATIONAL INTERNET USE.
9. Trial User Indemnification.
Subject to this Agreement, You shall, indemnify and hold Vendor harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with Claims made or brought against Vendor by a third party alleging that the Trial User Data, or Your use of the Service (i) infringes the intellectual property rights of such third party, or (ii) have harmed such third party because Malicious Code was uploaded or inputted by Users, (iii) electronic data or information was uploaded or inputted by Users without such third party’s authorization or permission, (iv) uploads any Prohibited Personal Data to the Service, or (v) violates any Applicable Law, or have otherwise harmed a third party; provided, that Vendor promptly gives written notice of the Claim to You.
10. Limitation of Liability.
10.1 Limitation of Liability. IN NO EVENT SHALL VENDOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $100.00.
10.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL VENDOR HAVE ANY LIABILITY TO A TRIAL USER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Exclusions. THE LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 10.1 AND 10.2 SHALL NOT APPLY TO DAMAGES ARISING FROM YOUR OBLIGATIONS WITH RESPECT TO (i) A VIOLATION OF THE PROHIBITION ON THE UPLOADING OF PERSONAL DATA BY YOU, (ii) YOUR INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, (iii) ARISING FROM YOUR GROSS NEGLIGENCE, RECKLESSNESS, INTENTIONAL OR WILLFUL MISCONDUCT, OR (iv) YOUR VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAW.
11. Term and Termination.
11.1 Trial Expiration & Termination. This Agreement shall terminate upon the expiration of the Term of the DistillerSR Free Trial. Upon termination, access to the Service and all Trial User Data will be revoked, except in accordance with Section 11.4. Your account will remain intact for a 30-day grace period following the expiration of the Term , after which time Your account and all Trial User Data will be irreversibly deleted.
11.2 Termination for Cause. Vendor may terminate this Agreement for cause immediately in the event of a breach or violation of these Terms of Service or the Acceptable Use Policy. Subject to Applicable Law, in the event of Termination for Cause all rights under Section 11.4 are terminated and Vendor shall have no obligation or responsibility to return any Trial User Data. Further, Vendor shall have the authority to dismiss the thirty (30) day grace period and may delete the Trial User account and all Trial User Data immediately.
11.3 Termination for Convenience. Either party may terminate this Agreement at any time during the 14-day trial period by providing the terminating party provides three (3) days written notice to the other party.
11.4 Return of Customer Data. Upon request by Trial User made within 15 days after the effective date of termination, Vendor will make the Service available to Trial User on a limited basis to download a file of Trial User Data in comma separated value (.csv) format (or such other format as agreed to). Vendor shall have no obligation to maintain Trial User accounts for longer than 30 days after the effective date of termination. or provide any Trial User Data and shall thereafter, unless legally prohibited, delete all Trial User Data in its systems or otherwise in its possession or under its control.
11.5 Surviving Provisions. The following provisions of these Terms of Service shall survive any termination or expiration of these Terms of Service: Sections 5 through 12.
12. General Provisions.
12.1 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
12.2 Governing Law and Waiver of Jury Trial. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws provisions. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise shall be subject to the exclusive jurisdiction of the courts of Ottawa, Ontario, and each party hereto irrevocably attorns to the jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
12.3 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
12.4 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
12.5 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
12.6 Assignment. You may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise. Any attempt by Trial User to assign Your rights or obligations under this Agreement is a breach of this Agreement and shall be void and of no effect. Vendor may, without notice to You, assign this Agreement in its entirety, without Your consent at any time during the Term of this Agreement. Subject to Vendor’s right to assign, this Agreement shall bind and inure to the benefit of the Vendor, its respective successors and permitted assigns.
12.7 Notice. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) the second business day after sending by email or (ii) two days of being posted by the Vendor within the Service. Notices to Vendor shall be addressed to the attention of its General Counsel at [email protected] Notices to Trial User shall be addressed to You at the email address provided on the Sign-Up Page, or through notification within the Service.
12.8 Entire Agreement. These Terms of Service, and the Acceptable Use Policy shall constitute the entire agreement between the parties (“Agreement”) and supersedes all prior and contemporaneous agreements or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. To the extent of any conflict or inconsistency between the provisions of this Agreement, and any other document, notice, or counter agreement provided, this Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Trial User’s purchase order or in any other Trial User order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
ACCEPTABLE USE POLICY
THIS POLICY governs Your use of the DistillerSR Free Trial offered by Evidence Partners Incorporated (“Evidence Partners”) in connection with the Your use of and access to the Service pursuant to the Agreement. This Policy describes activities that are prohibited in connection with Your use of the Service, which may be updated from time to time. The current version of this policy can be obtained by contacting [email protected].
NOW THEREFORE, by clicking accessing and using the Service, and in consideration for such access and use of the Service and for other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, You agree as follows:
Unless otherwise indicated, all capitalized terms used but not defined have the meanings given to them in the Terms of Service to which this Policy is attached and thereby made a part of.
Unless specified elsewhere in this Policy, the following terms shall have the meanings ascribed to them:
“Policy” means this Acceptable Use Policy, as amended from time to time.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Agreement” means the Terms of Service and this Acceptable Use Policy, accepted by You, that makes up the binding contractual relationship between Evidence Partners and You, which governs the use of and Your access to the Service.
“Trial User Data/Content” means all electronic data or information (i) uploaded by You in the process of using the Service; (ii) calculated and populated in a form(s) by the Service as part of the Your created workflow following the uploading of such electronic data and/or information; (iii) created as a result of additional inputs by You in the process of using the Service; and/or, (iv) generated by the Service in the form of output data (i.e. reports) received by You.
2. YOUR RESPONSIBILITIES
You agree not to use, or to encourage, promote, facilitate or instruct others to use the Service as follows:
No Unauthorized Use of Service
(a) To license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party who has not been authorized by Evidence Partners.
No Illegal, Harmful, or Offensive use of Service or Trial User Data/Content
(a) To engage in, promote, or encourage activities in violation of any applicable law, regulation, governmental order or decree or legal agreement;
(b) To violate, or encourage violation of the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
(c) To use, upload, store, share, host, copy, distribute, display, publish, transmit, or send Trial User Data/Content that is or may be deemed offensive, inflammatory, hateful, infringing, defamatory, discriminatory, obscene, threatening, libelous, abusive, invasive of privacy, harmful to others, objectionable, or otherwise unlawful or tortious material;
(d) Send or store Malicious Code (whether intentional or inadvertent);
(e) In a way that could harm the Service or impair anyone else’s use of the Service; and (f) For any unlawful, invasive, defamatory, infringing, or fraudulent purpose.
No Security Violations
(a) To access or probe (or attempt to access or probe) any network, computer or communications system, software application, or network or computing device systems (each, a “System”) without authorization, including, but not limited to, breaches, vulnerability scans, or penetration testing;
(b) To disable, interfere with, or circumvent any aspect of the Service; and
(c) To breach any security or authentication measures used by a System or the Service.
No Network Abuse
(a) To damage, disable, overburden, or impair the Service or a System;
(b) To store or transmit any Trial User Data/Content that contains or is used to initiate a denial of service attack, software viruses or other Malicious Code;
(c) To monitor or crawl a System that impairs or disrupts the System being monitored or crawled;
(d) To interfere 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;
(e) To operate network services like open proxies, open mail relays, or open recursive domain name servers; and
(f) To disable, interfere with, abuse, disrupt, intercept, circumvent, or otherwise violate the security of the Service, or to avoid any use limitations placed on a System.
No E-Mail or Other Message Abuse
(a) To distribute or facilitate distribution of unwanted, unsolicited or harassing mass e-mails or other messages, promotions, advertising, or solicitations (“Spam”);
(b) To alter, forge, or obscure mail headers or assume a sender’s identity without permission; and
(c) To collect replies to messages sent from another Internet service provider in violation of this Policy or the Internet service provider’s policies.
No Hazardous Use
(a) In any application or in a manner where failure of the Service could lead to the death or serious bodily injury of any person, or severe physical or environmental damage.
3. MONITORING AND ENFORCEMENT
Evidence Partners reserves the right, but does not assume the obligation, to monitor and investigate violations of this Policy or misuse of the Service. Failure to comply with or breach of this Policy constitutes a material breach of the terms and conditions upon which You are permitted to use the Service, and, at any time, may result in Evidence Partners taking any and all actions in its sole discretion, including with immediate effect based on Evidence Partners’ reasonable judgment, up to and including:
(b) suspending or terminating access to the Service;
(c) removing, or prohibiting access to, or modifying content that violates this Policy or any agreement that Evidence Partners has with You for use of the Service; and/or
(d) legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Without notice to You (unless required by law), Evidence Partners may report any activity that Evidence Partners suspects violates any law or regulation to appropriate law enforcement authorities, or regulators. Evidence Partners’ reporting may include disclosing Your account information and/or Your Trial User Content/Data. Evidence Partners may also cooperate with law enforcement agencies or regulators to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy. Evidence Partners excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Evidence Partners may take any other action it reasonably deems appropriate.
4. REPORTING OF VIOLATIONS
If You become aware of any violation of this Policy, You must notify Evidence Partners immediately and reasonably cooperate in any efforts to stop or remedy the violation.