This Acceptable Use Policy (“AUP”) governs User's access, use, or receipt of WineDirect’s Services and User's access or use of WineDirect Technology (defined below).
1. Definitions. Capitalized terms in this AUP have the following meanings:
a. "WineDirect” means WineDirect, Inc. and its Affiliates.
b. “User” means a legal entity that purchases or uses WineDirect’s Services (including professional services). For purposes of clarity, User includes customers of WineDirect's Services and Partners participating in the WineDirect Partner Programs
c. “WineDirect Technology” means the technology and intellectual property used in providing the products and services offered by WineDirect, including computer software programs, integrations, connectors, websites, networks, and equipment. WineDirect Technology does not include third-party applications.
d. “Affiliate” means an entity that controls, is controlled by, or is under common control with WineDirect. For this definition, “control” means direct or indirect ownership of more than 50% of the voting interests of the subject entity.
e. “Malware” means programming (code, scripts, active content, and other software) that is designed to disrupt or deny operation, gather or transmit information about a user 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, and other malicious or unwanted software or programs.
2. Use of the Services. User shall not:
a. Interfere or attempt to interfere with the functionality, integrity, or performance of WineDirect’s services or WineDirect Technology;
b. Upload material to WineDirect’s services or the WineDirect Technology, or use WineDirect’s services to store or transmit material, in violation of a third party’s rights;
c. Upload Malware to the WineDirect Technology or use WineDirect’s services to store, transmit, or distribute any Malware;
d. Interfere or attempt to interfere with any third-party data stored within or processed by WineDirect’s services or WineDirect Technology or attempt to gain unauthorized access to WineDirect’s services or WineDirect Technology;
e. Attempt to probe, scan, penetrate, or test the vulnerability of the WineDirect Technology or circumvent, avoid, or breach WineDirect’s security or authentication measures, whether by passive or intrusive techniques or by social engineering, without WineDirect’s prior written consent.
3. Shared Resources. User may not use WineDirect’s services or WineDirect Technology in a way that unnecessarily interferes with normal operation, or that consumes a disproportionate share of WineDirect’s resources. For example, WineDirect may require User to repair a coding abnormality in its integration code if such abnormality causes unnecessary conflicts with other customers’ use of WineDirect Technology or WineDirect’s services. User agrees that WineDirect may quarantine or delete any data stored on WineDirect’s services or WineDirect Technology if the data is (i) infected with any Malware or is corrupted, or (ii) has the potential to infect or corrupt (x) WineDirect Technology or WineDirect’s services or (y) third-party data that is stored or accessed via WineDirect Technology or WineDirect’s services. User shall comply with any written security or network access requirements that WineDirect provides to User in connection with its use of the services.
4. Other Networks. User must comply with the rules of any other system or network it accesses when using WineDirect’s services.
5. Abuse. User shall not use WineDirect’s services or WineDirect Technology to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
a. Unauthorized monitoring, 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;
b. Interference with service to any user of the WineDirect Technology or WineDirect’s services through a denial of service attack;
c. Use of an internet account or computer without the owner’s authorization;
d. 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);
e. Collecting or using information without the consent of the owner of the information;
f. Use of any false, misleading, or deceptive TCP/IP packet header information in an email or a newsgroup posting;
g. Engaging in any conduct that is likely to result in retaliation against WineDirect Technology or WineDirect’s or WineDirect’s Affiliates’ employees, officers, directors, or agents, including engaging in behavior that results in any WineDirect service or service provider being the target of a denial of service attack.
6. Offensive Content. User shall not publish, transmit, or store, on or via the WineDirect Technology, WineDirect’s services, or any service provider’s technology or system, any content or links to any content that WineDirect reasonably believes
a. Is obscene;
b. Contains harassing content or hate speech, or is violent, incites violence, or threatens violence;
c. Is unfair or deceptive under the consumer protection laws of any jurisdiction;
d. Is defamatory or violates a person’s privacy;
e. 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 an investigation by law enforcement;
f. Improperly exposes trade secrets or other confidential or proprietary information of another person or entity;
g. Is intended to assist others in defeating technical copyright protections;
h. Infringes on another person’s or entity’s copyright, trade or service mark, patent, or other property right;
i. Is illegal or solicits conduct that is illegal under laws applicable to User or to WineDirect or its Affiliates; or
j. Is otherwise malicious, fraudulent, or may result in retaliation against WineDirect or its Affiliates by offended viewers or recipients.
7. Service Suspension or Termination. Users shall refrain from aggregating data obtained from individual clients or combining such data with data acquired from other clients for any purpose, in any manner, or any format, including but NOT limited to data that has been aggregated or anonymized, without prior written approval from WineDirect. Any unauthorized aggregation or combination of client data shall be considered a breach of this agreement. Any breach or violation of any terms of the User's AUP may result in WineDirect suspending or terminating User’s access to and use of WineDirect’s services. User is not entitled to any credit or other compensation for any interruption or termination of service resulting from User’s AUP violation.
