Acceptable Use Policy

Appropriate Use of Service(s) this Acceptable Use Policy (“AUP”) describes acceptable use of and access to any Service(s) offered by Foleon. By accessing or using the Service(s), the Customer agrees to the terms of this AUP and will be held responsible for any violations hereof. Foleon cannot provide the Service(s) without Customer’s agreement to abide by this AUP. 

1. Definitions - Unless otherwise defined herein, or in the Agreement between Customer and Foleon, all capitalized terms used within this AUP have the following meaning:

    1. Customer” means a company or its representative with a current agreement with Foleon for the purchase of Service(s) or a user of a free trial version of Foleon.
    2. “Customer Data” means: (i) Content; (ii) Submitted Data; and (iii) Visitor Data.
    3. Intellectual Property Rights” means copyrights, software, domain names, trademarks, service marks, designs and registrations and applications thereof, data, and documentation thereof, trade secrets, and know-how (including but not limited to development information, specifications, plans, proposals, and technical data).
    4. “Service(s)” means the specific proprietary SaaS (Software as a Service) product(s) of Foleon specified in Customer’s Order Form, including any related Foleon Documentation, and excluding any Third-Party Products. The Service(s) include access to the features and functionalities made available by Foleon from time to time.

2. Security and Hacking - Customer will not, and will not permit its users to publish, upload, distribute, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service(s).

3. Authorized Access - Unauthorized access of the Foleon Platform including but not limited to:

    1. Access any part of the Foleon Platform, or any content or data therein, through any technology or means other than those provided or authorized by Foleon;
    2. Interfere with the normal functioning, integrity or operation of the Foleon Platform;
    3. Decipher or decrypt transmissions, circumvent any access, authentication or copy restrictions of, or otherwise attempt to compromise the security of the Foleon Platform (including another user’s account);
    4. Attempt to probe, scan or test the vulnerability of any part of the Foleon Platform without proper authorization;
    5. Attempt to modify, or gain unauthorized use of or access to, another user's account(s), application(s), system(s), equipment or data;
    6. Collect or harvest any personally identifiable information, including account names, from any other user’s account;

4. Prohibited Use Content - The Customer must not and must not allow Authorized Users or any third party to upload Customer Data or use the Service(s) to;

  1. Illegal, fraudulent, libelous, defamatory, pornographic obscene, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content or data that would impersonate someone else or falsely represent an individual’s identity or qualifications, or that constitutes a breach of any individual’s privacy, including publishing images about children or any third party without their consent (or a parent's consent in the case of a minor);
  3. Except as otherwise permitted by Foleon in writing, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  4. Any information, software, or content Customer does not have the legal right to process or transmit.
    1. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Service to a third party (except Authorized Users);
    2. Publicly disseminate information regarding the performance of the Service (which is deemed Foleon’s Confidential Information);
    3. Modify or create a derivative work of the Service or any portion of it; (iv) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Service (including Foleon’s code), except to the extent expressly permitted by applicable law and then only with advance notice of Foleon;
    4. Access the Service for the purpose of building a competitive product or service or copying its features or user interface; 
    5. Use the Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Foleon’s prior written consent; or
    6. Remove or obscure any proprietary or other notices contained in the Service, including in any reports or output obtained from the Service
    7. Upload, process, distribute, link to, publish, reproduce, or transmit any of the following, including but not limited to:

5. Customer Reporting Suspected Violations - Customer can report the abuse of this AUP to info@foleon.com. If Customer is the recipient of email messages sent using the Products that Customer knows or suspect were sent in violation of this AUP, Foleon encourages Customer to report this to Foleon by forwarding an unaltered copy of the received email.

6. Fair Use - Foleon aims to ensure that all of our Customers enjoy fast and reliable service. The following limits apply a) 200 GB per month or per publication, and/or (b) the storage used by the Customer exceeds 1 TB per account. Foleon monitors each Customer’s usage. Any outgoing traffic volume in excess of the limits (“Additional Usage”) will attract costs as stated in the below schedule.

Usage

Price per GB

Per Month

First 200GB

Free

More than 200GB

0.50 per GB

More than 500GB

0.30 per GB

More than 700 GB

Foleon will contact customer

Per Account

First 1 TB

Free

More than 1TB

0.30 per GB per month

More than 3TB

0.20 per GB per month

More than 5TB

Foleon will contact customer

Foleon has the right to invoice each Customer for its Additional Usage, if any, on a monthly basis. Such invoices are subject to the Payment Terms in the Agreement between Foleon and Customer.

7. Assessing Compliance with the AUP - Foleon has the sole discretion to determine whether Customer Data or Customer's use of the Service(s) is prohibited. All Customer Data that is provided to Foleon or actions that are performed via Customer's account, whether provided or performed by Customer's employees, Customer's contractors, or Customer's customers and end-users, are the sole responsibility of Customer.

Without limiting any other remedies available to it, after email notification to the Customer Foleon may at its sole discretion suspend or terminate access to the Foleon Platform and take all published content offline for violations of this Acceptable Use Policy, to prevent harm to other parties, or to preserve its security, availability or integrity.

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