1. Use of the hosted Software, services, applications, (collectively, “Services”) provided by CloudLIMS.com, LLC. or its direct or indirect affiliates (“CloudLIMS”) is subject to this Acceptable Use Policy (“Policy”). If there is a conflict between this Policy and the applicable agreement You have with CloudLIMS to obtain the Services (“Agreement”), the Agreement will prevail.
2. This Policy applies to anyone who uses the Services, including without limitation the legal entity or individual doing business with CloudLIMS (“Customer”), and any third party permitted by the Customer to use or access the Services (“End Users”). Customers are required to inform End Users of this Policy. Customers and End Users are referred to in this Policy as ‘You’.
3. CloudLIMS reserves the right to amend or modify this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on You. By using or accessing the Services, You are agreeing to this Policy.
4. You agree not to use, or encourage, promote, facilitate or instruct others to use the Services to:
- Commit or encourage fraudulent or other illegal activities in violation of any applicable law, regulation, legal agreement or CloudLIMS’s published policies
- Infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right or legal content protections
- Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others or otherwise objectionable
- Access or probe any network, computer or communications system, software application or network or computing device systems (“Systems”) without authorization, including but not limited to breaches, vulnerability scans or penetration testing
- Attack, abuse, interfere with, surreptitiously intercept or disrupt any users, Systems or services, including but not limited to Denial of Service (DoS), unauthorised monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware or cancelbots)
- Disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Services
5. CloudLIMS has the right, but does not assume the obligation, to monitor and investigate violations of this Policy. 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 Services, and at any time, may result in CloudLIMS taking any and all actions in its sole discretion and with immediate effect (in its reasonable discretion), up to and including:
- suspending or terminating access to the Services;
- 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;
- further legal action against You; and/or
- disclosure of such information to law enforcement authorities as CloudLIMS reasonably feels is necessary or appropriate.
CloudLIMS 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 CloudLIMS may take any other action it reasonably deems appropriate.