This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of the Fundriver products, programs and services (collectively, “Fundriver”), by our clients and other users of Fundriver (each, a “Client”). The guidelines and restrictions in this AUP regarding use of Fundriver by a Client shall apply equally to the Client’s employees, volunteers, and any other person or entity that is properly provided access to Fundriver by Client pursuant to the terms of a written agreement between Client and Fundriver (“End Users”), otherwise Client is prohibited from providing such access, either directly or indirectly. This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Fundriver to be inappropriate, improper or harmful to Fundriver, and therefore prohibited when using Fundriver. By using Fundriver, Client acknowledges that it has read, understood and agrees to comply with the terms of this AUP.
1. Illegal or Improper Use – Client will not, and will not allow or authorize its users to, use Fundriver to take any actions that (i) infringe on or dilute any Fundriver, or other third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Fundriver or its licensors or suppliers’ infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of emails in violation of the CAN-SPAM Act 2004; (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; or (viii) involves the unauthorized entry to any machine accessible via Fundriver. Fundriver does not monitor or exercise any editorial control over any Client, End User or other third party created content accessible or delivered through Fundriver and Fundriver takes no responsibility therefor. Client is therefore solely responsible for such content and any and all compliance with all laws applicable to the publication and distribution of such content.
3. Cooperation – If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Fundriver of any such violation and Client shall take all necessary action to cease such violation. Client shall cooperate with Fundriver in any corrective action that Fundriver deems necessary to address such violation in cooperation with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity. To the extent that Fundriver becomes aware of any content or activities that Fundriver deems, in its sole discretion to be in violation of this AUP, Fundriver may immediately block access to such content, suspend or terminate Fundriver, cooperate with third parties in response to any legal process, such as a court order or subpoena, or take other action Fundriver deems appropriate.
4. General – Fundriver reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy to the Fundriver website. Any violation or suspected violation of this AUP shall be immediately reported to Fundriver.