Acceptable Use Policy

Last Update: April 8, 2024

This Acceptable Use Policy (“AUP”) sets forth the restrictions regarding use of the 360ofMe, Inc. (“360ofMe”) Services platform (the “360ofMe Services”):

  1. The User Shall Not Knowingly: ‍‍
    1. Use The 360ofMe Services To Store Or Transmit Infringing, Libelous Or Otherwise Unlawful Or Tortious Material, Or To Store Or Transmit Material In Violation Of Third-Party Privacy Rights;
    2. Use The 360ofMe Services To Store Or Transmit Viruses Or Malicious Code;
    3. Interfere With Or Disrupt The Integrity Or Performance Of The 360ofMe Services, Or Attempt To Or Actually Override Any Security Component Included In The 360ofMe Services;
    4. Attempt To Gain Unauthorized Access To The 360ofMe Service Or Any Related Systems Or Networks;
    5. Permit Direct Or Indirect Access To Or Use Of The 360ofMe Services In A Way That Violates The Agreement;
    6. Use The 360ofMe Services To Generate Or Send Unsolicited Communications, Advertising Or Spam, Or Otherwise Cause 360ofMe To Become Impaired In Its Ability To Send Communications On Its Own Or On Its Customers’ Behalf (E.G., By Causing 360ofMe To Become Registered On Any Email DNS Blacklist Or Otherwise Be Denied Services By Any Other Third Party Communications Service Provider); Or
    7. Do Anything That In Any Way Would Cause The 360ofMe Services Or Any Tool Or Other Software Provided With Or Used In Connection With The 360ofMe Services, Or Any Part Thereof, To Be Subject To Any Open Source Software License Or Agreement, Including Without Limitation Any License Or Agreement That Would Require Or Purport To Require That The 360ofMe Services Or Any Part Thereof Be Disclosed Or Distributed In Source Code Form Or Licensed For The Purpose Of Making Derivative Works.  “Open Source Software” Means Any Open Source, Community Or Other Free Code Or Libraries Of Any Type, Including, Without Limitation, Any Code Which Is Made Generally Available On The Internet Without Charge (Such As, For Example Purposes Only, Any Code Licensed Under Any Version Of The MIT, BSD, Apache, Mozilla Or GPL Or LGPL Licenses).
    8. Use The 360ofMe Service In Any Illegal Or Unlawful Manner, Or For Any Illegal Or Unlawful Purpose, Or To Stalk, Harass, Or Harm Another Individual;
    9. Perform Any Act Which Is Intended To And/Or Actually Does Harm To 360ofMe, The 360ofMe Services, Or Any Of 360ofMe’s Customers;
    10. Imply Or State, Directly Or Indirectly, That Customer Is Affiliated With Or Endorsed By 360ofMe Without 360ofMe’s Express Written Permission; Or
    11. Share The Customer’s Password (E.G. Concurrent Use Rights Are Prohibited) Or Let Any Third Party Access Customer’s Account, Or Take Any Other Action Which Would Affect The Security Of The Customer’s Account;
  2. Monitoring And Suspension Rights. 360ofMe Will Not Review Or Screen Customer Data On A Regular Basis For Compliance With This AUP Or Applicable Law, And 360ofMe Shall Have No Obligation To Do So; Provided, However, That In Addition To Any Other Rights 360ofMe May Have, 360ofMe Reserves The Right To Suspend And/Or Terminate Customer’s Access To And/Or Use Of The 360ofMe Services, Or Any Particular Customer Data, If 360ofMe Determines, In Its Sole Judgment And Discretion, That Such Suspension Or Termination Is Necessary To Comply With The Foregoing Restrictions, Applicable Law, And/Or To Prevent Significant Harm To The 360ofMe Services Or Any User, And In Such Event, 360ofMe Shall Use Commercially Reasonable Efforts To Suspend Or Terminate Only That Portion Of The 360ofMe Services Or Any Particular Customer Data As 360ofMe Deems Reasonably Necessary To Prevent The Occurrence Or Continuation Of Such Violation And/Or Harm.
  3. Usage Policy.  User Profiles May Be Monitored To Identify Unusual Patterns Inconsistent With Normal, Individual Use. 360ofMe May, At Its Sole Discretion, Suspend Customer’s Right To Use The 360ofMe Services, And/Or Terminate This Agreement In Its Entirety (And, Accordingly, Customer’s Right To Use The 360ofMe Services), If 360ofMe Determines That Customer Usage Varies Substantially From Normal Use, And/Or There Is An Unusual Spike Or Increase In Customer Use Of The 360ofMe Services For Which There Is Reason To Believe Such Traffic Or Use Is Fraudulent Or Negatively Impacting The Operating Capability Of The 360ofMe Services. 360ofMe Will Use Good Faith Efforts To Notify The Customer In The Event Of Such Suspension And/Or Termination.