Introduction
Welcome to Fiber’s Acceptable Use Policy!
This Fiber Acceptable Use Policy (“AUP”) is incorporated into and forms part of the Fiber Terms of Service between you and us (the “Agreement”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Services. This AUP also protects the interests of our Customers, as well as our goodwill and reputation. By using the Services, you are agreeing to this AUP.
In case of any conflict or inconsistency with the terms of the Agreement, this AUP will take precedence over other terms in the Agreement to the extent of such conflict or inconsistency.
We update this AUP from time to time and encourage you to review this AUP periodically. We will post any AUP changes to this document and, if you have an active Fiber agreement and changes are material, we will notify you directly (for example, by sending you an email or in-app notification).
The term of this AUP will follow the term of the Agreement. Terms not otherwise defined in this AUP will have the meaning as set forth in the Agreement.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@clerkie.io.
1. Definitions
“Property” means any individual or entity’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations.
2. Reporting Suspected Violations
2.1 Notification of Violations. We encourage you to report suspected violations of this AUP to us through email at support@clerkie.io. We have a policy to investigate all of these reports and to respond in the way we consider appropriate. If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the violation.
3. No Disruption
3.1 Agreement. You agree not to:
(i) use the Services in a way that impacts the normal operation, privacy, integrity or security of another’s Property;
(ii) use the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Services;
(iii) attempt to gain unauthorized access to the Services;
(iv) access the Services other than through our interface;
(v) use the Services to gain unauthorized access to, use, monitor, or make an unauthorized reference to another’s Property, unless you have the appropriate express prior consent to do so; or
(vi) use the Services in a way that causes or may cause any Henry Labs IP addresses, domains, or Customer domains to be blacklisted
3.2 Prohibited Actions. Examples of prohibited actions include (without limitation) hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
4. Proper Use Of The Services
4.1 Prohibited Use. Without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Services with content, or in a manner that:
(i) is threatening, abusive, harassing, stalking, or defamatory;
(ii) is deceptive, false, misleading or fraudulent;
(iii) is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
(iv) contains vulgar, obscene, indecent or unlawful material;
(v) infringes a third party's intellectual property right(s);
(vi) publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
(vii) uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
(viii) downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
(ix) falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
(x) restricts or inhibits any other User of the Services from using the Fiber Website and/or the Services
(xi) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(xii) violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
(xiii) is legally actionable between private parties;
(xiv) is not a good faith use of the Services;
(xv) is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations;
(xvi) encourages, promotes, facilitates or instructs others to engage in illegal activity; or
(xvii) promotes, encourages, or facilitates hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.
4.2 Hate Speech. Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user content are prohibited from using the Services, regardless of whether the Services are used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Services.
4.3 Content Moderation. You are responsible for moderating your, your Agent’s, and your End User’s activity on your platform or service. Content that violates these standards may result in termination of your use of the Services.
4.4 Improper Use. You will use the Services for your internal business purposes and will not:
(i) willfully tamper with the security of the Services or tamper with our Customers’ accounts;
(ii) access data on the Services not intended for you;
(iii) log into a server or account on the Services that you are not authorized to access;
(iv) attempt to probe, scan or test the vulnerability of any Services or to breach the security or authentication measures without proper authorization;
(v) willfully render any part of the Services unusable;
(vi) lease, distribute, license, sell or otherwise commercially exploit the Services or make the Services available to a third party other than as agreed upon in your subscription to the Services;
(vii) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or
(viii) provide to third parties any evaluation version of the Services without our prior written consent.
5. Trademark Use
5.1 Use of Henry Labs’ trademarks. Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Services, or any identifier or tag generated by the Services, including without limitation:
(i) as a hypertext link to any website or other location (except as provided for or enabled expressly by us) or
(ii) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
6. General Terms
6.1 Suspension. We may immediately suspend your access to the Services if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in the respective Product Terms of Service and, if you breach this AUP, we may terminate the Agreement for cause. You acknowledge we may disclose information regarding your use of any of the Services to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
6.2 Removal. We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights related to materials on the Services.
6.3 Updates. We may update and change any part or all of this AUP. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.
7. Contact Us
If you have any questions about this AUP or our other policies, or if you have a disability and need to access this notice in a different format, contact us on our Privacy Request Form, or you may also contact us by postal mail for all Fiber brands at:
Henry Labs, Inc.
619 7th Street
San Francisco, CA 94103
support@clerkie.io
