Acceptable Use Policy

Last Modified: January 24, 2024

This Insycle Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (Insycle, Inc.) (“Insycle”), whether we provide it directly or use another party to provide it to you (each, an “Insycle Service”). This AUP is designed to ensure compliance with the laws and regulations that apply to the Insycle Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Insycle Service unless you agree to them. By using the Insycle Service, you are agreeing to these terms.

Table of Contents:

Reporting Suspected Violations
No Disruption
Proper Usage of the Insycle Service
Restricted Industries
Insycle Trademark Use
Account Security
General Terms

If you are using any Insycle Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, including suspension or termination of your use of Insycle Services pursuant to our Customer Terms of Service for violations of this AUP.

We periodically update this AUP and we will let you know when we do through the Insycle Customer Portal used to access your Insycle subscription (if you have one), or by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. Reporting Suspected Violations

If you know of or suspect a violation of this AUP, you agree to promptly notify us in writing of the known or suspected violation of this AUP. The following information should be included, to the extent known:

Name of alleged violator(s);
Date and time (including time zone) of the alleged violation(s);
The IP address(es) used to commit the alleged violation(s);
Description of alleged violation(s);
Evidence of the alleged violation(s) (including screenshots and videos); and
The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance).

Insycle agrees not to disclose the identity of those who report known or suspected violations.

2. No Disruption

You agree not to:

(a) use the Insycle Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

(b) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser (also for example, scraping or harvesting);

(c) use the Insycle Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Insycle Service;

(d) attempt to gain unauthorized access to the Insycle Service;

(e) access the Insycle Service using another User’s unique login credentials, including reusing or sharing unique login credentials among multiple users;

(f) allow any Users to access the Insycle Service from an embargoed country, or allow access to the Insycle Service to anyone included in the U.S. Commerce Department’s Denied Persons List, Entry List, the U.S. Treasury Department’s list of Specially Designated Nationals, or other similarly sanctioned individuals;

(g) access the Insycle Service other than through our interface;

(h) use the Insycle Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so;

(i) use the Insycle Service in a way that causes or may cause any Insycle IP addresses, Insycle domains, or Insycle customer domains to be blacklisted; or

(j) modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Insycle Service and/or its functionality.

Examples of prohibited actions include (without limitation) hacking, spoofing, denial of service, mailbombing and/or transmitting 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.

3. Proper Usage of the Insycle Service

You will respect the limits that apply to your use of the Insycle Service as specified in the applicable Order Form and Customer Terms of Service.

In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Insycle Service with content, or in a manner that:

– is threatening, abusive, harassing, stalking, or defamatory;
– is deceptive, false, misleading or fraudulent;
– is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
– contains vulgar, obscene, indecent or unlawful material;
– infringes a third party’s intellectual property right(s);
– 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;
– uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
– downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
– 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;
– restricts or inhibits any other user of the Insycle Service from using and enjoying our website and/or the Insycle Service;
– harvests or otherwise collects information about others, including e-mail addresses, without their consent;
– 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);
– is legally actionable between private parties;
– is not a good faith use of the service; and/or
– is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation, any regulations having the force of law and all laws in force in the country where you use the Insycle Service;
– encourages, promotes, facilitates or instructs others to engage in illegal activity;
– 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.

Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Insycle Service, regardless of whether the Insycle Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Insycle Service.

You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Insycle Service.

You will use the Insycle Service for your internal business purposes and will not: (i) willfully tamper with the security of the Insycle Service or tamper with our customer accounts; (ii) access data on the Insycle Service not intended for you; (iii) log into a server or account on the Insycle Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Insycle Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Insycle Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Insycle Service or make the Insycle Service available to a third party other than as contemplated in your subscription to the Insycle Service; (vii) use the Insycle Service 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 Insycle Service without our prior written consent.

4. Restricted Industries

Some industries have higher than average abuse complaints, which can directly impact our ability to provide the Insycle Service to other customers. To protect our customers, we reserve the right to discontinue your use of the Insycle Services if you are in one of these industries.

5. Insycle Trademark Use

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Insycle Service, or any identifier or tag generated by the Insycle Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) 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. Account Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by someone other than the named account holder (i.e., your family member or friend, for example). Therefore, you must take all reasonable steps to protect your account from unauthorized access. In addition, no user may access its account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, you must ensure the security of your password at all times, including without limitation, by not sharing it with others for any reason. Additionally, passwords should be hard to guess and changed on a regular basis.

7. General Terms

We may immediately suspend your access to the Insycle Service if you breach this AUP or do not respond to us in a reasonable period after we have contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription for cause. You acknowledge we may disclose information regarding your use of any Insycle Service 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.

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.

We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://www.insycle.com/acceptable-use/. If you have an Insycle subscription, we will let you know through the Insycle Customer Portal used to access your Insycle subscription. If you do not have an Insycle subscription, we will let you know by posting the revised copy on our website. 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.