SmartBear Acceptable Use Policy

This Acceptable Use Policy (“Policy”) applies to the use of SmartBear Software Inc. (“SmartBear”) Software as a Service offerings and any other product or service from which this Policy is linked (collectively the “SaaS”). This Policy is in addition to any other terms and conditions pursuant to which SmartBear provides the SaaS to you.

SmartBear may make reasonable modifications to this Policy from time to time by posting a new version of this document on the SmartBear website. Unless otherwise specified, revisions are effective immediately upon posting. Accordingly, we recommend that you visit the SmartBear website regularly to ensure that your activities conform to the most recent version of this Policy. Your continued access to, or use of, the SaaS on or after the effective date of any changes to this Policy constitutes your acceptance of any such updates.

Questions about this Policy (e.g., whether any contemplated use is permitted) and reports of violations of this Policy should be directed to [email protected].

You agree not to use, and not to encourage or permit any person to use, the SaaS in a manner prohibited by this Policy. Prohibited uses and activities include, without limitation, any use of the SaaS in a manner that, in SmartBear’s reasonable judgment, involves, facilitates, or attempts any of the following:

Conduct and Information Restrictions

• violating any law of, or committing conduct that is tortuous or unlawful in, any applicable jurisdiction;
• displaying, performing, sending, receiving or storing any content that is obscene, pornographic, lewd, lascivious, or excessively violent, regardless of whether the material or its dissemination is unlawful;
• advocating or encouraging violence against any government, organization, group, individual or property, or providing instruction, information, or assistance in causing or carrying out such violence, regardless of whether such activity is unlawful;
• uploading, posting, publishing, transmitting, reproducing, creating derivative works of, or distributing in any way information, software or other material obtained through the SaaS or otherwise that is protected by copyright, trade secret or other intellectual property right, without obtaining any required permission of the owner;
• deleting or altering author attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the owner;
• transmitting sensitive personal information of an individual in a manner that can be associated with such individual, including without limitation Social Security number, government-issued identification number, health or medical information (including protected health information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended), credit card or debit card number, financial account information, access codes and PINS, date of birth, or user account credentials.
• obtaining unauthorized access to any system, network, service, or account;
• interfering with service to any user, site, account, system, or network by use of any program, script, command, or otherwise;
• evading spam filters, or sending or posting a message or email with deceptive, absent, or forged header or sender identification information;
• transmitting unsolicited bulk or commercial messages commonly known as “spam;”
• sending large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service;
• participating in the collection of large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
• falsifying, altering, or removing message headers;
• using the Services to record or monitor a phone call or other communication without securing consent from the participants, as required under applicable law; or
• impersonating any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”).

Technical Restrictions

• accessing any third party computer or computer system, network, software, or data without their knowledge and consent; breaching the security of another user or system; or attempting to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
• using or distributing tools or devices, material or other information, designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, viruses, ransomware, or Trojan horse programs;
• copying, distributing, or sublicensing any proprietary software provided in connection with the SaaS by SmartBear;
• distributing programs that make unauthorized changes to software;
• attempting to bypass or break any security mechanism on any of the Services, or using the SaaS in any other manner that poses a material security or service risk to SmartBear or any of its other customers;
• launching or facilitating, whether intentionally or unintentionally, any denial of service attack on any of the Services, or any other conduct that adversely impacts the availability, reliability, or stability of the Services; or altering, modifying, or tampering with the SaaS or permitting any other person to do the same who is not authorized by SmartBear;

Network and Usage Restrictions

• restricting, inhibiting, or otherwise interfering with the ability of any other entity, to use or enjoy the SaaS, including posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
• restricting, inhibiting, interfering with, or otherwise disrupting or cause a performance degradation to the SaaS or any SmartBear host, server, backbone network, node or service, or otherwise cause a performance degradation to any SmartBear facilities used to deliver the SaaS; or
• interfering with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

This Policy is in addition to any other terms and conditions under which SmartBear provides the SaaS to you. In the event of a conflict between the terms of this Policy and any other terms and conditions applicable to you, the terms of this Policy shall prevail.

SMARTBEAR RESERVES THE RIGHT TO NOTIFY ITS CUSTOMERS OF ANY INFORMATION THAT AFFECTS THE SECURITY OF THE SAAS.

This Policy was last updated on May 17, 2022.