Fenix Commerce, Inc. Acceptable Use Policy for Fenix SaaS

This Acceptable Use Policy (“Policy”) outlines unacceptable use of Fenix Software-as-a-Service (SaaS), which interact with, or access, the Internet (the “Services”). This Policy is in addition to any other terms and conditions under which Fenix provides the Services to you.

Fenix may make reasonable modifications to this Policy from time to time by sharing a new version of this document.

Questions about this Policy (e.g., whether any contemplated use is permitted) and reports of violations of this Policy should be directed to info@fenixcommerce.com

The examples listed in this Policy are not exhaustive. Prohibited uses and activities include, without limitation, any use of the Services in a manner that, in Fenix’s reasonable judgment, involves, facilitates, or attempts any of the following:

• 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;
• Accessing, sending, receiving, displaying, performing, disclosing, storing, or executing any content a) in violation of any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property right, b) in violation of any applicable agreement, or c) without authorization;
• Deleting or altering author attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the owner;
• Transmitting highly sensitive personal information of an individual in a manner that can be associated with the individual, such as Social Security number, government-issued identification number, health or medical information, credit card or debit card number, financial account information, access codes and PINS, or date of birth;
• 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;
• Introducing or activating any viruses, worms, harmful code and/or Trojan horses;
• Sending or posting unsolicited messages or e-mail, whether commercial or not, a) to any recipients who have requested that messages not be sent to them, or b) to a large number of recipients, including users, newsgroups, or bulletin boards, at one time;
• Evading spam filters, or sending or posting a message or e-mail with deceptive, absent, or forged header or sender identification information;
• Holding Fenix or its affiliates up to public scorn or ridicule; and/or
• Reselling Fenix’s services, in whole or in part, to any entity or individual, without Fenix’s prior written consent, or misrepresenting your relationship with Fenix.