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Questionmark OnDemand Service Acceptable Use Policy

Last updated: March 6, 2023

Questionmark OnDemand and Related Agreements

Questionmark has published this Acceptable Use Policy (“Policy”) as part of an extensive effort to protect its service and to comply with applicable laws. This Acceptable Use Policy supplements but does not supersede any agreement in place with Questionmark. This Acceptable Use Policy is subject to change without notice by publication at http://www.questionmark-ondemand-service-acceptable-use-policy, although updates will not apply to Customers (as defined below) until their next date of renewal with Questionmark.

This Acceptable Use Policy generally describes the types of use that are prohibited. Questionmark may in its sole, reasonable discretion determine whether a use of the Questionmark Services is a violation of this Policy. To the extent Questionmark is aware of a violation of this Policy, Questionmark may take all necessary actions that it deems appropriate to address the violation, including, without limitation, suspension or termination of the Questionmark Services.

Each Customer is responsible for maintaining the security of its user IDs, passwords and systems from improper use by others. Abuse that occurs as a result of Customer’s improper security measures may result in suspension with or without notice at Questionmark’s sole discretion.  Neither Questionmark nor any of its affiliates or subcontractor will not assume liability for failures or breach of Customer-imposed protective measures and Customer shall hold them harmless for same.

Customer will only use the Questionmark Services for their intended purpose and any use outside of the intended purposes is prohibited. Customer will not use the Questionmark Services to store or transmit anything offensive, harassing, threatening, abusive, obscene, illegal, or defamatory, that breaches the rights of any third party, or contains viruses, worms, Trojan horses or other harmful computer code, spyware, adware, malware, files, scripts, agents of programs.

Customer is prohibited from:

  1. using the Questionmark Services in violation of any law or regulation or to support criminal activity or illegal purpose;
  2. using the Questionmark Services for any cryptocurrency mining or other blockchain activity;
  3. undertaking penetration testing or large-scale performance testing of the Questionmark Services without Questionmark’s advance written permission;
  4. sharing access with or impersonating another user of the Questionmark Services or a Questionmark employee;
  5. attempting to violate the security of a network, service, or other systems, including but not limited to hacking, cracking into, monitoring, or using systems without authorization, scanning ports, and conducting denial of service attacks;
  6. interfering with or disputing the integrity or performance of the Questionmark Services or the data contained therein;
  7. attempting to gain unauthorized access to the Questionmark Services or its related systems or networks;
  8. using the Questionmark Services to send unsolicited e-mails, charity requests, petitions for signatures, chain mail related materials or communications in any form;
  9. sending e-mails that violate applicable laws, including the U.S. CAN-SPAM Act, such as sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail or that do not accurately identify the sender, the sender’s return address, and the e-mail address of origin;
  10. knowingly violating an internet service provider’s acceptable use policy and/or terms of service;
  11. assisting or permitting any persons to engage in any of the above activities.

Customer will promptly take all actions necessary to stop any such activities. Questionmark may check system files, e-mails and other data for illegal content and materials, or for any other reasons deemed reasonably necessary. Refunds or credits are not issued in connection with actions taken for violation of this Policy.

Incident reporting

Any complaints regarding violations of this Acceptable Use Policy by a Customer should be directed to abuse@learnosity.com.