Acceptable Use Policy
Version 1.2 | July 28, 2023
THIS POLICY governs Your use of DistillerSRTM and/or other cloud-based online services (collectively, the “Services”) offered by DistillerSR Inc. (formerly Evidence Partners Incorporated) (“Vendor” or “we”/”our”) in connection with the Customer’s purchase of subscription(s) for access to the Services pursuant to the Agreement. This Policy describes activities that are prohibited in connection with Your use of the Services, which may be updated from time to time.
Please note that in the case an executed MSA exists between the Parties, the terms and conditions of that MSA shall control and take precedence over this Policy in the event of a conflict.
1. DEFINITIONS
Unless otherwise indicated, all capitalized terms used but not defined have the meanings given to them in the Terms of Service or MSA to which this Policy is incorporated into and thereby made a part of. Unless specified elsewhere in this Policy, the following terms shall have the meanings ascribed to them:
“Agreement” means either (i) the Terms of Service and all referenced Policies and Statements therein; (ii) Proposal with DSR Subscription Terms and all referenced documents therein; or (iii) an executed MSA and all referenced documents therein.
“Policy” means this Acceptable Use Policy, as amended from time to time.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Proposal with DSR Subscription Terms” means a signed Proposal including all relevant schedules, and all referenced documents entered into by Vendor and Customer, which governs the purchase and use of the Services and this Policy, and makes up the binding contractual relationship.
“MSA” means the master subscription agreement, or other equivalent negotiated contract, including all relevant schedules, referenced documents, and Order Forms entered into by Vendor and Customer, which governs the purchase and use of the Services and this Policy, and makes up the binding contractual relationship.
“Terms of Service” means the contractual terms found on the DistillerSR login page, that includes this Acceptable Use Policy, and the Privacy Statement, and makes up the binding contractual relationship between Vendor and You if no MSA is in place.
“User Data/Content” means all electronic data or information (i) uploaded by You in the process of using the Services; (ii) calculated and populated in a form(s) by the Services as part of the Your created workflow following the uploading of such electronic data and/or information; (iii) created as a result of additional inputs by You in the process of using the Services; and/or, (iv) generated by the Services in the form of output data (i.e. reports) received by You.
“You” or “Your” means you, as an individual, as the end user of the Services.
2. YOUR RESPONSIBILITIES
You agree not to use, or to encourage, promote, facilitate or instruct others to use the Services as follows:
No Illegal, Harmful, or Offensive use of Service or User Data/Content
(a) To engage in, promote, or encourage activities in violation of any applicable law, regulation, governmental order or decree or legal agreement;
(b) To violate, or encourage violation of the legal rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary rights of Vendor or another;
(c) To use, upload, store, share, host, copy, distribute, display, publish, transmit, or send User Data/Content that is or may be deemed offensive, inflammatory, hateful, infringing, defamatory, discriminatory, obscene, threatening, libelous, abusive, invasive of privacy, harmful to others, objectionable, or otherwise unlawful or tortious material;
(d) Send or store Malicious Code (whether intentional or inadvertent);
(e) In a way that could harm the Service or impair anyone else’s use of the Services; and (f) For any unlawful, invasive, defamatory, infringing, or fraudulent purpose.
No Security Violations
(a) To access or probe (or attempt to access or probe) any network, computer or communications system, software application, or network or computing device systems (each, a “System”) without authorization, including, but not limited to, breaches, vulnerability scans, or penetration testing;
(b) To disable, interfere with, or circumvent any aspect of the Services; and
(c) To breach any security or authentication measures used by a System or the Services.
No Network Abuse
(a) To damage, disable, overburden, or impair the Services or a System;
(b) To store or transmit any User Data/Content that contains or is used to initiate a denial of service attack, software viruses or other Malicious Code;
(c) To monitor or crawl a System that impairs or disrupts the System being monitored or crawled;
(d) To interfere with the proper functioning of any System, including any deliberate attempt to overload a System by mail bombing, news bombing, broadcast attacks, or flooding techniques;
(e) To operate network services like open proxies, open mail relays, or open recursive domain name servers; and
(f) To disable, interfere with, abuse, disrupt, intercept, circumvent, or otherwise violate the security of the Services, or to avoid any use limitations placed on a System.
No E-Mail or Other Message Abuse
(a) To distribute or facilitate distribution of unwanted, unsolicited or harassing mass e-mails or other messages, promotions, advertising, or solicitations (“Spam”);
(b) To alter, forge, or obscure mail headers or assume a sender’s identity without permission; and
(c) To collect replies to messages sent from another Internet service provider in violation of this Policy or the Internet service provider’s policies.
No Hazardous Use
(a) In any application or in a manner where failure of the Services could lead to the death or serious bodily injury of any person, or severe physical or environmental damage.
3. MONITORING AND ENFORCEMENT
Vendor reserves the right, but does not assume the obligation, to monitor and investigate violations of this Policy or misuse of the Services. Failure to comply with or breach of this Policy constitutes a material breach of the terms and conditions upon which You are permitted to use the Services, and, at any time, may result in Vendor taking any and all actions in its sole discretion, including with immediate effect based on Vendor’s reasonable judgment, up to and including:
(a) warnings;
(b) suspending or terminating access to the Services;
(c) removing, or prohibiting access to, or modifying content that violates this Policy or any agreement that Evidence has with You for use of the Service; and/or
(d) legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Without notice to You (unless required by law), Vendor may report any activity that Vendor suspects violates any law or regulation to appropriate law enforcement authorities, or regulators. Vendor’s reporting may include disclosing Your account information and/or Your User Content/Data. Vendor may also cooperate with law enforcement agencies or regulators to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy. Vendor excludes and disclaims all liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and Vendor may take any other action it reasonably deems appropriate.
4. REPORTING OF VIOLATIONS
If You become aware of any violation of this Policy, You must notify Vendor immediately and reasonably cooperate in any efforts to stop or remedy the violation.