Legal Documents

OpenMetal, Inc.
Acceptable Use Policy

Last Updated: January 1, 2023

  1. The following ACCEPTABLE USE POLICY (“AUP”) supplements and is subject to OpenMetal, Inc.’s (“Company”) Universal Terms of Use (“UToU”), which are incorporated herein by this reference. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the UToS. In the event of a conflict between the AUP and the UToU, this AUP shall control. Customer acknowledges that Customer has read this AUP.
  2. Subject to Company’s Privacy Policy, Company does not monitor any content that is submitted to, stored on, or distributed or disseminated by Customer via the Products or Customer’s website(s), Customer’s customer(s) and/or Customer’s user(s) (collectively, the “Customer Content”).  By implementing, using, posting or publishing Customer Content to the Website(s) or through the Products, Customer represents and warrants to Company that (a) Customer has all necessary rights to use and distribute Customer Content and (b) Customer Content does not violate the rights of any third party(ies).
  3. The Websites and Products may only be used for lawful purposes under this AUP and the UToU.
  4. Customer is prohibited from using the Websites or Products:
    1. In any manner that violates any federal, state, international, or local law or regulation;
    2. In any manner that violates any other applicable policy maintained by Company, including without limitation the UToU or Privacy Policy; 
    3. In a manner that interferes with Company’s activities or business, interferes with Company’s delivery of the Products or harms any of Company’s customers, affiliates, directors, officers, employees, partners, brands, or Products;
    4. To threaten, bypass, or destroy any security mechanism used with or incorporated in the Websites or Products;
    5. To disparage, denigrate, insult, or otherwise make pejorative statements about Company and/or any of its affiliates, directors, officers, employees, partners, brands, or Products;
    6. To transmit any materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;
    7. To violate the rights of others;
    8. To harm, or attempt to harm, minors in any way;
    9. For any illegal or fraudulent activity;
    10. For any content or activity that promotes child sexual exploitation or abuse;
    11. To violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
    12. To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of a Product and/or the Websites’ functionality;
    13. To impersonate Company (including any Company personnel), any user of the Websites and/or Products, or any other person or entity;
    14. To transmit any content, data, or material that infringes upon the intellectual property rights or other personal rights (including privacy) of any third parties;
    15. To use the Products and/or Websites in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
    16. To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
    17. To use the Websites or Products to collect information about other users, including telephone numbers or email addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind;
    18. To use the Products or Websites to record or monitor a telephone call, virtual communication or any other communication without first obtaining express consent from the participants per applicable law;
    19. In any manner that can reasonably be considered contrary to the Company’s goodwill, public image, and overall reputation;
    20. To express or imply that any user’s statements, activities, or causes are endorsed by Company;
    21. To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent;
    22. To divulge any of Company’s (or any of its affiliate’s) proprietary information;
    23. In any manner that promotes any illegal activity; 
    24. To post and/or store material that promotes, incites, or facilitates acts of violence, hate speech, terrorism or other serious harm;
    25. To publish or post the personal information of a person or entity with the purpose of inciting violence or harassment toward that individual or entity (“doxxing’);
    26. To use or implement cryptocurrency mining, cryptominting, render farming, committing or promoting any type of illegal activity including, but not limited to, fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez,” “hacking,” “cracking,” “key generators,” gambling, obscene material or be used in the traffic of illegal materials; 
    27. To use or post banner advertisement services for display on other websites or devices (commercial banner ad rotation); 
    28. To file use or post dump or mirror scripts that allow an anonymous user to upload a file for others to download; 
    29. To use or post push button mail scripts that allow the user to specify recipient email addresses;
    30. To use or post anonymous or bulk SMS gateways; 
    31. To use or post BitTorrent trackers; 
    32. To use or post any script or application that causes a degradation in the performance of our servers or network environments; or
    33. To use or post ad-servers, attempts to circumvent quota systems owned by “nobody,” certain podcasting sites, use of torrent software, proxies, excessive resource usage or “core dumping,” attempting to circumvent any of Company’s or other websites security policies, procedures, or systems.
  5. Customer understands and agrees that Company, in its sole and absolute discretion, determines whether any information transmitted or received violates this Section and may investigate any suspected violation of this AUP or the UToS, and remove or disable access to any content or resource that violates this AUP, including Customer Content. Customer agrees to cooperate with Company to remedy any violation and cooperate with any law enforcement agency. When determining whether there has been a violation, Company may consider Customer’s ability and willingness to comply with this AUP, including the policies and processes Customer has in place to prevent or identify and remove any prohibited content or activity.
  6. Customer shall be solely responsible, will be held liable and shall indemnify and hold Company and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from Customer’s breach of this AUP and any and all of Customer Content that is submitted through a Customer Account.
  7. Customer shall be solely responsible and will be held liable and shall indemnify and hold Company and its employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party arising from the incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on the Websites, through the Products or on Company’s network, or denial of service, deliberate or not, caused by forging address resolution protocol queries or replies or by configuring internet protocol addresses into Customer’s hardware or software which were not assigned to Customer’s Account. The foregoing actions may result in disconnection of the Products and suspension or termination of a Customer Account, as determined by Company. Any loss of functionality of a Customer Account related to the foregoing actions will be and remain the Customer’s sole responsibility.
  8. While Company does not monitor Customer or a third-party’s use of the Websites and/or Products to confirm compliance with the terms of this AUP, UToS, or any other applicable Company policy(ies), if Company obtains any information of Customer’s violation of any such terms or policies, as determined in Company’s sole discretion, Company maintains the absolute right to delete any material (including Customer Content) Company deems illegal, inappropriate, or violative of any Company or applicable third-party terms or policy(ies). If Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate to address such behavior, which may include (but is not limited to) disclosing Customer’s personal information to a third party(ies) or law enforcement agencies and may suspend and/or terminate any agreement with Customer and/or Customer’s access to the Products and Websites. CUSTOMER HEREBY WAIVES AND HOLDS COMPANY HARMLESS, ALONG WITH COMPANY’S EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. In the event Company takes corrective action due to a violation of this AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take hereunder.
  9. Company requests that any person or entity who believes that a violation of this AUP or any other Company terms or policy(ies) has occurred may report the alleged violation(s) to Company. Such a report can be reported via Company online form, or by email sent to legal@openmetal.io or postal mail at the physical address listed below. The following information should be included in the report:
    1. Name of alleged violator(s);
    2. Date and time (including time zone) of the alleged violation(s);
    3. The IP address(es) used to commit the alleged violation(s);
    4. Description of alleged violation(s);
    5. Evidence of the alleged violation(s) (including screenshots and videos); and
    6. The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance).
  10. Any questions about this AUP can be submitted by e-mail or regular mail at the following addresses (by submitting a request Customer agrees to the terms of the Privacy Policy regarding Customer’s personally identifiable information):

OpenMetal, Inc.

Attn: Legal Department

555 S. Independence Blvd.

Virginia Beach, VA 23452

legal@openmetal.io