Acceptable Use Policy (AUP) and Service Level Agreement (SLA)


Version 1.4: May 22nd, 2023

This Acceptable Use Policy (“AUP”) describes activities that are not allowed on the Xojo Cloud network. The AUP is incorporated by reference in your Agreement with Xojo Cloud.

Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.

Inquiries regarding this policy should be directed to abuse@xojo.com.

Abuse

You may not use the Xojo Cloud or any Xojo services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;

Use of an internet account or computer without the owner's authorization;

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;

Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services;

Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);

Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;

Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;

Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "ad/remove" tool);

Any conduct that is likely to result in retaliation against the Xojo Cloud or the Xojo website, or Xojo, Inc.’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);

Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;

Interference with service to any user of the Xojo Cloud or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;

Any action which directly or indirectly results in any of the Xojo Cloud IP space being listed on any abuse database (i.e. Spamhaus);

Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or

Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Xojo.

Excessive Use of System Resources

You may not use any shared system provided by the Xojo Cloud in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.

Third Party Conduct

You are responsible for violations of this AUP by anyone using your Services with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.

You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including (but not limited to) the use of user authentication and prepared statements (to avoid SQL injection attacks) within your hosted applications. Our right to suspend or terminate your Service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.

Mail Requirements

You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor the recipient's and the Xojo’s requests to produce consent evidence within 72 hours of receipt of the request;

You have procedures in place that allow a recipient to revoke their consent — such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;

You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

You must have a Privacy Policy posted for each domain associated with the mailing;

You have the means to track anonymous complaints;

You must not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the "TO" line of the e-mail;

You must honor revocations of consent and notify recipients of the same; or

You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days;

These policies apply to messages sent using the services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the services. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Xojo Cloud system or network, or to breach the Xojo Cloud security or authentication measures, whether by passive or intrusive techniques. Additionally, you may not perform such testing of your own Xojo Cloud server without Xojo's prior written consent.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your Xojo Cloud services.

Export Control

The Services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or your applicable jurisdiction. The Services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.

Intellectual Property and Other Proprietary Rights

You may not use our Services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:

You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;

You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and

You may not display another person's trademark without permission.

In addition, you may not use the Services to publish another person's trade secrets, or to publish information in violation of a duty of confidentiality. It is Xojo's policy to terminate the services of customers who are repeat infringers in appropriate circumstances.

Cooperation with Investigations and Legal Proceedings

If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.

We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Offensive Content

You may not publish, transmit or store on or via the Xojo Cloud or equipment any content or links to any content that the Xojo, Inc. reasonably believes:

Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts; , or otherwise unlawfully exploits persons under 18 years of age;

Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence or contains harassing content or hate speech; or

is otherwise malicious, fraudulent or may result in retaliation against Xojo, Inc. by offended viewers.

Live Events

You may not use your Xojo Cloud server to stream live sex acts of any kind, even if the content would otherwise comply with this Agreement.

No High Risk Use

You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.

Copyrighted Material

You may not use the Xojo Cloud or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:

you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or

you are otherwise permitted by established copyright law to copy the work in that manner.

 

It is Xojo, Inc.’s policy to terminate in-appropriate circumstances the services of customers who are repeat infringers.

 

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Xojo Cloud.

Xojo Cloud is a reoccurring service, your credit card will be changed monthly on the same day of purchase. You may cancel Xojo Cloud anytime from your Xojo Cloud Control Panel. If we are unable to charge your credit card, we will email the address linked to this purchase twice. If after that we are not able to complete the payment, your Xojo Cloud server will be deleted.

Requests to reinstate servers deleted for lack of payment will incur a Reinstatement Fee equal to one month's fee for that server. Servers will not be reinstated until the fee and the payment due are both paid in full.

You may only use IP addresses assigned to you by Xojo in connection with your Xojo Cloud services.

You agree that if you register a DNS record or zone on Xojo Cloud managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Xojo may modify, transfer, or delete such records or zones.

You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.


Additional Services

If you require us to perform additional services on your server (including those due to an event that was not our fault), we may be able to perform such services at an additional cost. Please contact us for details.


Service Level Agreement

We guaranty that our data center network will be available 100% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the Xojo Cloud network extending from the outbound port on your edge device to the outbound port of the data center border router and includes Xojo Cloud managed switches, routers, cabling.

If your server is down for more than 1 hour in any given day due to technical problems with your Xojo Cloud Server caused by us (excluding scheduled maintenance), just ask us and we will give you credit for the entire day.

Our entire liability is limited to the fee you pay us for the service. You understand we will not be held responsible for any loss of income or any damages whatsoever on your part for any reason.

Changes to the AUP

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at https://xojo.com/store/cloudagreement.html, or in the event of a material adverse change to the AUP, by providing you thirty (30) days written notice.

The revised AUP will become effective as to you on the first to occur of: (i) your execution of a new or additional agreement for all or part of your Hosted System that incorporates the revised AUP by reference, (ii) the first day of a renewal term for an Agreement that begins at least thirty (30) days after the time that the revised AUP has been posted, or (iii) thirty (30) days following our written notice to you of a material change to the AUP.

If your compliance with the revised AUP would adversely affect your use of the Hosting Services, you may elect to terminate the Agreement by giving Xojo written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the Services for up to an additional ninety (90) days and we will not enforce the revision as to you during this time, you will continue to be subject to the prior version. If you choose to terminate your Services under this Subsection, we may decide to waive that change as to you and keep your Agreement in place for the remainder of the term.

Consequences of Violation of AUP

If you breach the AUP we may suspend or terminate your Services in accordance with the Agreement. We may intercept or block any content or traffic belonging to you or to users where Services are being used unlawfully or not in accordance with this AUP.

No credit will be available under the Xojo Service Level Agreement for interruptions of service resulting from any AUP violation.

Disclaimer of Warranty

Customer agrees to use all Services and any information obtained through or from Xojo, at Customer's own risk. Customer acknowledges and agrees that Xojo exercises no control over, and accepts no responsibility for, the content of the information passing through Xojo's host or provided 3rd party computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF XOJO, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "XOJO PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT XOJO PROVIDES. NO XOJO PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. XOJO IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY XOJO. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY XOJO PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.