This Acceptable Use Policy for KDB.AI Cloud Starter Services (“Services”) identifies activities that you are prohibited from engaging in when using the Services.
Please report violations of this Policy to privacy@kx.com. When reporting by email, please include the words “Acceptable Use Policy” in the subject.
This Acceptable Use Policy may be updated by KX from time to time upon reasonable notice (which may be provided through the Services or by posting an updated version of this policy). Without prejudice to any of our other rights, any violation of this Acceptable Use Policy may result in the suspension or termination of your access to and use of the Services or any KX offering. You acknowledge that we may (but are not obligated to) remove or disable access to any of your End User Materials, or interrupt any or all Services, at any time at our own discretion.
In order for us to provide the Services to you at no charge, we have implemented certain cost saving elements within the architecture of the Services including, among other things, the use of a multi-tenant environment with limited data security protections. In addition, our personnel have generally unrestricted access to your account and any data used or exposed to the Services for the purposes of monitoring and improving the quality of the service. Therefore, you should have no expectation of privacy regarding the End User Materials you submit or otherwise make available in any way to the Services and you must limit your End User Materials to only that data and other information that you can afford to lose, or have accessed, obtained or disseminated by other parties.
You may not, in connection with your use of the Services:
- Illegal Activities
- act a way prohibited by law, regulation, governmental order or decree;
- engage in activity or conduct likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws;
- use the Services for illegal, threatening, or offensive uses, or for similarly objectionable purposes, such as propagating hate or violence or causing harm to others or to our reputation or for any illegal or fraudulent activity;
- Violate the Rights of Others
- Use the Services
- in a way which would violate the rights of others;
- to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- to transact in, or facilitate activities related to, misappropriating another individual’s identity, including, but not limited to, improperly obtained credit card information and/or account credentials;
- Use the Services
- Interfere with the functioning of the Services
- interfere with the proper functioning of the Services, any network or any system;
- monitor or crawl on any network or system that impairs or disrupts that network, system or the Services;
- use manual or electronic means to avoid any use limitations placed on the Services, or a network or system, such as access, use and storage restrictions;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
- use the Services in a way that could harm the Services or impair anyone else’s use of them;
- violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
- Unauthorized Access
- defeat or attempt to defeat any security mechanism of the Services;
- attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);
- Excluded Data
- Upload to the Services or use the Services to hold and/ or process any of the following categories of data: (i) any personal data (as defined in the General Data Protection Regulation (EU) 2016/679 (“GDPR”)); (ii) any credit card payment data or data related to a person’s financial affairs, (iii) any data relating to vulnerable persons or data relating to children, (iv) sensitive personal data (such as national identification number, passport number, social security number, or driver’s license number), or special category personal data (including personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation); (v) any personal data relating to criminal convictions or proceedings; or (vi) any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act or any similar federal or state laws, rules or regulations (“HIPAA Data”) (unless we have entered into a business associate agreement with each other governing our respective obligations with respect to any such HIPAA Data);
- SPAM/Malware/Viruses
- distribute, publish, send or facilitate the sending of unsolicited bulk e-mail or other messages, promotions, advertising or solicitations (“spam”), including commercial advertising and informational announcements, or violate the CAN-SPAM Act;
- send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- use the Services to spam or distribute malware;
- distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”);
- combine or link the Services with copyleft materials (being materials subject to any license that requires as a condition of use, modification, or distribution thereof, that such materials, or materials combined or distributed with such materials, be (1) disclosed or distributed in source code or similar form, (2) licensed for the purpose of making derivative works, or (3) redistributable at no charge);
- Harmful/Offensive Use or Consent
- publish, transmit via or store on the Services any content or links to any content that:
- infringes, misappropriates or violates the intellectual property or proprietary rights of others;
- is defamatory, obscene, abusive, invasive of privacy or otherwise objectionable;
- may damage, interfere with, surreptitiously intercept or expropriate any system, program or data, including viruses, Trojan horses, worms or time bombs;
- could lead to death or serious bodily injury of any person, or to physical or environmental damage.
- publish, transmit via or store on the Services any content or links to any content that: