iboss Acceptable Use Policy

(Updated effective as of December 1, 2018)

This Acceptable Use Policy (“AUP”) between iboss, Inc. (“iboss”) and its customers (each, a “Customer” or “You” or “Your”) and end-users (each, an “End-User”) applies to Customer and End-Users’ use of iboss Property.

This AUP describes certain functionalities of iboss Property as well as unacceptable practices and prohibited actions while using iboss Property. As a Customer and/or End-User of iboss Property, You agree to abide by this AUP. As a Customer, You also acknowledge and agree that You will ensure that Your End-Users, including without limitation, any of Your employees, independent contractors, representatives, and agents, abide by this AUP, and that You will be responsible for violations of this AUP by Your End-Users.

iboss Property

Among other things, iboss Property enables Customers to:

·         Secure all aspects of Internet traffic including web filtering, SSL access, applications, bandwidth throttling/QoS, and on/off-premise mobile security;

·         Set restrictions on device functionalities, such as restrictions on use of camera features, Bluetooth, or WiFi;

·         Set and enforce policies for applications, such as blacklisted apps;

·         Set social media controls;

·         Monitor and secure SaaS data;

·         Wipe lost devices and monitor applications; and

·         Create compliance reports.

iboss does not monitor the content that Customer or any End-User transmits or receives through iboss Property.

Prohibited Uses

1.       No Infringing, Illegal, Threatening, Defamatory, and Offensive Uses. Neither Customer nor End-User may use iboss Property to violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority, including the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) and Electronic Communications Privacy Act (18 U.S.C. § 2510 et. seq). Without limiting the foregoing, neither Customer nor any End-User shall use iboss Property for, or in connection with, the following:

·      Theft or intentional infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.

·      Fraud, forgery, or theft or misappropriation of funds, credit cards, or personal information.

·      Export, re-export, or transfer restricted software, algorithms or other data in violation of applicable export control laws.

·      Deceptive practices such as posing as another service for the purposes of phishing or pharming.

·      Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion.

·      Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

2.       Necessary Consents. Customer and End-User understand and agree that: (i) Customer is solely responsible for obtaining all necessary and appropriate consents from End-Users to access, monitor, modify and use their devices via iboss Property; (ii) Customer shall not access, monitor, modify or use such devices via iboss Property without obtaining the prior written consent from each applicable End-User; and (iii) Customer shall not use iboss Property in any manner which exceeds the scope of any consents obtained pursuant to the preceding subparts “(i)” and “(ii)”.

3.       Security and Interference. Customer and End-User shall not use iboss Property (i) to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, iboss Property; (ii) in a manner that interferes with any other party’s ability to use and enjoy iboss Property, that interferes with iboss’ or its service partners’ ability to provide iboss Property, or that otherwise may create legal liability for iboss or its service partners in iboss’ sole discretion; or (iii) to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider. Without limiting the foregoing, Customer and End-User shall not use iboss Property for, or in connection with, the following:

·         Hacking, cracking into, or otherwise using the non-public areas of iboss Property or any other system without authorization.

·         Unauthorized probes or port scans for vulnerabilities.

·         Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.

·         Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.

·         Unauthorized network monitoring or packet capture.

·         Forged or non-standard protocol headers, such as altering source addresses.

·         Flooding.

·         Denial of Service (DoS) attacks of any kind.

·         Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

·         Operating network iboss Property such as: open proxies; open mail relays; or open, recursive domain name servers.

·         Sharing or publishing content from iboss Property to cause, or have the consequence of causing, the user of the content to be in violation of the terms and this AUP.

4.       Violations. If Customer or End-User becomes aware of any violation of this AUP by any third party, Customer or End-User, as applicable, shall promptly report such violation to iboss by contacting [email protected]

5.       Changes to Policy. This AUP is subject to occasional revision, and if iboss makes any substantial changes to this AUP, iboss will prominently post notice of the changes on iboss’ website and notify You of such changes via email. Any material changes to this AUP will be effective upon thirty (30) calendar days following such notice. Continued use of iboss Property, following notice of such changes, shall indicate acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.