This acceptable use policy (hereinafter “AUP”) is entered by and between

COMPANY (or “We”), which means and includes Our successors, assigns and affiliates), and YOU, personally or the person on whose behalf You legally act (hereinafter referred to as “You”),

defines acceptable practices relating to the use of the Company’s Website https://appsberry.com (hereinafter “Website”), software products, web-platforms, applications, online complex tech-for-tech products and services (collectively, “Services and Software”) by You and Your users, partners, contractors, users that have gained access thereto.

General provisions

By using Services and Software, You acknowledge that You and Your Users are responsible for compliance with AUP. This policy applies to messages sent through or any form of content shared or made available via Services and Software, Our Website, over any network by You or any person on Your behalf. You are responsible for violations of AUP by any user that accesses Services and Software through Your account or any user account registered to or associated with You or Your users.

The Company reserves the right to modify AUP at any time without notice. We may attempt to notify You of any such modifications via e-mail or other type of notification.

Any capitalized terms that are not defined in this AUP have the meaning ascribed to such terms elsewhere in the Terms of Service Agreement (“Agreement”).

Respect Our rights and business

You may not disable, circumvent, or otherwise interfere with the security of Services and Software or features that prevent or restrict the use or copying of any content or impose restrictions on the use of Services and Software. It is prohibited to use or distribute tools designed to violate the level of security, as well as tools containing viruses or trojans.

If You are involved in a security breach, the Company reserves the right to share any relevant information involved in such breach with system administrators at other sites in order to assist them in resolving incidents.

Do not access Services and Software by any means other than through those that We provide to You. Do not (and do not aid or permit any third party) attempt to do any of the following without Our express written authorization:

1. copy or adapt any object code or attempt to reverse engineer or discover any source code that makes up Services and Software;
2. scrape, mine, or otherwise extract or copy any data, content, or materials from Services and Software (other than as a result of a standard search engine or Internet browser functionality); or
3. resell, lease, or otherwise provide any third party with access to Services and Software other than as expressly contemplated in Agreement.

Do not use Services and Software to create any application, integration, platform, or service that competes with Services and Software in whole or in part.

Our contacts to send a complaint

If You believe any content or part of Services and Software, Website infringes or violates Your rights, for example, IP rights or proprietary rights, please send notice to Us at help@appsberry.com. In Your notice, please include all of the following:

• Your full name and Your electronic or physical signature.
• Your contact information, including mailing address, telephone number and email address.
• Identification of the material that You claim is infringing Your rights and information reasonably sufficient to permit Us to locate that material;
• An explanation of the rights that You own/have and why You believe the material You have identified infringes/violates those rights, sufficient for Us to evaluate Your complaint.

Upon receipt, We will evaluate Your complaints. We may ask You to provide additional information. Please also note that the information provided in any such notice may be forwarded to the applicable user (if applicable).

No obligation to monitor

We bear no responsibility and will not monitor Your Content or use of Services and Software for compliance with this AUP, Agreement, or any applicable policies and regulations. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any content, or to actively seek facts or circumstances indicating illegal activity. In accordance with applicable law, We reserve the right (but undertake no obligation) to, in Our sole discretion and without notice or liability, take down or delete any content, and to suspend or terminate access to and use of Services and Software by any person for violation of this AUP, Agreement or any applicable policies and regulations. You will provide reasonable cooperation in any investigation or action regarding suspected or alleged violations.

Investigations

You agree to promptly investigate all complaints regarding Your violations of AUP and take all necessary actions to remedy any violations. The Company isn’t responsible for notifying You of such received complaints. Nevertheless, in some cases, We may do so at Our own discretion and inform the complainant that You are investigating the complaint.

You shall make the most in order for all the complaint reports of third parties to be considered and resolved promptly. If the Company shall become aware of an AUP violation, the Company may initiate an investigation that may include collecting information from You within the terms specified by the Company. You shall comply with all reasonable requests pursuant to investigations. You shall cooperate with the Company in good faith. If You shall not provide assurances that You shall not violate AUP, or in case You shall not get in communication with the Company (including ignorance of notifications within the period specified by the Company), the Company may suspend Services and Software or terminate the Agreement.

The Company shall fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement authorities any suspected illegal activities that the Company may become aware of. The Company reserves the right to disclose Your or Users’ information to the extent authorized by law. Company reserves the right to access, read, preserve, and disclose any information as the Company reasonably believes is necessary to:

1. respond to any applicable law, regulation, legal process, or governmental request; or
2. enforce AUP, including investigation of potential violations hereof; or
3. detect, prevent, or otherwise address fraud, security, or technical issues; or
4. respond to all the requests; or
5. protect the rights, property, or safety of the Company, Our partners, and the public.

Prohibited Uses

It is prohibited to use Services and Software, Our Website for or in connection with:

1. Distribution or provision of access to materials (content, software, torrent trackers, online cinemas, etc.) in violation of the intellectual property rights of any person, including, but not limited to, violation of copyright, related rights.
2. Dissemination of any information, photo, or video materials that encourage, propagandize, directly or indirectly:
   • military actions, justify war and/or military actions or any encroachment on states’ territorial integrity and sovereignty; or
   • national, ethnic, racial, religious controversy, all types of chauvinism, information that constitutes incitement, appeal, justification, or encouragement of any discrimination, hostility, violence, cruelty to animals, destruction, property damage; or
   • terrorism
3. Distribution of sexual or erotic materials that depict people under the age of eighteen (18) or in such a way as to suggest that they are under the age of eighteen (18), as well as other forms of sexual or erotic materials that are prohibited by applicable law (by the law of every and all states in whose territory the said materials are available).
4. Posting materials that contain information that depicts incest, snuff, excrement, or excretion of human body waste on another person, depicts or is associated with mutilation, rape, or zoophilia.
5. Distribution or promotion of information, materials, goods, or services violating a third party’s trademark (logo, name, title) rights, patent rights, and trade secrets.
6. Sending messages to unsolicited mail, including sending “spam” or other promotional materials to persons who do not directly request such materials, or with whom You have no business relationship; distributing, advertising or promoting software or services whose primary purpose is to encourage or facilitate the operation of unsolicited commercial email or spam, as well as mailing or advertising with elements that may be considered obscene, offensive, harassing, threatening.
7. Distribution of malware and other similar software or illegal codecs distribution.
8. Implementation of actions aimed at seizing control (escalation of rights) over a remote/local computer system, or destabilizing it, or denial of service, or for similar purposes.
9. Collection, processing, publication, or dissemination of information violating privacy rights and obligations to maintain confidentiality or protect personal data.
10. Hacking attempts (phishing, fraud, etc.).
11. Causing damage to other people or entities.
12. Fraud and activities that require obtaining prior permits or licenses without such permits or licenses.
13. Creation and distribution of scripts and/or software for automatic account creation and automated reporting.
14. Dissemination of false or distorted information, including disinformation campaigns, as well as offensive and similar information.
15. Distribution of information about suicide and self-harm intended to shock or engage in such activities, as well as dissemination of materials that encourage dangerous or illegal activities.
16. Human trafficking, illicit sex work and pimping, sexual exploitation, trade in organs or human biological materials for donation.
17. Threats of bodily harm or other types of threats.
18. Promotion and distribution of prohibited or restricted services or goods, including, but not limited to illegally obtained financial information, explosives/weapons, endangered species, prescription pharmaceuticals, drugs, counterfeit documents or money, etc., including publishing or distributing instructions for its manufacture.
19. Forgery of signatures or other identifiers of any person, as well as participation in activities aimed at deceiving others about the user’s identity.
20. Implementation of deceptive marketing techniques and activities that require obtaining prior authorizations or licenses without such authorizations or licenses.
21. Actions intended to abuse, restrict or interfere with the actions of another person using Services and Software, including by generating excessive network traffic through the use of automated or manual functions that are not related to the usual, personal or business use of Services and Software.
22. Causing or attempting to cause security breaches or interruptions in Internet communications.
23. Performing any form of network monitoring that shall intercept data not intended for You.
24. Bypassing user authentication or security of any host, network, or account.
25. Interfering with or denial of service to your own websites (for example, a denial-of-service attack).
26. Using any program/script/command or sending messages designed to interfere with or disable another person’s dialog session.
27. Providing false or incorrect data, including fraudulent use of credit card numbers, or attempting to circumvent or alter the processes or procedures for measuring usage time, bandwidth, traffic, storage, or any other resource usage.
28. Causing concerns through the use of a particular language, sending frequency or message size.
29. Unauthorized use or forgery of message header information.
30. Soliciting a mailing address or any other email address other than an advertising account or services for the purpose of stalking or collecting responses.
31. Creating or forwarding “chain letters” and any other type of “pyramid schemes”.
32. Use of unsolicited email generated as part of the use of Services and Software or networks of other Internet service providers on our behalf or for advertising any Services and Software or enabled through Services and Software.
33. Exporting, re-exporting, or allowing the download of any content in violation of applicable export-import laws or without all necessary approvals or licenses.
34. Any intrusive or harmful actions within any directly or indirectly connected network, utilizing or not any code (scripts, utilities, bots, etc.) or methods, including but not limited to: server alert messages or any messages sent on an injection basis; bypass or attempt to bypass any user authentication or host, network or account security system; access, attempt to access, including allowing third-party access to data or content not intended for a particular user; probing or in any way examining network security level in general or of any part of the network; creation of multiple processes or any similar actions causing network overload; port scanning, query flooding, packet forgery, routing information spoofing; denial-of-service attacks, traffic sniffers, flooding, spoofing, ping attacks, smurf attacks, WinNuke attacks, land and teardrop attacks, malware propagation, as well as IRC bots utilization such as Eggdrop or BitchX, etc., regardless of whether the actual intrusion leads to damage or loss of data.
35. Carrying out any other illegal activity or violating any applicable law, the rights of third parties in the territory of any country where you operate, or Your Content is available.