This Acceptable Use Policy ("AUP") sets forth guidelines for acceptable use of Blackbaud, products, programs and services ("Blackbaud, Services"), by our customers, resellers, partners and other users of Blackbaud, Services (each, a "Client"). The guidelines and restrictions in this AUP on use of the Blackbaud, Services by a Client shall apply equally to the Client's employees, volunteers, and any other person or entity that is properly provided access to the Blackbaud, Services pursuant to the terms of a written agreement between Client and Blackbaud, (otherwise, Client is prohibited from provided such access) either directly or indirectly by the Client ("End Users"). This list is not meant to be exhaustive, but merely illustrative of examples of conduct deemed by Blackbaud, to be inappropriate, improper or harmful to Blackbaud, and therefore prohibited when using the Blackbaud, Services. By using the Blackbaud, Services, Client acknowledges that it has read, understood and agrees to comply with the terms of this AUP.
1. Illegal or Improper Use - Client will not, and will not allow or authorize its users to, use Blackbaud, Services to take any actions that (i) infringe on or dilute any Blackbaud, or other third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Blackbaud or its licensors or suppliers' infrastructure; (v) involves knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of emails in violation of the CAN-SPAM Act 2004; (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; or (viii) involves the unauthorized entry to any machine accessible via the Blackbaud, Services. Blackbaud, does not monitor or exercise any editorial control over any Client, End User or other third party created content accessible or delivered through Blackbaud, Services and Blackbaud, takes no responsibility therefor. Customer is therefore solely responsible for such content and any and compliance with all laws applicable to the publication and distribution of such content.
3. Cooperation - If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Blackbaud, of any such violation and Client shall take all necessary action to cease such violation. Client shall cooperate with Blackbaud, in any corrective action that Blackbaud, deems necessary to address such violation in cooperation with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity. To the extent that Blackbaud, becomes aware of any content or activities that Blackbaud, deems, in its sole discretion to be in violation of this AUP, Blackbaud, may immediately block access to such content, suspend or terminate any Blackbaud, Services, cooperate with third parties in response to any legal process, such as a court order or subpoena, or take other action Blackbaud, deems appropriate.
4. Blackbaud, Programs - Client understands and agrees that Blackbaud, sponsors certain programs for "partners" and other third parties, including without limitation the Sphere Connect™ Application program, which require such partners and other third parties to enter into an agreement with Blackbaud, prior to using any services or receiving any benefits or information associated with these programs. Client agrees that in the event that Client accesses any such program it may be eligible for, Client agrees to abide by the terms and conditions applicable to such program.Blackbaud, reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy to the Blackbaud, website. Notwithstanding anything in the Agreement to the contrary, Blackbaud, reserves the right to archive system generated detail data (“System Generated Data”) associated with use of the Blackbaud Sphere platform in order to provide ongoing maintenance and optimize overall system performance. Any violation shall be or suspected violation of this AUP Policy shall be immediately reported to email@example.com.