Sitecore xDB Cloud Usage Policy

(last updated 28 August 2015)

A. As a Customer (“You” or “I”), who am I?

1. You hereby acknowledge and represent that you are a real person and/or an entity legally organized in any country not subject to U.S. sanction laws.

B. As a Customer, what am I prohibited from doing?

1. Except as authorized by applicable law or by Sitecore expressly in a signed written agreement, Customer will not: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of any part or all of the Services; (ii) rent, lease, lend, distribute, sell, assign, license, or otherwise transfer its right to access and use the Services; (iii) create derivative works based on the Services; or (iv) use the Services except as expressly allowed under a signed written agreement.

2. Attempting to or gaining unauthorized access to, negatively affecting, or in any way disrupting Sitecore or any third party’s access to, provision of, or use of Services by any means including by falsifying any credentials or protocol (e.g., “spoofing”), violating any rights of others, prohibited by law, in a way that could harm the online Services or impair anyone else’s use of it including for any high risk use (where failure or fault of the online Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).

3. Using the Services in a manner that violates, or in a manner that facilitates the violation of, any applicable law, rule or regulation, including without limitation any laws including regarding the export of data or software, privacy and data protection of Personal Data, spamming or distribution of malware, intellectual property protection, customer and child protection, obscenity, and defamation;

4. Using the Services in a manner that violates any social networking site’s terms and conditions associated with its procurement and use of Customer Data;

5. Using the Services in a manner that interferes with, or violates any regulation, policy, or procedure of, Microsoft Azure as set forth at the following web address: http://azure.microsoft.com/en-us/support/legal/ or MongoLab https://mongolab.com/company/legal/tos/;

6. Copy, distributing, using, practicing, performing, or otherwise making available to others any copyrighted material or any other intellectual property right where Customer does not have authorization or the legal right to do so (e.g., where facilitation of the unauthorized distribution of copyrighted materials through operation of a “hub”, “tracker”, or other file sharing mechanism, shall be considered identical to the actual illegal distribution of those copyrighted materials);

7. Transmitting or aiding in the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, or transmitting or aiding in the transmission of any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;

8. Except as expressly permitted by the Agreement, reproducing, duplicating, coping, selling, renting, assigning, licensing, trading, reselling, framing, mirroring or otherwise transferring, whether by itself or in concert with one or more additional services: (a) any portion of the Services (including Customer’s username); (b) use of the Services; or (c) access to the Services;

9. Damaging, disabling, overburdening, or impairing the Services (or any network connected to the Services), or using any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Sitecore) to access or use the Services;

10. Allowing any third parties (other than Users) to use the Sitecore Tools or access the Services except as is necessary to assist Customer in its Permitted Usage of the Services, and further provided that such use is within the scope of the activities Customer is itself authorized to perform under this Agreement, where Customer is fully liable to the extent allowed by law for any unauthorized use of the Sitecore Tools and/or the Services by third parties caused by any acts or omissions of Customer;

11. Sharing passwords or other non-public access information or devices or otherwise authorize any third party, except as expressly permitted by the Agreement, to access or use the Services; or

12. Providing Sitecore with any access to, require the storage of, or to process any Restricted Data from Customer or any Customer affiliates in connection with the Services.

C. As a Customer, what must I do?

1. Take down any Customer Data or Customer Application that may violate the Sitecore Usage Policy promptly upon written request from Sitecore.

2. In the event you become aware of any known or suspected violation by User(s) of this Sitecore Usage Policy, you shall immediately: (a) notify Sitecore in writing of the violation, (b) suspend such User’s access to any aspect of the Services, and (c) cooperate with Sitecore in any investigation of such known or suspected violation by User(s).

3. Customer acknowledges that the Services are designed with capabilities for Customer to access the Services Environment without regard to geographic location and to transfer or otherwise move Customer Data and Customer Applications between the Services Environment and other locations such as Customer workstations. Customer shall authorize and manage User accounts, as well as export control and geographic transfer of Customer Data and Customer Applications. Customer shall obtain any required consents from Users or anyone else whose Personal Data will be processed by the Services, and hereby represents and warrants that any transmission of such Personal Data shall be fully compliant with applicable law. Additionally, Customer shall promptly notify Sitecore of any such transfer of EEA Personal Data that would require entering a model contract or other approved mechanism under the EUDPD and/or FADP.

4. Customer shall bear all responsibility for and protect the privacy and legal rights of all Users, and provide legally adequate privacy notices and protection for the Users.

5. Customer shall be solely responsible for the accuracy, quality, content, legality and intellectual property ownership or right to Customer Data and to Customer Applications. Sitecore reserves the right to review, refuse, or remove any or all Customer Data or Customer Applications from the Services to comply with applicable law. Customer shall maintain appropriate administrative, physical and technical safeguards in respect of such Customer Data and Customer Applications including but not limited to appropriate notice and takedown procedures (e.g., under the Digital Millennium Copyright Act), data retention process, and similar data security and data management policies. Customer agrees Sitecore has no responsibility or liability for the deletion, accuracy, correction, or failure to store or restore any Customer Data except as provided in Section 5 hereto.

6. Customer acknowledges that the Services are highly configurable and that any Customer Data or Customer Applications used in conjunction with Services are within Customer’s control, as further described in the Documentation.

7. Customer shall require all of Customer’s Users to comply with this Usage Policy. If Customer provides terms to Users that create greater liability to Customer than the liability assumed by Sitecore under this Agreement, Customer agrees it will not have any recourse with Sitecore for such terms.