This Usage Policy applies to any products or services hosted by Sitecore (collectively, “Cloud Services”) on behalf of its customers (each a “Customer”). The terms of this Usage Policy may be updated by Sitecore periodically at Sitecore’s reasonable discretion and made applicable thirty (30) days after email notice of the update is sent to Customer at the technical contact email provided by Customer.
The following terms are applicable to all Cloud Services:
A. What are Customer and its authorized users prohibited from doing?
- Using the Cloud Services to violate the rights of others;
- Using the Cloud Services to harm, overload, disrupt, or gain unauthorized access to any service, network, system, device, data or account provided or owned by Sitecore or any third party, including any other user of the Cloud Services;
- Using the Cloud Services in any situation where Customer knows or should reasonably know that failure or fault of the Cloud Services could lead to death or serious bodily injury of any person, or physical or environmental damage;
- Using the Cloud Services in a manner prohibited by applicable law, regulation or government order, including without limitation any laws regarding the export of data or software, email spamming, and distribution of malware;
- Erasing or removing any intellectual property right notice contained in the Cloud Services;
- Using automated scripts to collect information from or otherwise interact with the Cloud Services;
- Attempting to defeat, remove, or otherwise circumvent any software protection or monitoring mechanisms of the Cloud Services; and
- Authorizing or inducing any third party to do any of the above.
B. As a Customer, what must I do?
- Upon written request from Sitecore, Customer must promptly remove any data or application stored in the Cloud Services that violates this Usage Policy;
- In the event Customer becomes aware of any known or suspected violation by its user(s) of this Usage Policy, Customer shall immediately: (a) provide electronic notice to Sitecore of the violation, (b) suspend such user’s access to the Cloud Services, and (c) cooperate with Sitecore in any investigation of such known or suspected violation by Customer’s user(s);
- Customer acknowledges that the Cloud Services are designed with capabilities for Customer to access the Cloud Services without regard to geographic location and to transfer or otherwise move data and applications between the Cloud Services and other locations. Customer and not Sitecore shall authorize and manage all user accounts, as well as export control and geographic transfer of Customer’s data and applications;
- Customer shall be solely responsible for the accuracy, quality, content, legality and intellectual property ownership or right to Customer’s data and applications stored in the Cloud Services, including any applicable notice, takedown or other data security and data management policies. Sitecore reserves the right to review, refuse, or remove any or all Customer data or applications from the Cloud Services to comply with applicable law;
- Customer will require all of Customer’s authorized users to comply with this Usage Policy; and
- Unless back-up services are included in the Cloud Services that Customer orders from Sitecore, Customer is responsible for any backups of Customer Data used with the Cloud Services and will perform such backups on an environment separate from the Cloud Services.
The following terms are applicable to Sitecore® Managed Cloud Premium Services, or any bundled license offering that includes Sitecore® Managed Cloud Premium Services (collectively “Premium Cloud Services”):
- Customer must comply with the acceptable use policy of Rackspace, as set forth at the following web address: http://www.rackspace.com/information/legal/aup/php;
- Customer must comply with the terms of the Microsoft Customer Agreement for Azure currently found at https://azure.microsoft.com/en-us/support/legal/subscription-agreement/, which may be updated by Microsoft from time to time;
- Where optional Add-On Premium Services are purchased by Customer, Customer must also comply with, in the case of the Advanced Application Services, the terms set forth at: https://www.rackspace.com/information/legal/rackspaceappsvcs, and in the case of PDR Services, the terms set forth at: https://www.rackspace.com/information/legal/proactive-detection-response and https://www.alertlogic.com/docs/Alert-Logic-End-User-License-Agreement.pdf;
- Customer understands and acknowledges that third party services providers are involved in the Premium Cloud Services, and that such third party service providers will have access to Customer’s data or applications which are supported or included as part of the Cloud Services and may contact Customer regarding the Cloud Services and related workload and IT infrastructure needs of Customer; and
- To the extent Customer requests that any third party software be installed, supported or patched by third party service providers involved in the delivery of Premium Cloud Services, Customer must have a written license agreement with such third party software vendor and Customer agrees to provide, upon request and within a reasonable time period, certification and evidence of Customer’s compliance with the terms and conditions thereof.
The following terms are applicable to Sitecore® Email Experience Management Delivery Cloud Services (“EXM Services”):
- Customer must fully implement all required technical reputational features prior to using the EXM Services (in accordance with the Documentation); and
- Customer must comply with the following message policy: https://www.sparkpost.com/policies/messaging/.
The following terms are applicable to the Sitecore® Send Services:
- Customer agrees to use the Sitecore Send Services in compliance with the Sitecore Send Messaging Policy: https://www.sitecore.com/trust/policies/sitecore-send-messaging-policy;
- Notwithstanding anything to the contrary in the Agreement, if Customer is not in compliance with the Sitecore Send Messaging Policy, Sitecore may, in its sole discretion, take any action it deems appropriate regarding Customer’s access to the Sitecore Send Services, including without limitation, immediate suspension of Customer’s access to the Sitecore Send Services or termination of the Order for Sitecore Send Services without notice;
- Sitecore reserves the right to take applicable action(s) to verify that email campaigns sent using the Sitecore Send Services are compliant with the with the Sitecore Send Messaging Policy; and
- The Sitecore Send Services may contain links to websites or resources, owned or operated under the supervision of third parties other than Sitecore (“Linked Sites”), and Sitecore does not control and is not responsible for the operation, content, privacy policies or the security of such Linked Sites. Visiting and accessing Linked Sites occurs at Customer’s own responsibility and risk, without any involvement from, or liability of, Sitecore. Customer is responsible for reading and complying with the privacy statements and terms of use posted on any and all Linked Sites. Sitecore does not endorse, make any warranties and is not responsible for any data, software or other content and products or services available from Linked Sites. Customer acknowledges and agrees that Sitecore shall not be held liable, directly or indirectly, for any damage or loss relating to the use of or reliance upon such data, software or other content on any Linked Sites. Where the Sitecore Send Services refer through “links” or “hyperlinks” to Linked Sites, the owners and/or operators of Linked Sites bear full (civil and criminal) responsibility for the security, legitimacy and validity of their site content, to the exclusion of any liability of Sitecore.