| Acceptable Use Policy
1. DEFINITIONS. This Acceptable Use Policy (the "Policy") incorporates
by reference the definitions posted
on the Ellie Mae Web site and any successor Ellie Mae Web site.
2. SCOPE. This Policy governs the usage of the Ellie Mae Web Site
and each of the Ellie Mae Products and Services. This Policy is incorporated
by reference into each contract Ellie Mae enters into with a Client
for the use of such Products and Services. Ellie Mae may modify this
Policy at any time without notice. In addition, this Policy is incorporated
by reference into the Terms of Use applicable to the Ellie Mae Web
Site so that no person who utilizes the Ellie Mae Web Site (regardless
of whether that person is a Client) may take any action utilizing
the Ellie Mae Web Site that a Client would be prohibited from taking.
3. PURPOSE. The purpose of this Policy is to enhance the quality
of the Ellie Mae Products and Services and to protect Ellie Mae's
Clients, and the Internet community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy applies to each Client
and its employees, agents, contractors or other users of such Client
who obtain Products or Services from Ellie Mae (each such person
being a "User").
4. PROHIBITED USES. Users may not:
4.1 Utilize the Ellie Mae Products and Services to send mass unsolicited
e-mail to third parties. Without limiting the generality of this
rule, Users may not: (a) Utilize the Ellie Mae Products and Services
for chain letters, junk mail, "spamming" or (except to the extent
otherwise expressly permitted by a Services Agreement between the
User and Ellie Mae) commercial solicitations.
4.2 Utilize the Ellie Mae Products and Services in connection with
any illegal activity. Without limiting the generality of this rule,
Users may not: (a) Utilize the Ellie Mae Products and Services to
upload, post, reproduce or distribute any information, software or
other material (including text, graphics, music, videos or other
copyrightable material) protected by copyright or any other intellectual
property right (as well as rights of publicity and privacy) without
first obtaining the written authorization of the owner of such rights.
(b) Utilize the Ellie Mae Products and Services in any way to express
or imply that any opinions contained in Client's Electronic Communications
are endorsed by Ellie Mae. (c) Utilize the Ellie Mae Products and
Services to misappropriate or infringe the patents, copyrights, trademarks
or other intellectual property rights of any third party; (d) Utilize
the Ellie Mae Products and Services to traffic in illegal drugs,
illegal gambling, obscene materials or any other products or services
that are prohibited under applicable law; or (e) Utilize the Ellie
Mae Products and Services in any manner that violates applicable
laws or regulations, including without limitation any laws or regulations
applicable to the use of any Ellie Mae Products or Services in marketing
Client's products and services and in the origination and processing
of loans.
4.3 Utilize the Ellie Mae Products and Services in connection with
any tortious or actionable activity. Without limiting the generality
of this rule, Users may not: (a) Utilize the Ellie Mae Products and
Services to publish or disseminate information that (A) constitutes
slander, libel or defamation, (B) publicizes the personal information
or likeness of a person without that person's consent or (C) otherwise
violates the privacy rights of any person. (b) Utilize the Ellie
Mae Products and Services to threaten persons with bodily harm, to
make harassing or abusive statements or messages, or to solicit the
performance of acts or services that are illegal under applicable
law.
4.4 Utilize the Ellie Mae Products and Services in connection with
any other disruptive or abusive activity. Without limiting the generality
of this rule, Users may not: (a) Utilize the Ellie Mae Products and
Services to cause denial of service attacks against Ellie Mae or
other network hosts or Internet users or to otherwise degrade or
impair the operation of Ellie Mae's servers and facilities or the
servers and facilities of other network hosts or Internet users;
(b) Post messages or software programs that consume excessive CPU
time or storage space; (c) Utilize the Ellie Mae Products and Services
to offer mail services, mail forwarding capabilities, POP accounts
or autoresponders other than for the User's own account; (d) Utilize
the Ellie Mae Products and Services to resell access to CGI scripts
installed on Ellie Mae's servers; (e) Utilize the Ellie Mae Products
and Services to subvert, or assist others in subverting, the security
or integrity of any Ellie Mae systems, facilities or equipment; (f)
Utilize the Ellie Mae Products and Services to gain unauthorized
access to the computer networks of Ellie Mae or any other person;
(g) Utilize the Ellie Mae Products and Services to provide passwords
or access codes to persons not authorized to receive such materials
by the operator of the system requiring the password or access code;
(h) Utilize the Ellie Mae Products and Services to (A) forge the
signature or other identifying mark or code of any other person,
(B) impersonate or assume the identity or any other person, or (C)
engage in any other activity (including "spoofing") to attempt to
deceive or mislead other persons regarding the true identity of the
User (excluding the use of anonymous remailers or Internet nicknames);
(i) Utilize the Ellie Mae Products and Services to distribute or
post any virus, worm, Trojan horse, or computer code intended to
disrupt services, destroy data, destroy or damage equipment, or disrupt
the operation of the Ellie Mae Products and Services; (j) Utilize
the Ellie Mae Products and Services to conduct port scans or other
invasive procedures against any server (except any server for which
the User is an authorized system administrator); (k) Utilize the
Ellie Mae Products and Services to distribute, advertise or promote
software or services that have the primary purpose of encouraging
or facilitating unsolicited commercial e-mail or spam; (l) Utilize
the Ellie Mae Products and Services to solicit or collect, or distribute,
advertise or promote, e-mail address lists for the purpose of encouraging
or facilitating unsolicited commercial e-mail or spam; (m) Utilize
the Ellie Mae Products and Services in any manner that might subject
Ellie Mae to unfavorable regulatory action, subject Ellie Mae to
any liability for any reason, or adversely affect Ellie Mae's public
image, reputation or goodwill, including, without limitation, sending
or distributing sexually explicit, hateful, vulgar, racially, ethnically
or otherwise objectionable materials as determined by Ellie Mae in
its sole discretion; or (n) Utilize the Ellie Mae Products and Services
in any other manner to interrupt or interfere with the Internet usage
of other persons.
4.5 Utilize the Ellie Mae Products and Services to solicit Ellie
Mae customers or permit others to participate in the solicitation
of Ellie Mae customers for any purpose.
5. GUIDELINES FOR COMMERCIAL E-MAIL.
5.1 Sending Unsolicited Bulk e-mail will be cause for suspension
of e-mail services.
5.2 You must immediately unsubscribe any e-mail address that receives
a permanent failure e-mail bounce from Ellie Mae's mailer-daemon.
5.3 Organizations must not do anything that tries to hide or forge
the sender of the e-mail and sending site of the e-mail.
5.4 Each mailing should specifically state how the e-mail addresses
were obtained (i.e. purchased from Acme tools, sign up for Travel
discounts, etc.) and must state whether this is a one-time mailing
or a reoccurring mailing. Additionally, such details as the date
and time when the e-mail address was obtained along with the IP address
must be available upon request.
5.5 All mailing should contain a working link to a one-click un-subscription
system or a "reply to:" valid address that will unsubscribe the recipient.
5.6 All e-mail must have valid non-electronic contact information
for the sending organization in the text of each e-mail (phone number,
physical mailing address, etc.). If this is not readily feasible,
there must be a link in each e-mail to such information on the sending
organization's website.
6. E-MAIL PARAMETERS AND LIMITATIONS.
6.1 Ellie Mae e-mail servers are not to be used to store files/e-mails.
Our e-mail servers will purge any e-mail (along with any attachments)
that is 30 days old and has not been downloaded by an e-mail client.
6.2 E-mail boxes come with 10MB of storage space on our server.
If this limit is exceeded, any additional e-mail sent to the box
will be returned to sender.
6.3 Our e-mail servers will process up to 1,000 outbound e-mails
per hour per domain name. If more than 1,000 outbound e-mails are
sent within an hour time frame, the additional e-mail will be queued
for the following hour but will not exceed the 1,000 outbound e-mail
an hour limit.
6.4 The daily limit of outbound e-mail per domain is 10,000 e-mails.
If this limit is exceeded, then e-mail services will be suspended.
6.5 Ellie Mae provides antivirus and antispam feature for the convenience
of our customer e-mail service. We employ best practice to balance
the functionality, performance, and security of our e-mail service.
However, our e-mail service is still limited by the nature of antivirus
and antispam software. The antivirus/antispam feature is provided
at best effort basis. We encourage customers to take similar measures
and implement antivirus and antispam software locally to further
protect themselves from intrusions and productivity loss.
7. VIOLATIONS.
7.1 Disclaimer. Ellie Mae expressly disclaims any obligation to
monitor its Clients and other Users with respect to violations of
this Policy. Ellie Mae has no liability or responsibility for the
actions of any of its Clients or other Users or any content any User
may post on any Web site.
7.2 Reporting Non-Copyright Violations. Ellie Mae encourages Users
to report violations of this policy by e-mail to: abuse@elliemae.com,
including in any such report the name of the offending domain (for
example, xyz.com) and the type of abuse (for example, spam, illegal
acts, harassment, etc.) in the "subject" field of the e-mail.
7.3 Reporting Copyright Violations. Ellie Mae complies with the
Digital Millennium Copyright Act ("DMCA"). Ellie Mae encourages Users
to report an alleged copyright infringement involving a user by sending
a notice that complies with the DMCA to: DMCA Notices, Attention:
Legal Department, Ellie Mae, Inc., 4155 Hopyard Road, Suite 200, Pleasanton, CA 94588.
7.4 Remedies. If Ellie Mae learns of a violation of this Policy,
Ellie Mae will respond to the applicable Client and may, in Ellie
Mae's sole discretion, take any of the following actions, in accordance
with the severity and duration of the violation: (a) Warning the
Client; (b) Suspending the offending Client from the Ellie Mae Products
and Services; (c) Terminating the offending Client from the Ellie
Mae Products and Services; (d) Imposing fees or charges on the offending
Client account in accordance with the applicable service contract;
(e) Removing the offending content; and (f) Taking other action in
accordance with this Policy, the applicable service contract or applicable
law.
8. RESERVATION OF RIGHTS. Ellie Mae reserves the right to cooperate
with appropriate legal authorities in investigations of claims of
illegal activity involving Ellie Mae's Products and Services, Clients
and other Users. Ellie Mae reserves all other rights to respond to
violations of this Policy to the fullest extent permitted under applicable
law and in accordance with any applicable contractual obligations.
In the event of any breach, or reasonably anticipated breach, of
this Policy, in addition to any other remedies available at law or
in equity, Ellie Mae will have the right immediately, in Ellie Mae's
sole discretion, to suspend Client's further access to any of the
Ellie Mae Products and Services if necessary in the good faith determination
of Ellie Mae to prevent any material harm to Ellie Mae or its business. |
