Acceptable Use Policy

Welcome to the Pixel & Tonic DBA Craft CMS’s Acceptable Use Policy (this “Policy”). This Policy establishes which practices are and are not acceptable when accessing and using Pixel & Tonic’s products and services, including Craft CMS free and paid software (Craft Solo and Craft Pro), our hosting services (Craft Cloud), our first-party plugins including Commerce Pro and Commerce Lite, as well as craftcms.com, Craft Console, the Craft Plugin Store and our other websites (altogether, the “Site”) (collectively the “Services”). This Acceptable Use Policy applies to you as a Customer, your End Users, and any other users of the Services. As used in this Policy, “you” refers to you as a Customer, End User, or other individual using the Services in any manner. Other capitalized terms used but not defined herein have the meaning given in our Terms of Service.

You must accept and agree to comply with this Policy to access or use the Services. Creating an account, purchasing, downloading, accessing, or otherwise using the Products and Services, including through your employer, indicates acceptance of and agreement to comply with this Acceptable Use Policy. Pixel & Tonic DBA Craft CMS may terminate or suspend the use of the Services if we determine, in our sole discretion, that such use violates this Acceptable Use Policy or assists others in doing so.

1. Report Violations – Please report any actual or suspected violations of this Acceptable Use Policy by emailing legal@craftcms.com with the subject line “Reporting Violation.” We will investigate all claims and make a determination in its sole discretion as to whether a violation has occurred and the appropriate remedy.

2. Eligibility – To use the Services, you must meet the eligibility requirements in the Terms of Service and any eligibility requirements or policies of the Customer through which you access the Services. Additionally, Craft CMS prohibits use of the Services by anyone who is located in a sanctioned country or is a sanctioned person (e.g., listed in any sanctions-related list of designated persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, the United Nations Security Council, or an equivalent list of another jurisdiction where the Services are made available) or are a person owned or controlled by any such person.

3. Legal Compliance – Your use of the Services must at all times comply with all applicable local, state, national, and international laws or regulations, including, but not limited to, all applicable data protection laws and regulations, and all applicable export control laws and regulations. You are solely responsible for your legal compliance with respect to the Services.

4. Restricted Industries – You may not use the Services for businesses or personal activities within the following industries, and Craft CMS reserves the right to amend this list at any time in its sole discretion with such amendments becoming binding with immediate effect:

   • Gambling services or products;
   • Pornography;
   • Cryptocurrency;
   • Accessing and using the dark web;
   • Illegal product or services marketing; or
   • Any service or product deemed illegal under law.

5. Security – You must take reasonable and appropriate security precautions in connection with your use of the Services. You are solely responsible for the actions and omissions of your End Users and anyone to whom you provide access to the Services or Your Content.

6. Content Standards – You agree not to use the Services to send, knowingly receive, upload, download, use, or re-use any of Your Content (as defined in the Terms of Service) that is, or that Craft CMS may determine in our sole discretion:

   • Contains material that is unlawful, defamatory, obscene, threatening, harassing, abusive, offensive, violent, hateful, inflammatory, libelous, a form of stalking, fraudulent, false, or otherwise objectionable.
   • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
   • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
   • Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
   • Is likely to deceive any person.
   • Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
   • Impersonates any person or misrepresents another’s identity or affiliation with any person or organization.
   • Gives the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

   You acknowledge that Craft CMS does not have the capacity or the obligation to intervene directly on Your Content and as such, you are solely responsible and liable for reviewing Your Content and to immediately remove any of Your Content that breaches this Acceptable Use Policy upon our first request or upon becoming aware of any such breach.

7. False and Misleading Information – You may not post or distribute false or misleading information through the Services. This prohibition includes the use of false or misleading names, communication titles or headers, domain names, or unauthorized use of a domain name or trademark, as well as content containing malicious software in hidden form, or any other deceptive technique, act, or information. Additionally, You may not use the Services to email parties from a purchased, rented, scraped, harvested, or borrowed list of email addresses.

8. Reputation Standards – You may not take any action or make any statement that is intended to, or would reasonably be expected to, harm another person or party’s reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to the other party.

   The foregoing standard does not apply to (a) compliance with a legal process, subpoena, or applicable law, rule, or regulation; (b) statements in response to authorized inquiry from a court, regulatory body, or law enforcement agency; and (c) disclosure of security incidents or data breaches as required by applicable law or industry standards. Craft CMS does not actively monitor Your Content, but we reserve the right to take preventative or corrective action under this Policy if we suspect that you have become involved in controversial activities, if Your Content includes controversial material, or if You take part in controversial events that may reasonably be expected to cause significant harm to our reputation.

9. Restricted Uses – The Services are not designed to process or host data that is sensitive in nature or subject to regulatory oversight. As such, you may not use or cause the Services to store or process sensitive or otherwise regulated health information (e.g. protected health information under HIPAA or other health data) or financial information, cardholder data protected under PCI DSS regulations, or other financial data (e.g., financial account details). Additionally, you may not engage in any of the following with respect to the Services:

   • High-risk activities, where their use or failure could reasonably be expected to lead to death, personal injury, or environmental or property damage (e.g., development or operation of military, nuclear-engineering, aviation, or automotive-engineering solutions or related software applications or software applications used in connection with monitoring or assessing human health or as a life support system).
   • Exploit, harm, or attempt to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
   • Offer or disseminate fraudulent goods, services, promotions, make-money-fast schemes, ponzi or pyramid schemes.
   • Send, knowingly receive, upload, download, use, or re-use any material that violates the rights of any individual or entity.
   • Impersonate or attempt to impersonate Craft CMS, a Craft CMS employee, another user, or any other person or entity.
   • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Craft CMS or users of the Services or expose them to liability.
   • Reverse engineer or duplicate the Services.
   • Allow others to use the Services for emergency communications or emergency calls.
   • Any use that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), including those laws detailed in this Acceptable Use Policy as well as legislation including, but not limited to, regulations published by government agencies for the industry in which user is communicating, SEC guidelines, stock exchange rules and regulations, and Electronic Commercial Directive 2000/31/EC. You acknowledge and agree that Pixel & Tonic DBA Craft CMS is not responsible for any liabilities arising from your violation of the restrictions listed in this Policy.

10. System Misuse – You are prohibited from using the Services in a manner that could negatively impact Craft CMS information systems, such as:

    • In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
    • Access data on or through the Services that is not intended for the user.
    • Use any hardware, software, or other device, process, or means to access the Service for any purpose, including monitoring or copying any Services traffic, user communications, email messages, or resources available on the Services.
    • Use any manual process to monitor or copy traffic or resources available on the Services or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Services.
    • Introduce any viruses, trojan horses, worms, or other software or material that is technologically harmful.
    • Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Services.
    • Sell, license, distribute, or give away free access to the Services with the exception of authorized users.
    • Sell, license, distribute, or give away information or software code detailing how to exploit or breach the security of the Services.
    • Otherwise, attempt to interfere with the proper working of the Services.
    • Falsify or delete legal or proprietary designations of ownership or licensing rights for uploaded content, including software.
    • Violate any agreement you have entered into with a third party such as a plugin developer or internet service provider. You are further prohibited from using the Services to negatively impact the systems of a third party, including, but not limited to:
    • Acts intended to damage computer systems, websites, or apps through acts designed to cause disruptions.
    • Use the Services to gain unauthorized access to third-party systems including, but not limited to, penetration testing and other techniques and strategies that would be considered a violation of the Computer Abuse and Fraud Act or similar laws, except with express prior consent to do so from the party in question.
    • Transmit or distribute any form of malicious software via the Services. Pixel & Tonic DBA Craft CMS will work with legal authorities in regard to any claims of criminal conduct by any user of the Services. These prohibitions shall apply, in our sole discretion, regardless of whether a user’s conduct is intentional or unintentional.

11. Our Intellectual Property – Users may not use any Pixel & Tonic DBA Craft CMS Materials or other intellectual property of Craft CMS (e.g., trademarks, service marks, copyrights, patents, and trade secrets) without our express written consent, which may be withheld, conditioned or delayed in our sole discretion. Any requests to use Craft CMS’s intellectual property may be submitted to legal@craftcms.com.

12. Enforcement – Craft CMS, in our sole discretion, will determine whether your conduct is in compliance with this Acceptable Use Policy. Craft CMS has the right to:

    • Monitor your use of the Services for any purpose in our sole discretion.
    • Take any action we deem necessary or appropriate in our sole discretion if we believe your conduct violates this Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us.
    • Disclose your identity or other information about a user to any third party who claims that material posted by such user violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
    • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Acceptable Use Policy.

    Without limiting the foregoing, Craft CMS has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Craft CMS to disclose the identity or other information of anyone who accesses or uses the Services.

    Craft CMS may, but shall not be required to, contact a user in the event of any alleged, suspected, or actual breach of this Acceptable Use Policy. In the event of such notice, you may respond within three (3) business days. Failure to respond may result in Craft CMS making a determination that a potential violation of breach is valid, in which case we may exercise any or all rights available to it including, without limitation, under this Acceptable Use Policy, the Terms of Service or any other documents governing the violating user’s use of the Service, or at law or equity.

    YOU WAIVE AND HOLD HARMLESS CRAFT CMS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CRAFT CMS, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

13. Acceptable Use Policy Changes – Craft CMS reserves the right to amend, alter, or modify this Acceptable Use Policy at any time. We will provide notice of such update or change and provide users with a period of time to accept or reject the modification. If you don’t agree to the revised Acceptable Use Policy, your sole and exclusive remedy is to stop using the Services.