Acceptable Use Policy

By using the Hotlaunch Services, you agree to this Acceptable Use Policy and our Terms of Service. If you do not accept these terms, do not register for an account, or purchase, access, or use the Hotlaunch Services in any way.

Prohibited Customer Content
You represent, warrant, and agree that Customer Content shall not: 

  • Infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right. 
  • Be defamatory, fraudulent, false, misleading, or deceptive.
  • Constitute, consist of, or enable spam, phishing attempts, “chain letters”, “pyramid schemes”, or other Malicious Activity (defined below). 
  • Be pornographic, sexually obscene, sexually exploitative of children, or otherwise sexually explicit.
  • Make use of cryptopools/contain mining scripts, promote cryptocurrency money-making in a forbidden/fraudulent way, are crypto exchange and crypto-airdrop websites.
  • Promote terrorism, violence, discrimination, bigotry, racism, hatred, harassment, prostitution, human trafficking, or harm against any individual or group. 

Whether Customer Content is in violation of these Terms shall be determined in Hotlaunch’s reasonable discretion. Hotlaunch may, in its reasonable discretion, alter, remove, or refuse to display Customer Content that is prohibited under this Section. It is our policy in appropriate circumstances to terminate the Accounts of repeat infringers in accordance with the U.S. Digital Millennium Copyright Act.

Be Decent
Treat Hotlaunch and its personnel with decency, professionalism, and respect. We will do the same for you.

Compliance with Laws
You agree to use our Services in compliance with applicable local, state, national, and international laws and regulations, including, but not limited to, laws regarding fraud, anti-corruption, trade sanctions and export-control, intellectual property, and data privacy. You agree to cooperate with Hotlaunch, including the provision of information reasonably requested by Hotlaunch, to ensure Hotlaunch’s compliance with applicable laws in connection with your use of the Services.

Malicious Activity
You agree not to engage in, attempt to engage in, or encourage or assist others to engage in any Malicious Activity while accessing or using the Services.

“Malicious Activity” means any of the following alone or in combination: 

  • Use, display, mirror, or frame the Services or any individual element within the Services. 
  • Access or tamper with non-public areas of the Services. 
  • Test the vulnerability of any Hotlaunch system or breach any security or authentication measures.
  • Circumvent any measure implemented by Hotlaunch or any third party to secure the Services.
  • Circumvent any measure implemented by Hotlaunch or any third party to secure a website hosted on our platform.
  • Modifying your user account role or another user’s account role on your website to gain access to features that are protected under our managed solutions and care plans.
  • Copy, modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services.
  • Copy, modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any software provided under our managed solutions and care plans. 
  • Interrupt, damage, destroy, or limit the functionality of the Services. 
  • Host, upload, or in any way transmit malware, viruses, worms, Trojan horses, corrupted files, or any other malicious code or activity.
  • Send messages through the use of our Services which do not comply with the applicable local and/or international laws and/or rules regulating matters regarding unsolicited emails, spam, online advertising, privacy and security, defamation, copyright and trademark infringement, unfair and deceptive practices, etc.
  • Allow any remote code execution of malicious software.
  • Cause denial of service attacks, port scans or other endangering and invasive procedures against the server functionality, infrastructure and facilities used by us or the server functionality, infrastructure and facilities of other network hosts or Internet users.

Customers shall cooperate with Hotlaunch to promptly isolate, mitigate, and eliminate any Malicious Activity and take appropriate corrective action.

If Malicious Activity is determined by Hotlaunch to have occurred unintentionally as part of a migration performed by the Customer, the Customer shall be afforded the opportunity to promptly eliminate the Malicious Activity. If the Customer fails to promptly eliminate the Malicious Activity as directed by Hotlaunch, then Hotlaunch will eliminate the Malicious Activity for a fee.

Resource Limitations
You shall ensure that your Hosting Plan resources and quotas are accurately measured and maintained, such as visits, disk space, CDN, and bandwidth. Do not overburden the Services or any CPUs, servers, or other resources used in connection with the Services. Without limiting the foregoing, you shall not use the Services to provide open proxies, for Internet Relay Chat (irc), for cryptocurrency mining activity, or for any other activity for which Hotlaunch reasonably determines to violate our policies.

Testing of Customer Applications
Customers may perform limited security and penetration testing of their Customer Applications and websites  (a “Customer Test”) conditioned on compliance with the Agreement, our instructions, and the following:

  • Load testing in any form is prohibited without receiving prior approval from Hotlaunch, except on Enterprise servers.
  • Customers shall provide notice of the schedule and scope of the Customer Test to Hotlaunch seven (7) days prior to commencing the Customer Test. Your notification is for our monitoring and record keeping purposes only.
  • Without limiting any other provisions in these Terms, Customer Tests shall not impact or affect any Hotlaunch or third-party system other than your Customer Applications. 

For illustrative purposes only:

  • Do not test the vulnerability of the Platforms, our websites, or another customer’s websites or applications.
  • Do not attempt to breach the Platforms login system, version control system authentication integration, security measures on the signup pages, etc.
  • Hotlaunch has no obligation to support, assist, or advise you in connection with a Customer Test. Hotlaunch will not disable or diminish our security measures to allow a Customer Test. 

The results of a Customer Test shall be promptly disclosed to Hotlaunch and shall be Hotlaunch’s Confidential Information. Hotlaunch has no obligation to take any remedial action in connection with a Customer Test.

Protection of the Services
Hotlaunch may immediately suspend all or part of Customer’s use of the Services and take any other reasonable action to protect the Services if: 

  • Customer engages in Malicious Activity as defined above.
  • Customer fails to correct a violation of this Section within twenty-four (24) hours of Hotlaunch’s request to correct the violation.
  • Hotlaunch reasonably believes that your use of the Services harms or will harm the Services, our infrastructure, systems, or networks, or our other customers.
  • Hotlaunch reasonably believes there is unauthorized third-party access to the Services.
  • Hotlaunch reasonably believes that your use of the Services causes or will cause Hotlaunch to violate applicable law.

Hotlaunch will use its commercially reasonable efforts to:

  • Notify Customer of the basis for the suspension or other action taken pursuant to this Section
  • Promptly end any such suspension or other action when the circumstances giving rise to the suspension or other action have been resolved.

 

Termination

Your Breach
If you are in breach of our policies, Hotlaunch may immediately terminate or suspend the Agreement and your Account. Upon any such termination or suspension, you are not permitted to register for another Account or access the Services without our prior written permission.  

Termination for Convenience
You may schedule a termination of your services with us pursuant to our Terms of Service.

Modification or End of Services
We may in our sole discretion modify or discontinue, temporarily or permanently, all or any portion of our Services. Hotlaunch will use its commercially reasonable efforts to provide prior notice of any such modification or discontinuance which impacts Customer’s Account.

Survival
Any provision of these terms that contemplates performance or observance subsequent to termination or expiration of the Agreement or your Account (including, without limitation, provisions related to confidentiality, limitation of liability, indemnification, and dispute resolution) survive termination or expiration and continue in full force and effect.

Hotlaunch shall not provide legal advice referring to the compliance of Customer Content uploaded on or transmitted through the Services. You shall be solely responsible for verifying whether your Customer Content complies with any applicable law, including laws in jurisdictions where it is uploaded, hosted or accessed. If your use of the Services results in violation of the AUP, we may take corrective action, including deletion of Customer Content, suspension or termination of the respective Service, or termination of the Agreement with or without prior notice, with no refund.

Last updated: AUG 14, 2024