Acceptable Use Policy (AUP)

Last Updated December 15, 2020

Overview

This Acceptable Use Policy (the “Policy”) applies to all users of the products, services, and applications provided by Constella Intelligence, Inc. (the “Services”). This Policy prohibits uses and activities involving the Services that are illegal, infringe the rights of others, interfere with or diminish the use of the Services by others, or otherwise adversely affect the Services or Constella. If you violate this Policy, we may suspend or terminate your account (without notice or liability to us). We may also suspend or terminate accounts (without notice or liability to us) where we see behavior, content, or other factors that poses a threat to our Services. If you are using the Services on behalf of an end user customer, you are responsible for such end user’s use of the Services and you agree, and shall cause the end user customer to agree, to use the Services in accordance with this Policy.

The Services do not constitute a “consumer report” for purposes of the Fair Credit Reporting Act (“FCRA”). You may not use the Services in whole or in part as a factor in determining consumer eligibility for credit, insurance, employment, tenancy, or any another FCRA purpose.

Usage Limits and Restrictions

You may use our Services only: (i) as permitted by law (for terrorism and cybercriminal investigations); and (ii) for a Permitted Purpose (as defined below). Your use of the Services must comply with all applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you (without notice or liability to us) if you do not comply with this Policy, with any usage limits or other restrictions that we may establish from time to time, or if we are investigating suspected misconduct by you (or, as applicable, your end user customers).

For the purposes of this Policy, the “Permitted Purpose” will be one or more of the following, as set forth in the Order Form that you execute in order to gain access to the Services:

1. Fraud/Criminal Investigations: Performing investigations into or related to countering fraud, anti-money laundering (AML), counter-terrorism finance (CTF), or criminal activity.

2. Know Your Customer (KYC)/Customer Due Diligence: Performing KYC or other forms of identity verification, due diligence, and validation, but not for FCRA purposes.

3. Identity Theft Protection/Account Takeover (ATO)/Executive Monitoring (EM)/Domain Monitoring (DM): Providing protection services to end customers or employees.

4. Cyber Security Analysis/Incident Response (IR): Investigating security events and incidents.

Our Services display some content that is not Constella’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

Conduct and information restrictions

When using the Services, you may not:

• Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
• Obtain, export, move or copy any data, information or material when you do not have the right to do so, or which was obtained using the Services for an unlawful purpose;
• Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services;
• Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Services or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
• Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
• Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); or
• Use the Services for any purpose other than a Permitted Purpose.

Technical restrictions

When using the Services, you may not:

• Use extreme bandwidth capacity in a way that threatens the Services’ infrastructure;
• Upload viruses or malware, or attempt to overload the Services with email or traffic;
• Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
• Copy, distribute, or sublicense any proprietary software provided in connection with the Services;
• Distribute programs that make unauthorized changes to software (cracks);
• Alter, modify, or tamper with the Services, or permit any other person to do the same who is not authorized by Constella; or
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

Network and usage restrictions

When using the Services, you may not:

• Restrict, inhibit, or otherwise interfere with the ability of any other entity to use the Services, including posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
• Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation to the Services or to any Constella (or Constella supplier) host, server, backbone network, node or service; or
• Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

A violation of any of the foregoing restrictions in this Policy is grounds for termination of your right to use or access the Services.

Changes to This Policy

We’re constantly trying to improve our Services, so we may need to change this Acceptable Use Policy from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or if you haven’t provided us with your email address), the then-current version of this Policy will still govern your use of the Services, and you are still responsible for reading and understanding it. If you use the Services after any changes to the Policy have been posted, that means you agree to all of the changes.