Terms & Policies

Last Updated: April 10, 2023

This Acceptable Use Policy ("AUP") specifies the polices that govern your access and use of Chainguard products and services. You must use Chainguard products and services in a lawful manner that is consistent with Chainguard’s published AUP. The examples provided by Chainguard are a non-exhaustive list of prohibited conduct. Chainguard reserves the right to modify this AUP at any time by posting an updated version of the AUP on Chainguard’s website. Changes to the policy are deemed effective upon posting and you are responsible for monitoring the website for changes to the policy. Use of any Chainguard products and services is deemed your acceptance of the most current version of the AUP. If the terms of this AUP are violated, Chainguard reserves the right to immediately suspend or terminate your use of Chainguard products and services.

Responsibility for Content

You are responsible for the use of data, information and materials (“Content”) you submit to or use in conjunction with Chainguard’s product and services, and you shall be solely responsible for maintaining a copy of your Content. Chainguard does not monitor your Content for illegal activity. You shall comply with all applicable laws and regulations. Any transmission, storage or distribution, or any use that directly facilitates a violation of applicable law or regulation is strictly prohibited.

Inappropriate and Illegal Content

You may not use, distribute, or instruct others to use Chainguard products or services for illegal or harmful conduct. The following is a non-exhaustive list of prohibited conduct:

• Illegal Activities: illegal, harassing, defamatory, libelous, indecent, obscene, pornographic, promotion of online gambling, or any business that is otherwise objectionable, such as propagating hate or violence or causing harm to others or to Chainguard’s reputation.

• Harmful Content: Content that is harmful to Chainguard’s network or other users of the network including, but not limited to, viruses, Trojan horses, time bombs, or any other computer programming that may damage, interfere with program data or information.

• Infringing Content: Content that infringes or misappropriates the intellectual property or property right of others including, but not limited to, material protected by copyright, trademark, patent, or trade secret.

• Export Violations: Violations of U.S. and International export laws, regulations and rules.

• Fraudulent/Misleading Content: Material or advertising containing fraudulent offers, misleading statements, or representations.

• Falsification/Impersonation: Using Chainguard products or services to impersonate any person or entity. Using invalid or forged headers information that would indicate that Chainguard was involved in the transmission of such material.

Email, Spam and Usenet

Chainguard explicitly prohibits you from using Chainguard products or services to send unsolicited messages to users without their permission. We reserve the right to charge you any costs resulting from complaints in violation of this section. The following is a non-exhaustive list of prohibited conduct:

• Using Chainguard products or services to send unsolicited bulk email, commercial advertising, informational announcements, or promotional material (“spam”).

• Posting and continuing to post email messages that are excessive or intended to harass others.

• Using Chainguard products or services in a manner that assumes the identity of a user without the users explicit permission.

Security Violations

You may not use Chainguard products or services to violate the security or integrity of Chainguard’s network or Chainguard products or services. Chainguard reserves the right to pursue criminal and/or civil charges in relation or any such violation. The following is non-exhaustive a list of prohibited conduct:

• Unauthorized access of networks, data, servers, databases, etc., without obtaining permission.

• Any attempt to test the vulnerability of a network or system, probe or scan or to breach security or authentication measures without permission.

• Any attempt to interfere with, disrupt or disable Chainguard products or services to any user, or network, including, but not limited to, via means of attempts to overload the system, crashing, mail bombing, denial of service attacks, or flooding techniques.

• The forging of any TCP/IP packet header or using a computer system or program that intentionally conceals the source of information.

• Any attempt or action designed to circumvent or alter any use limitations, including but not limited to, storage restrictions or billing measurement on Chainguard products or services.

Reporting Violations: Chainguard’s Rights and Remedies

It is your responsibility to report all known or suspected violations of this AUP. Chainguard reserves the right, but is not obligated to investigate any violation or misuse of Chainguard products or services. Chainguard reserves the right to immediately block access, suspend or terminate any Chainguard products or services Chainguard deems in its sole discretion, has violated the terms of this AUP. Chainguard will attempt to provide you notice of possible suspension of Chainguard products or services, but reserves the right to immediately suspend or terminate Chainguard products or services that would have an adverse effect on Chainguard. Chainguard may cooperate with legal authorities and third parties to help in the investigation of any activity that violates laws or regulations. Chainguard shall not be liable for any damages arising out of the violation of this AUP and you shall indemnify Chainguard for any and all damages that may arise from a violation of this AUP by You.

DATE: April 10, 2023