Acceptable Use Policy

Effective Date: February 19, 2024

 

This Knowledge Transfer LLC Acceptable Use Policy (“AUP”) applies to all access and use of RadiansERP as a Customer (including an Entity and their Authorized Users), Invitees, or Visitors. This AUP is designed to ensure compliance with Applicable Laws, to protect the interests of all our Customers, their Authorized Users and associated Invitees, and to safeguard the security and integrity of RadiansERP, as well as Knowledge Transfer LLC’s goodwill and reputation. Every Customer, Authorized User, Invitee, and Visitor must agree to abide by this AUP and be responsible for all of their acts and omissions, including compliance with this AUP, prior to accessing or using RadiansERP. You are responsible for the Customer Data provided to Knowledge Transfer LLC and for your Authorized Users’ use of RadiansERP, as applicable. We have no obligation to monitor Customer Data. However, under this AUP, we reserve the right to remove Customer Data that is inconsistent with the spirit of this AUP, even if it’s something that is not expressly forbidden by this AUP. Customer Data that violates these standards may result in suspension, termination, or revocation of your access to RadiansERP. Capitalized terms used below but not defined in this AUP have the meaning set forth in the Definitions.

DO:

• Comply with all applicable terms and conditions (e.g. Customer Terms , Invitee Terms, or MSA), including the terms of this AUP;

• Comply with all Applicable Laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including, but not limited to, the U.S. Securities and Exchange Commission, and any rules of any national and other securities exchanges;

• Upload and disseminate only Customer Data to which Customer owns all required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with Applicable Law;

• use reasonable efforts to prevent unauthorized access to or use of RadiansERP;

• keep passwords and all other login information confidential and do not share them with anyone;

• monitor and control all activity conducted through your Account in connection with RadiansERP;

• promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your Accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or Account; and

• comply in all respects with all applicable terms of any Third-Party Applications, including any that you elect to integrate with RadiansERP.

DO NOT (AND DO NOT PERMIT ANYONE ELSE TO):

• Disrupt RadiansERP or our Websites, including but not limited to any of the following:

• Compromising the integrity of our systems, including probing, scanning, or testing the vulnerability of any system or network that hosts RadiansERP. This prohibition does not apply to security assessments expressly permitted by Knowledge Transfer LLC;

• Attempting to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the functionality, integrity, or performance of RadiansERP in whole or in part, related systems, network or data (including any mechanism used to restrict or control the functionality of the thereof), any third-party use of RadiansERP, or any third-party data contained therein (except to the extent such restrictions are prohibited by Applicable Law);

• Deciphering any transmissions to or from the servers running RadiansERP;

• Uploading to, or transmitting from, RadiansERP any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within RadiansERP or on the hardware of Knowledge Transfer LLC or any third party;

• Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

• Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser; or

• Grossly exceeding the use parameters for any given service as described in its corresponding Documentation; or

• Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, overloading, flooding, spamming, or mail-bombing RadiansERP.

• Participate in or permit wrongful or illegal activities, including but not limited to:

• Permitting any third party that is not an Authorized User to access or use a username or password for RadiansERP;

• Sharing, transferring or otherwise providing access to an Account designated for you to another person;

• Accessing RadiansERP in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of RadiansERP;

• Impersonating any person or entity, including, but not limited to, a Knowledge Transfer LLC  employee, an Account “Administrator”, “Owner”, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;

 

• Using RadiansERP to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;

            • Sublicensing, reselling, time sharing or similarly exploiting RadiansERP;

• Using RadiansERP for consumer purposes, as Knowledge Transfer LLC is intended for use by businesses and organizations;

• Accessing or using RadiansERP on behalf of, or for the benefit of, any Patent Assertion Entity;

• Using contact or other user information obtained from RadiansERP (including email addresses) to contact Authorized Users or Invitees outside of RadiansERP without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users or Visitors for use outside of RadiansERP;

• Misrepresenting yourself, or disguising the origin of any Customer Data (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Knowledge Transfer LLC or any third party);

• Using RadiansERP to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including Account names or information) from RadiansERP;

• Using RadiansERP to stalk, harass, or post direct, specific threats of violence against others;

• Using RadiansERP for any illegal purpose, or in violation of any Applicable Laws (including without limitation data, privacy, intellectual property, and export control laws);

• Without limiting the foregoing: (a) you acknowledge that RadiansERP may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit any Authorized Users or Invitees to access or use RadiansERP in a United States embargoed country; (ii) or permit Authorized Users or Invitees on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or (iii) permit Authorized Users or Invitees on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use RadiansERP.

• Accessing or searching any part of RadiansERP by any means other than our publicly supported interfaces (for example, “scraping”);

• Accessing, tampering with, or using non-public areas of RadiansERP, our systems, or the technical delivery systems of our providers;

• Attempting to probe, scan or test the vulnerability of RadiansERP or our systems or networks or breaching any security or authentication measures;

• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Knowledge Transfer LLC or any of our providers or any other third party (including another user) to protect RadiansERP;

• Using meta tags or any other “hidden text” that include Knowledge Transfer LLC’s product names or trademarks; or

• Using RadiansERP for the purpose of providing alerts on disaster scenarios or any other situations directly related to health or safety, including but not limited to acts of terrorism, natural disasters, or emergency response.

• Participate in or allow inappropriate communications, including but not limited to:

• Using RadiansERP to generate or send unsolicited communications, advertising, chain letters, or spam;

• Promoting or advertising services other than your own without appropriate authorization; or

• Abusing, insulting, degrading, threatening, or otherwise mistreating Knowledge Transfer LLC personnel.

• Participate in or allow inappropriate Customer Data to be transmitted through RadiansERP, including but not limited to:

• Soliciting, posting, uploading, sharing, submitting, or otherwise providing Customer Data that:

• Infringes Knowledge Transfer LLC’s or a third party’s Intellectual Property Rights or any other rights, including any copyright, trademark, patent, trade secret, moral rights, rights of  publicity and privacy, or any other proprietary or contractual right;

• You don’t have the right to post, upload, share, submit, or otherwise provide;

• Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful;

                        • Encourages illegal or tortious conduct or that is otherwise inappropriate;

• Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

• Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group;

• Is violent or threatening or promotes violence or actions that are threatening to any person or entity;

                        • Contains viruses, bots, worms, scripting exploits, or other similar materials;

                        • Is intended to be inflammatory; or

                        • Could otherwise cause damage to Knowledge Transfer LLC or any third party.

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of Knowledge Transfer LLC or RadiansERP, or any identifier or tag generated by RadiansERP, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled, or to authorize, permit, enable, induce or encourage any third party, including Invitees, to do any of the above.

Without affecting any other remedies available to us, Knowledge Transfer LLC may temporarily suspend access to RadiansERP, terminate Customer’s Account, or permanently revoke Customer’s access to RadiansERP without notice or liability if Knowledge Transfer LLC (in its sole discretion) determines that a Customer has violated this Acceptable Use Policy.

Unless you have a valid, executed MSA that states otherwise, Knowledge Transfer LLC may immediately suspend or terminate your access to RadiansERP (without notice or liability) if Knowledge Transfer LLC believes, in its sole discretion, that you have breached this AUP or haven’t responded to us within a reasonable period after we’ve contacted you about a potential breach of this AUP.