Last Updated: December 8, 2018
This Acceptable Use Policy (“AUP”) sets forth terms and conditions for acceptable access and use of ChaosSearch, Inc.’s (“ChaosSearch”, “we” or “us”) websites and services (collectively, “Services”) by authorized customers and their users (collectively, “Users”) and supplements any written agreement between ChaosSearch and a User. This AUP is not meant to be exhaustive, but sets forth examples of conduct deemed ChaosSearch to be inappropriate, improper or harmful to ChaosSearch's and its third party service providers’ computer networks, computer systems and Services and thereby prohibited. The restrictions set forth in this AUP shall apply to a User’s employees and any other person or entity that is provided access to the ChaosSearch Services directly or indirectly by a User (the “Affiliates”). By accessing or using the Services, each User acknowledges that it is authorized to enter into this AUP and has read, understood and agrees to comply with the terms of this AUP, will cause its Affiliates comply with this AUP, and will be responsible for violations of this AUP by its Affiliates. If User does not agree to this AUP, then do not use the Services.
We reserve the right to modify this AUP from time to time in our sole discretion without notice; such changes will take effect upon the posting of such revised terms on this website. Accordingly, we recommend that Users check this AUP periodically. A User’s continued access or use of the ChaosSearch Services after the posting of such revised terms constitutes the User’s agreement to comply with and to be bound by such revised terms. In the event of any conflict between this AUP and any other policy or agreement referenced herein, this AUP shall govern in the absence of specific language to the contrary in such policy or agreement.
In this AUP, the term “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise transmit or provide in any manner to the ChaosSearch Services and (2) any other materials, content, or data you provide or transmit to ChaosSearch or otherwise use with the ChaosSearch Services.
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the ChaosSearch Services. Without affecting any other remedies available to us, ChaosSearch may permanently or temporarily terminate or suspend a User’s account or access to the ChaosSearch Services without notice or liability if ChaosSearch (in its sole discretion) determines that a User or its Affiliates has violated this AUP and reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing by providing network and systems information and we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information.
ChaosSearch shall not be liable for any damages of any nature suffered by any User, Affiliates, or any third party resulting in whole or in part from our exercise of our rights under this AUP. User agrees to indemnify ChaosSearch for any and all damages, claims, suits, costs or expenses asserted against or incurred by ChaosSearch related to or in connection with a violation of this AUP by User or its Affiliates.
The ChaosSearch Services are developed and controlled by ChaosSearch in The Commonwealth of Massachusetts, USA. User agrees that this AUP and User’s use of the Services will be governed by the laws of The Commonwealth of Massachusetts, USA, without giving effect to its principles of conflicts of laws. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to this AUP or User’s or its Affiliate’s use of the ChaosSearch Services shall be filed only in the state or federal courts located in The Commonwealth of Massachusetts, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access or use the ChaosSearch Services from locations outside of Massachusetts are responsible for compliance with all applicable local laws. If ChaosSearch takes action against User as a result of User’s or its Affiliate’s violation of this AUP, ChaosSearch will be entitled to recover from User, and User agrees to pay, ChaosSearch's reasonable attorneys’ fees and costs incurred in connection with such action, in addition to any other relief granted to ChaosSearch. Our failure to act with respect to a breach by User or its Affiliates of the terms and conditions hereof shall not constitute a waiver of our rights with respect to such breach or subsequent breaches.