KEYMARK ACCEPTABLE USE POLICY

KEYMARK ACCEPTABLE USE POLICY

Version 1 Effective 12/1/2025

This KeyMark Acceptable Use Policy (the “AUP”) applies to all persons and entities (collectively referred to herein as “User”) that uses the KSS.  Defined terms not defined herein have the same meaning as provided in the Master Agreement, Order Form, or any other agreement that defines them (“Incorporating Document”). As used in this AUP, “Agreement” means the Incorporating Document, including this AUP, and any other documents or terms incorporated or referenced in the Incorporating Document. 

1. Prohibited Use.  User agrees not, and not to allow third parties or its end users (if applicable), to use the KSS: (a) to violate, or encourage the violation of, the legal rights of others; (b) to engage in, promote, or encourage illegal activity, including child sexual exploitation, child abuse, or terrorism or violence that can cause death, serious harm, or injury to individuals or groups of individuals; (c) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose including Non-consensual Explicit Imagery (NCEI), violating intellectual property rights of others, phishing, or creating a pyramid scheme; (d) to distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature; (e) to gain unauthorized access to, disrupt, or impair the use of the KSS, or the KSS Platform, by customers, authorized resellers, or other authorized users; (f) to alter, disable, interfere with or circumvent any aspect of the KSS or KSS Platform; (g) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”); (h) to test or reverse-engineer any portion of the KSS whatsoever in order to find limitations or vulnerabilities, or to evade filtering capabilities, except as expressly permitted in the Agreement; or (i) to use the KSS, or any interfaces provided with the KSS, to access any other KM product or service in a manner that violates the terms of service of such other KM product or service.

2. Non-Compliance.  User’s failure to comply with this AUP may result in suspension or termination, or both, of the KSS pursuant to the Agreement.  Unless prohibited by law, KM will notify the User (by email or other means) in order to allow User the opportunity to correct its non-compliance with this AUP prior to KM suspending access to the KSS. Any notice will include a deadline for User to remedy the non-compliance.  KM reserves the right to immediately suspend the KSS: (a) to comply with a government order: (b) or in response to KM’s reasonably believes User’s AUP non-compliance could harm or disrupt KM’s ability to support its Customers or continue operations.

3. User Responsibility.  In accordance with the Agreement, User is responsible for Customer Data and any uses of Customer Data that is stored in the KSS. 

4. Waiver.  Delays or failures to enforce this policy do not waive any rights or remedies. If any part of this policy becomes unenforceable due to law, that part will be ignored, and the rest of the policy will remain in effect.

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