This Acceptable Use Policy (“AUP”) is incorporated into the Order Form and constitutes an agreement between Customer, as identified in the Order Form (“Customer” or “You”) and StaffWizard, LLC, a Texas limited liability company (“StaffWizard”) regarding the access to and use of the Platform.

By executing the Order Form, you agree to be bound by the terms of this AUP. Further, by using the Services (whether or not you are a registered User), you accept and agree to be bound by the terms of the Agreement and to abide by all Applicable Laws. Therefore, you should read this AUP carefully. The AUP is binding upon you and may be modified from time to time. Once modified, you will be required to accept the revised Terms via click-through to continue using the Services.

FAILURE TO AGREE TO THESE TERMS AND ANY SUCH REVISED TERMS WILL PROHIBIT YOU FROM ACCESSING AND USING THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAW, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

This AUP outlines unacceptable use of the StaffWizard Platform and Services as defined in the Master Terms of Service and is in addition to any other terms and conditions under which StaffWizard provides the Services to you.  StaffWizard may modify the AUP from time to time by posting a new version of this document on its website at: www.staffwizard.com/AUP.

No Unlawful or Harmful Use of Services

You may only use the Services for lawful purposes and in a manner that is not harmful to other users.

Any transmission, distribution, or storage of any Prohibited Content is prohibited.

Under no circumstances is a user of the Services authorized to engage in any activity that is illegal under any applicable law, regulation, right, or license (“Applicable Law”) while using the Services.

Prohibited Content

Prohibited Content includes, without limitation, any use of the Services in a manner that, in StaffWizard’s judgment, involves, facilitates, or attempts any of the following:

• Any transmission, distribution, or storage of any material protected by copyright, trademark, trade secret, patent, or other intellectual property right, which is distributed, stored, or transmitted without proper authorization.
• Any transmission, distribution, or storage of any material covered by any export control law.
• Any transmission, distribution, or storage of any material which is obscene, defamatory, inappropriate, libelous, threatening, harassing in nature, offensive, or otherwise objectionable, even if the material or its dissemination is lawful.
• harassing any person or advocating or encouraging violence of any kind against any person, entity or government.
• infringing, violating or misappropriating another’s rights, including but not limited to transmitting or exposing information that misappropriate any trade secret or other proprietary rights of any third party.
• obtaining unauthorized access to, or interfering by any means with, any user, system, network, service, or account, including evasion of filters or violation of the security or integrity of any network or system.
• creating a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with an investigation by law enforcement.
• distributing computer viruses or malware of any kind.
• sending, receiving or supporting email messages that are unsolicited, deceptive, anonymous, excessively voluminous or that contain falsified identifying information, including spamming and phishing.

You are responsible to ensure that use of the Services and content is in compliance with all Applicable Laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g., restrictions on access by minors) or in any jurisdiction, as required to comply with such laws.

Security of the Services

Any violation or attempted violation of any system or network security element of the Services is prohibited and may result in criminal and civil liability. StaffWizard will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to, the following:

• Unauthorized access to or use of data, computers, servers, systems, networks, or virtual networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach or circumvent security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks, transmitting email messages, files or other data that result or may result in blacklisting, service interruption, complaints, regulatory investigations, or other conditions that may negatively affect the security of the Services or the ability of Services users to send and receive email messages or other content.
• Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting.
• Transmitting any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Intentionally revealing one’s account password to others or allowing use of one’s account by others.

How to Contact Us

To contact us with questions or comments regarding this Acceptable Use Policy or claimed violations of this Acceptable Use Policy, please email support@staffwizard.com.

Date Posted:  July 23, 2021