Use of the Keesing Platform and any and all software and services and Materials related thereto are subject to this Keesing Acceptable Use Policy (“KAUP”). If there is a conflict between this KAUP and the Agreement between the Customer and Keesing, the Agreement will prevail.

This KAUP applies to anyone who uses the Keesing Platform and Materials, including without limitation any third party permitted by the Customer to use or access the Keesing Platform (‘End Users’). The Customer is required to inform those End Users and shall be responsible for adherence by these End Users to this KAUP.

Keesing reserves the right to amend or modify this KAUP at any time by amending this Annex II. Keesing will notify the Customer of any such amendments. By using or accessing the Keesing Platform, the Customer is agreeing to this KAUP and warrants it has advised its End Users of this KAUP accordingly.

The Customer agrees not to use, or encourage, promote, facilitate or instruct others, including End Users, to use the Keesing Platform to:
• Commit or encourage fraudulent or other illegal activities in violation of any applicable law or regulation;
• Infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections
• Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable
• Access or probe any network, computer or communications system network or computing device systems without authorization;
• Attack, abuse, interfere with, surreptitiously intercept, or disrupt any other users of the Keesing Platform;
• Distribute unwanted, unsolicited or harassing mass e-mail or other messages, promotions, advertising, or solicitations (“spam”)
• Alter, forge or obscure mail headers or assume a sender’s identity without the sender’s express permission, nor collect replies to messages sent from another internet service provider if those messages violate this KAUP;
• Disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Keesing Platform

Keesing has the right, but does not assume the obligation, to monitor and investigate violations of this KAUP. Failure to comply with or breach of this KAUP constitutes a material breach of the terms and conditions upon which Customer is permitted to use the Keesing Platform, and at any time, may result in Keesing taking any and all actions in its sole discretion, including with immediate effect:
• suspending or terminating access to the Keesing Platform;
• removing or prohibiting access to content that violates this KAUP;
• legal proceedings against the Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against the Customer; and/or
• terminate the Letter Agreement, notwithstanding a claim for damages;
• disclosure of such information to law enforcement authorities as Keesing reasonably feels is necessary or appropriate.