1. General. This Acceptable Use Policy ("AUP") addresses requirements applicable to Client's use of Blackbaud's products, solutions and services ("Blackbaud Products").
2. Appropriate Use. Client will not, and will not allow or authorize its users to, use Blackbaud Products to take any actions that (i) infringe on or dilute any Blackbaud or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any Blackbaud services or equipment or cause excessive or disproportionate load on Blackbaud or its licensors or suppliers' infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) encourage conduct that violates any applicable local, state, national or international laws or regulations; or (vii) involve the unauthorized entry to any machine accessed via Blackbaud Products. If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations.
3. Responsibility for Content. Blackbaud provides cloud-based and on-premise software solutions and related services and Client provides information and content. Client accepts sole responsibility for information and content collected, stored or transmitted by Blackbaud Products on behalf of Client or its end users. Client controls and approves all aspects of its constituent communications and related content. If Client acquires content from third parties for republication, Client is solely responsible for ensuring it complies with any licensing requirements associated with such content. Client acknowledges that Blackbaud exercises no control over the information passing through the Blackbaud Products, and that Blackbaud assumes no responsibility for Client's content.
5. Personal Information. Blackbaud Products contain designated encryption functionality for the collection and storage of bank card and account numbers and individual identification numbers issued by government agencies and financial institutions. Client shall not use Blackbaud Products to collect and store such information outside the encrypted fields within Blackbaud Products.
6. Email Marketing. Client shall not send unsolicited commercial email messages using Blackbaud Products. Client shall not send email communications that contain materially misleading or falsified information.
7. Enforcement of AUP. Blackbaud reserves the right to suspend the provision of Blackbaud Products or take other appropriate remedial action to address actual or suspected violations of the AUP. Blackbaud will use reasonable efforts to notify Client and provide an opportunity to cure before taking any such action, if practicable and if permitted by law. Client will cooperate with Blackbaud in investigating complaints about potential violations and in taking any corrective action that Blackbaud deems necessary to address such violations. Blackbaud reserves the right to remove any Client content from Blackbaud Products that Blackbaud determines, at its reasonable discretion, may be illegal, tortious, or infringing on the rights of a third party. If Client becomes aware of any activity that violates this AUP, Client shall promptly notify Blackbaud of any such violation and Client shall take all necessary action to cease such violation. Violations or suspected violations of this AUP shall be immediately reported to AUP-Violation@blackbaud.com.
8. DMCA. Client acknowledges that Blackbaud is a "service provider" as defined in 17 USC § 512(k)(1), is subject to the Digital Millennium Copyright Act ("DMCA"), and has the duties of a service provider under the DMCA. Client is solely responsible for ensuring that Client data and internet content and its provision of same to Blackbaud complies at all times with all applicable laws and regulations.
9. AUP Updates. Blackbaud reserves the right to modify this AUP from time to time, effective upon posting a revised copy to the Blackbaud website at www.blackbaud.com.