End User Terms of Use Agreement for the GraniteNet Web Products And Services

This Terms-of-Use Agreement (this “Agreement”) describes prohibited uses of GraniteNet Web products and services (“GraniteNet Web”) made by CUES, Inc. (“the Provider”) which are purchased software modules and subscribed to by its customer (“Subscriber”) and installed on-premise and, or subscribed to as a cloud-based, Software-As-A-Service (“SaaS”) made available to Subscriber End Users for an annual subscription fee.

Throughout this Terms-of-Use Agreement, the terms "we," "us" and "our" refer to CUES GraniteNet Web software, made available to you, the user, conditioned upon your acceptance of these terms stated here.

By using the GraniteNet Web products, you hereby represent that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you hereby represent through your use of the products that you have permission and legal authority to bind that entity. Your use of GraniteNet Web constitutes your agreement to these Terms-of-Use. If you do NOT agree to these Terms-of-Use, please do NOT use the GraniteNet Web suite of Web Products and services.

Subscriber is responsible for ensuring that its Subscriber Data and use of the Services by Subscriber and its Permitted Users complies with the terms of this Agreement whether deployed on-premise or in the Cloud.

Provider’s SAAS solution uses Amazon Web Services and makes Subscriber’s data available by request (the “Services”). The examples described herein are not exhaustive and CUES may modify its published Terms-of-Use at any time. By using GraniteNet Web or accessing the GraniteNet Cloud site, Subscriber agrees to the latest version of the Terms which shall be posted https://terms.granitenetweb.com and such updates will be effective upon posting. Subscriber hereby agrees that by continuing to use GraniteNet Web products and services after the effective date of any modifications to this Agreement, Subscriber agrees to be bound by the modified terms. If Subscriber violates the Terms or authorizes or helps others to do so, CUES may suspend or terminate Subscriber’s use of the GraniteNet Web Services.

No Illegal, Harmful, or Offensive Use or Content

Subscriber may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

• Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
• Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, malware, ransomware, time bombs, or cancelbots.

No Security Violations

Subscriber may not use the GraniteNet Web and its services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception. Monitoring of data or traffic on a System without permission.
• Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

Subscriber may not make network connections to any users, hosts, or networks unless Subscriber has permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

Subscriber will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. Subscriber will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Subscriber will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Monitoring and Enforcement

Provider reserves the right, but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services. Provider may:

• investigate violations of these Terms or misuse of the Services; or
• remove, disable access to, or modify any content or resource that violates these Terms;
• Upon reasonable notice to Subscriber, Provider may be obligated to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties without disclosing customer information. Upon reasonable notice to Subscriber, Provider also may cooperate with appropriate law enforcement agencies or regulatory entities to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

Reporting of Violations of this Policy

If Subscriber becomes aware of any violation of these Terms, Subscriber will immediately notify Provider and provide assistance, as requested, to stop or remedy the violation. To immediately report any violation of this Policy, please send an Email to the Granite Support helpdesk to GraniteSupport@cuesinc.com

Disclaimers

THE GRANITENET WEB AND ITS SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, PROVIDER AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR ANY THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

Limitations of Liability

BY USING THE GRANITENET WEB AND ITS SERVICES, SUBSCRIBER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “SUBSCRIBER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE GRANITENET WEB AND ITS SERVICES.