Using the Online Services
Customer may use the Online Services and related software as expressly permitted in Customer’s subscription agreement. Ghost Labs reserves all other rights.
Acceptable Use Policy
Neither Customer, nor those that access an Online Service through Customer, may use an Online Service:
• in a way prohibited by law, regulation, governmental order or decree;
• to violate the rights of others;
• to try to gain unauthorized access to or disrupt any service, device, data, account or network;
• to spam or distribute malware;
• in a way that could harm the Online Service or impair anyone else’s use of it;
• in any application or situation where failure of the Online Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage, except in accordance with the High-Risk Use section below; or
• to assist or encourage anyone to do any of the above.
Violation of the Acceptable Use Policy in this section may result in suspension of the Online Service. If Ghost Labs suspends the Online Service, Ghost Labs will suspend only to the extent reasonably necessary. Unless Ghost Labs believes an immediate suspension is required, Ghost Labs will provide reasonable notice before suspending an Online Service for the reasons stated above.
WARNING: Modern technologies, and especially platform technologies, may be used in new and innovative ways, and Customer must consider whether its specific use of these technologies is safe. The Online Services are not designed or intended to support any use in which a service interruption, defect, error, or other failure of an Online Service could result in the death or serious bodily injury of any person or in physical or environmental damage (collectively, “High-Risk Use”). Accordingly, Customer must design and implement every application such that, in the event of any interruption, defect, error, or other failure of the Online Service, the safety of people, property, and the environment are not reduced below a level that is reasonable, appropriate, and legal, whether in general or for a specific industry. Customer’s High-Risk Use of the Online Services is at its own risk. Customer agrees to defend, indemnify and hold Ghost Labs harmless from and against all damages, costs and attorneys’ fees in connection with any claims arising from a High-Risk Use associated with the Online Services, including any claims based in strict liability or that Ghost Labs was negligent in designing or providing the Online Service(s) to Customer. The foregoing indemnification obligation is in addition to any defense obligation set forth in Customer’s subscription agreement and is not subject to any limitation of, or exclusion from, liability contained in such agreements.