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Acceptable Use Policy

This Acceptable Use Policy is part of the Subscription Agreement by and between Subscriber and iCIMS. In the event of a conflict between this Policy and the Agreement, unless otherwise expressly provided, the Agreement will control. All capitalized terms not defined herein have the meaning ascribed to them in the Agreement.

Proper Use

Subscriber shall, and shall ensure that its Users, comply with iCIMS's documentation. iCIMS may deny Subscriber or any User use of the Subscription as may be required by iCIMS to effectuate its rights and obligations under or otherwise enforce this Agreement. iCIMS shall use commercially reasonable efforts to give Subscriber advance notice of any denial of such use, if practicable and not injurious to the legitimate commercial interests of iCIMS or its Licensors.

Restrictions

Subscriber agrees that it shall not, except as otherwise expressly permitted (a) copy or reproduce any Subscription in any form or medium, (b) modify, reverse engineer, decompile, adapt, restructure, rearrange, reorganize, recompile, reformat, create derivative works of, change, or add to any Subscription or in any way attempt to reconstruct or discover any source code or algorithms of the Subscription, or any portion thereof, by any means whatsoever, (c) remove any copyright, proprietary rights, or restrictive legends, or bypass or disable any protections that have been put in place against unlicensed use of the Subscription and/or third party Data, (d) remove iCIMS’s and its Licensors’ legends and notices to all permitted copies, adaptations, and rearrangements of the Subscription (or part thereof), (e) provide, or otherwise make available, the Subscription to any third party, (f) fail to take appropriate action with its employees, agents, and subcontractors, by agreement or otherwise, to satisfy its obligations under this Agreement with respect to the use, copying, protection, and security of the Subscription and Data, and (g) engage in any use, including copying, modification, redistribution, publication, display, performance or retransmission, of any portions of any Subscription, other than as expressly permitted by this Agreement, without the prior written consent of iCIMS, which consent iCIMS may grant or refuse in its sole and absolute discretion.

Prohibited Uses

Subscriber agrees that it shall not use any Subscription to knowingly (i) impersonate any person or entity or falsely state or otherwise misrepresent affiliation with any person or entity, (ii) intercept any Data not intended for Subscriber or its Users, and (iii) perform any ethical hack, including probing, scanning, or testing (or attempt to do any of the foregoing), loads, penetration, technical security, or other vulnerability of the Subscription or otherwise breach security or authentication measures. Subscriber agrees that it shall not use any Subscription to knowingly upload, post, email, transmit, or otherwise make available (a) any content, or engage in any behavior, action, or conduct, that is unlawful, harmful, untrue, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, illegal, invasive of another's privacy, hateful, racist, or otherwise objectionable, (b) any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, (c) any Data, or otherwise provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources), to any person(s) or organization(s) designated by the United States government as a foreign terrorist pursuant to section 219 of the Immigration and Nationality Act or otherwise in violation of any U.S. export control restrictions, (d) a time bomb, worm, virus, lock, drop-dead device, or other similar component of software or electronically stored information that is intended in any manner to (1) damage, destroy, alter, or adversely affect the operation of software, hardware, or a service in connection with which the Subscription is used, or (2) reveal, damage, or alter any Data, or any other software, hardware, or data, of another person or entity, and/or (e) any incorrect or misleading Data.

Limitations

Except as otherwise set forth on the Order Form, Subscriber acknowledges that iCIMS may establish, as described in its user, technical, and other similar documentation, general practices and limits concerning Subscriber’s conduct, use of the Data, use or access to the Subscription (or part thereof), including the maximum number of days that Data will be actively retained by or made available via the Subscription, the maximum number of uploads, posts, or transmissions that may be sent from or received by Subscriber (or its Users) via the Subscription, the maximum size of any Data, individually or collectively, that may be sent from or received by Subscriber (or its Users) via the Subscription, the maximum storage space that will be allotted to Subscriber, the length of time before an inactive User is automatically logged off of the subscription, and the maximum number of times (and the maximum duration for which) Subscriber (or its Users) may access the Subscription in a given period of time. iCIMS shall provide Subscriber with commercially reasonable notice (which for purposes of this Limitation Section may include notice by update to the applicable publicly available iCIMS documentation) of any such new practices or limits pursuant to the terms thereof. If Subscriber provides iCIMS with written notice of any objection to any such practice or limit within fifteen (15) days of Subscriber’s receipt thereof, such practice or limit will not be effective until Subscriber and iCIMS have reached an agreement with respect to such change, practice, or limit. In the event an agreement cannot be reached within sixty (60) days from Subscriber’s objection to such notice regarding the new practice or limit, such new practice or limit will not be effective as to Subscriber and iCIMS may terminate this Agreement for convenience upon thirty (30) days written notice to Subscriber.

Named Users

Subscriber shall ensure that only named Users access or use the Subscription and that each named User is a unique person. Use of a non-iCIMS intermediate user interface, portal, or page to aggregate data, information, or actions from multiple individuals or users into the Programs will be deemed separate named Users under this Agreement. Further, sharing of usernames and/or passwords for access to the Subscription is prohibited.

Consents & Authorizations

Subscriber acknowledges and agrees that (i) iCIMS is not a healthcare provider or a business associate or a covered entity for purposes of the U.S. Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”), (ii) iCIMS does not act as Subscriber’s agent, (iii) Subscriber shall not, and shall ensure each User does not, use any Subscription as the basis for any health-related decisions, and (iv) Subscriber and each User is responsible for determining the form of and obtaining consent and/or authorization, if any, required by HIPAA, privacy laws, or any other applicable foreign, state, or other laws or regulations prior to transmitting any Data to iCIMS or to any third party. Subscriber understands that the technical processing and transmission of the Subscription, including its account information, Data, and User Data, may involve (a) transmissions over various networks, including the transfer of this information to the United States and/or other countries for storage, processing, and use by iCIMS, its affiliates, and their agents, (b) changes to conform and adapt to technical requirements of connecting networks or devices, and (c) other transmission or tracking requirements (including use of cookies consistent with the limitations described in the Talent Platform Security Policy). Accordingly, Subscriber agrees to permit such parties to make such transmissions and changes, and Subscriber agrees to obtain the necessary consent from its Users for the same, and further obtain all rights necessary to share, provide access to, and permit use of Subscriber and User Data by iCIMS, its Users, and iCIMS’s agents who access the Subscription or Data in accordance with the then current Data Security & Privacy Policy.

Professional Services

Forms associated to iForm development must be provided by Subscriber to iCIMS in MS Word format. Additional Professional Services charges will apply if forms are provided to iCIMS in other formats. Such services must be authorized by Subscriber, in writing, via a new Order Form prior to the commencement of such services. No data feed services are included by default; all feeds must be outlined as additional services.

Data Import/Export

Data associated to legacy data migration and systems integration must be provided by Subscriber (or Subscriber authorized third party) to iCIMS in iCIMS’s CSV/XML Import Format (refer to iCIMS Spec Requirement for details).

In the event Subscriber requests iCIMS to conduct a Data update to Subscriber's iCIMS Talent Acquisition Suite by use of the CSV Import Tool, Subscriber shall pre-screen such Data to ensure its accuracy, integrity, completeness, and quality prior to making the Data available to iCIMS. Subscriber acknowledges that iCIMS can only conduct a full system restoration (at its then current fees) based on the most recent data backup prior to the modification or deletion of the Data. Any actions taken, including additional job, candidate, or hiring manager profiles created after the data backup, will be lost. Data loss or corruption must be reported to iCIMS within seven (7) days; failure to do so may prevent iCIMS from fully restoring Subscriber’s iCIMS Talent Acquisition Suite to an uncorrupted state.

Subscriber acknowledges and agrees that use of unsecure FTP channels reduces the security measures in place to protect the Data being transferred. As such, if Subscriber chooses to use unsecure FTP channels to transfer Data to or from iCIMS, Subscriber shall add PGP encryption to all Data prior to transferring such Data via an unsecure FTP channel. Subscriber acknowledges and agrees that Subscriber’s use of unsecure FTP channels to transfer Data to or from iCIMS is done so at Subscriber’s own risk.

Beta Subscription

iCIMS may from time to time invite Subscriber to try Services that are not generally available to iCIMS’s subscribers (“Beta Services”) and/or Programs that are not generally provided to iCIMS’s subscribers (“Beta Programs”, and together with Beta Services, a “Beta Subscription”). Subscriber may elect to participate in Beta Subscriptions at Subscriber’s sole discretion and may elect to cease further participation in future Beta Subscription releases at any time by providing iCIMS written notice. Beta Programs will be identified as beta, pilot, early access, limited release, developer preview, non-production, evaluation, or by a similar description. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BETA SUBSCRIPTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCLUSIVE OF ANY OBLIGATION, REPRESENTATION, WARRANTY, OR INDEMNIFICATION WHATSOEVER. Notwithstanding anything to the contrary in this Agreement, by electing to participate in any Beta Subscription, Subscriber agrees iCIMS is not liable for any Damages arising out of or in connection with the Beta Subscription.


Acceptable Use Policy 01JUNE2016

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