Totara Cloud – Acceptable Use Policy

The purpose of this Acceptable Use Policy (the “AUP”) is to outline the acceptable use of the online products and services provided to you by Totara Learning and Totara Learning’s suppliers and partners (“Totara Cloud”). These rules are in place to protect both you and Totara Learning, since inappropriate use can expose you and us to various risks including virus attacks, compromise of network systems and services, and legal issues.Totara Learning may add, delete, or modify any provision of the AUP at any time, and such revisions will be effective when Totara Learning makes the revised AUP available to you by posting it at https://www.totaralearning.com/privacy-policy.Any questions about the AUP or concerns about possible breaches of the AUP should be sent to cloudsupport@totaralearning.com

Website Content

You may not publish, transmit or store on Totara Cloud any content (including web content, email, forum postings, chat, ‘tweets’, or any other type of data, text, or message), or links to any such content, that:

• Constitutes, depicts, fosters, or promotes pornography;
• Is violent, incites violence, or threatens violence;
• Offends, threatens, denigrates, intimidates, or encourages prejudice against groups of people on the grounds of their race, colour, religion, national origin, sexual orientation, disability, or other protected traits;
• Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• Is defamatory or violates any person’s privacy or rights;
• Creates a risk to any person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• Improperly exposes trade secrets or other confidential or proprietary information;
• Assists others in defeating technical copyright protections;
• Infringes any person’s copyright, trade or service mark, patent, or other intellectual property right; or
• Is malicious, fraudulent, harassing, offensive, inappropriate, or threatening.

Illegal Use

Totara Cloud may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any applicable law or regulation, is prohibited, including but not limited to material that is obscene, defamatory, or violates any applicable export control law. Use of Totara Cloud is not allowed by any individual or organization that has been placed on a government watch list or otherwise designated as a suspected terrorist or supporter of terrorism.

Spamming

Totara Cloud may not be used to:

• Send unsolicited bulk or commercial messages (“spam”) over the Internet or other electronic communication systems, including telephone and text messaging networks;
• Maintain or support any website with an open SMTP policy;
• Maintain or support any web pages that are referenced or linked to in spam.
• Sell or distribute (or promote the sale or distribution of) software, tools, or services that facilitate spamming; or
• Perform any other act, or host, distribute, advertise, or transmit any other material or information that causes, encourages, or promotes spam of any kind.

System and Network Abuse

Any conduct that result in, encourages, or promotes any of the following is prohibited:

• Unauthorised access to or use of any data, account, system or network;
• Creation or distribution of malicious software such as viruses, worms, spyware, adware, ransomware, or Trojan horses;
• Use of excessive bandwidth, storage, or system resources;
• Attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• Monitoring data or traffic;
• Interference with provision of service to any user, host or network;
• Forging any TCP-IP packet header or any part of the header information; or
• Any conduct that may result in retaliation against Totara Learning, including any behaviour that may result in Totara Cloud or its hosting service being the target of a denial of service or other attack.

Intentional breaches of system or network security may also result in criminal charges.

Violations of the AUP

Violators of the AUP will face immediate account suspension, without notice. Totara Learning reserves the right to determine, at its sole and absolute discretion, what constitutes a breach of this AUP.No credit will be available under the Service Level Agreement or any other contractual provision or warranty for any interruptions of service resulting from breaches of this AUP.