PLEASE READ CAREFULLY. BY ENTERING INTO AN ORDER FORM, OR USING OR ACCESSING POINTILLIST®, YOU AGREE TO THE BELOW TERMS AND CONDITIONS.

TERMS AND CONDITIONS OF USE

Altisource Holdings, LLC (“Altisource”) provides, by a SaaS model, a platform for customer journey analytics: Pointillist® (the “Platform”). These Terms and Conditions of Use (the “Agreement”) govern the access and use of the Platform.

  1. DEFINITIONS. In this Agreement, the following terms have the meaning defined below:
    1. “Customer” means the entity that accepted this Agreement online and/or executed an Order Form.
    2. “Data” means the data, information, materials, listings, Personal Data and other content that is uploaded to the Platform by, or on behalf of, Customer.
    3. “Order Form” means an order for products and/or services or online sign-up subscription that references this Agreement.
    4. “Personal Data” means any information relating to an identified or identifiable natural person; an “identifiable natural person” is an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (including but not limited to a screen name, username or social media handle) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
    5. “Use Policy” means Altisource’s acceptable use policy included below.
  2. TERM AND TERMINATION.
    1. This Agreement will start on the date of execution or online acceptance of the applicable Order Form and, unless terminated earlier in accordance with this Agreement, will continue until the termination or expiration of all applicable Order Form(s). Altisource may immediately terminate this Agreement and/or any Order Form if Customer breaches the terms of this Agreement or the Use Policy.
    2. Upon termination of this Agreement, Customer shall cease all use of the Platform. Termination of this Agreement or any Order Form for any reason will not relieve Customer of its obligation to pay any and all fees due to Altisource under any Order Form being terminated with the Agreement. The following provisions and/or obligations of this Agreement will survive termination or expiration of this Agreement: any obligation of Customer to pay fees incurred before termination; Section 7 (Ownership); Section 8 (Confidentiality); Section 11 (Limitation of Liability); Section 12 (Indemnification); and any other provision of this Agreement that must survive to fulfill its essential purpose.
  3. PLATFORM.
    1. During the term of the applicable Order Form, Customer may access and use the Platform in the ordinary course of its internal business operations for the sole purpose of monitoring, viewing and using key interactions, trends and analyses of the Data. Customer’s access to, and use of, the Platform will be subject to this Agreement, the applicable Order Form(s), and the Use Policy.
    2. Customer shall take all measures necessary to prevent any unauthorized access to the Platform, including without limitation by protecting its passwords and other log-in information and instructing its users not to share or disclose their log-in information. Customer shall notify Altisource immediately of any known or suspected unauthorized use of the Platform or breach of its security and shall use best efforts to stop said breach. If Altisource suspects that any log-in information of Customer has been compromised, Altisource may suspend access to the Platform and/or require Customer to create new login credentials, in Altisource’s sole discretion. Notwithstanding the foregoing, Customer remains liable for all activities that occur under its accounts.
    3. Altisource may: (i) establish general practices and limits concerning Customer’s use of the Platform, including, without limitation, the maximum period of time Data is retained in the Platform; (ii) revise, add, withdraw, remove, alter or modify any functionalities and features of the Platform; and (iii) interrupt access to, or performance of, the Platform for the performance of maintenance activities (Altisource will make reasonable efforts to minimize Customer downtime).
    4. Altisource may limit or suspend Customer’s access to the Platform upon: (i) discontinuance of the Platform (in which case Customer will be eligible for a pro-rata refund of any prepaid, unused subscription fees); (ii) unexpected technical or security issues or problems; (iii) illegal or fraudulent conduct by Customer; or (iv) payment default by Customer.
  4. PROFESSIONAL SERVICES.
    1. Altisource shall provide the professional services, on a time and materials basis, to the extent identified in any Order Form.
    2. Customer will cooperate reasonably and in good faith with Altisource by, without limitation: (i) allocating sufficient resources and timely performing any tasks necessary to enable Altisource to perform its obligations under the applicable Order Form; (ii) timely delivering any materials and other obligations required under the applicable Order Form; (iii) timely responding to any inquiries related to the services; (iv) providing, in a timely manner and at no charge to Altisource, office workspace, telephone and other facilities, suitably configured computer equipment with Internet access, access to Customer’s appropriate and knowledgeable employees; and (v) providing accurate and timely information, data and feedback all as reasonably required by Altisource.
  5. PAYMENT TERMS. Customer shall pay Altisource any and all fees set forth in each applicable Order Form. Fees are exclusive of sales, use, ad valorem, personal property, and other taxes, which are the sole responsibility of Customer. Upon execution of the applicable Order Form, payment obligations are non-cancelable and, except as expressly provided in this Agreement, upon payment, all payments made by Customer are non-refundable. Any amounts invoiced and not paid when due shall bear interest at the lower of two percent (2%) per month or the maximum rate allowed by law.
  6. DATA SECURITY.
    1. Altisource shall make commercially reasonable efforts to prevent unauthorized access, use, reproduction or disclosure of Data.
    2. The following obligations apply to the extent Personal Data is processed under this Agreement as part of the Data:
      1. Customer will provide Personal Data to Altisource, or instruct Altisource to collect or generate Personal Data, only to the extent permitted by, and in compliance with, the Agreement and the applicable law. Customer hereby instructs Altisource to collect and process the Personal Data in accordance with the Agreement or the instructions provided by Customer. Altisource will process the Personal Data only: (i) in accordance with the terms of the Agreement or such instructions; (ii) as needed to make available the Platform and provide services to Customer; or (iii) as needed to comply with applicable law.
      2. Altisource has implemented and will maintain appropriate technical and organizational security measures to protect Personal Data against: (i) unauthorized or unlawful processing; (ii) accidental or unlawful destruction; (iii) accidental loss or alteration; and (iv) unauthorized disclosure or access. Customer was offered information on the security measures used by Altisource and deems such measures to be appropriate.
      3. Altisource employees or representatives with access to the Personal Data will be subject to statutory or contractual obligations to protect, and keep confidential, such Personal Data.
      4. Customer authorizes Altisource to transfer Personal Data outside of the United States to other countries where Altisource’s affiliates or subcontractors are located.
      5. Upon termination of the Agreement, Altisource, will return or destroy the Personal Data. Personal Data that cannot be readily sanitized, such as the Personal Data encrypted in back up tapes, can be maintained with the same level of security as required by this Agreement.
  7. RESPONSIBILITIES AND RESTRICTIONS.
    1. Customer shall not submit to Altisource or upload to the Platform any Data that is illegal, deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene, pornographic or otherwise objectionable as determined by Altisource in its reasonable discretion or under applicable law. Customer represents and warrants that Customer: (i) has all necessary authority and rights to use and process the Data and to grant Altisource and its affiliates and subcontractors all rights and licenses to the Data granted herein; (ii) shall not, and the Data or other information Customer provides shall not, violate or infringe any applicable law, rule or regulation nor the rights of any third party; and (iii) has obtained and will maintain all necessary consents and authorizations from the individuals that are the subject of any Personal Data provided to Altisource and/or uploaded to the Platform. Customer accepts full responsibility for Personal Data that Customer may submit to Altisource or deliberately or inadvertently upload to the Platform. Altisource reserves the right to remove or refuse any Data for any reason. Except as otherwise provided in this Agreement, ownership of the Data is not transferred from Customer to Altisource.
    2. Customer shall be solely responsible for: (i) securing and safeguarding the Data, including without limitation, by maintaining the secrecy of its login credentials, administering the distribution and use of all login credentials and controlling the Data that is uploaded or submitted to the Platform; (ii) the accuracy, quality, integrity, completeness, legality and reliability of the Data; and (iii) ensuring that the Data, and the use of the Data under this Agreement, complies with all applicable laws.
    3. Customer, at Customer’s sole expense, will procure, operate and maintain suitable, properly operational computer hardware, software, devices and facilities as required to access and/or use the Platform and enable Altisource to perform under this Agreement. The Platform does not replace or reduce the need for Customer to maintain regular data backups or redundant data archives.
    4. Customer grants Altisource, its affiliates, subcontractors and other representatives a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to: (i) access, reproduce, display, modify, store, retain, analyze, and otherwise use (collectively, “Use”) the Data in connection with (a) Altisource’s performance under this Agreement and provision of the Platform, and (b) Altisource’s analysis and creation of Derivative Materials (as defined below); and (ii) disclose the Data as may be required pursuant to applicable law. Altisource may assemble and retain aggregate statistics of non-personally identifiable data from the Data. Such statistics, and any derivative works created from such statistics or any information related to the Customer’s usage of the Platform (collectively, the “Derivative Materials”) are, in each case, the sole and exclusive property of Altisource. To the extent Altisource does not own the Derivative Materials automatically at the time of its creation; Customer hereby grants Altisource and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to Use the Derivative Materials for any lawful purpose. The Derivative Materials are not deemed to be Customer’s Confidential Information (as the term is defined below), and will not be used by Altisource in a way that directly identifies Customer as the source of such Derivative Materials.
    5. Customer shall not (and may not authorize any party to): (i) use the Platform in a way that could cause Altisource to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation; (ii) use the Platform to develop or design any competitive product or service; (iii) co-brand or white-label the Platform; or (iv) cause the Platform of any of its features to appear in a form that is outside of the context of the Platform.
    6. Customer hereby warrants that it will never, directly or indirectly: (i) commercially market, resell or redistribute the Platform or any of its features, except as otherwise provided in other written agreements between Customer and Altisource; or (ii) commercially market any product similar to the Platform and/or that competes with the Platform in any way.
    7. The materials or reports provided through, or available on, the Platform do not constitute “consumer reports”, as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”). Accordingly, such materials or reports may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or for any other eligibility purpose that would qualify it as a consumer report under the FCRA.
  8. OWNERSHIP
    1. All right, title and interest in and to the Platform and any intellectual property related to the Platform and the software used to provide the Platform (including patents, trademarks, copyrights, designs and trade secrets, improvements in “know-how”, new uses and processes, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, and software) and any derivative works of any of the foregoing are and shall be owned solely and exclusively by Altisource or its affiliates, and Customer irrevocably waives its right, to the extent permitted by applicable law, to claim any ownership right to any of the foregoing. All use of the Platform, and all intellectual property associated therewith shall inure to the exclusive benefit of Altisource, Customer shall not at any time acquire any rights in or to the Platform by virtue of its use.
    2. Altisource, the Altisource logo, Pointillist, the Pointillist logo and certain other marks are trademarks or service marks of Altisource or its affiliates, and Customer has no rights to such trademarks or service marks.
    3. Notwithstanding anything to the contrary in this Agreement, Altisource has not agreed to and does not agree to treat as confidential any suggestion or idea provided by Customer under this Agreement. Nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Altisource’s right to use, profit from, publish, or otherwise exploit any suggestion or idea provided by Customer, without compensation to Customer.
  9. CONFIDENTIALITY
    1. Altisource shall make commercially reasonable efforts to protect the confidentiality of the non-public information disclosed by Customer hereunder and necessary for Altisource to perform under this Agreement.
    2. Customer may have access to information that, in whole or in part, is confidential to Altisource and/or its affiliates. “Confidential Information” shall mean all information provided to, received by, or otherwise made available to Customer, including but not limited to: (i) any information about the Altisource products, business models, techniques, computer systems and models, any related technology and processes arising therefrom, and any documentation thereof; (ii) the distinctive methods or procedures which Altisource uses in the design, development, licensing, support, or maintenance of the Platform; (iii) the terms and pricing under this Agreement; (iv) Altisource’s business processes and strategies; (v) all other information clearly identified as confidential; and (vi) any notes, summaries or other information or materials that arise out of, result from, or are derivative of any of the foregoing (i)-(v).
    3. The Confidential Information shall: (i) be and at all times remain the sole and exclusive property of Altisource and/or its affiliates, as applicable; (ii) not be used by Customer for any reason or purpose except in direct connection with Customer’s rights under this Agreement; and (iii) not, without the express prior written consent and approval of Altisource in each instance, be disclosed by Customer in whole or in part to any person or entity.
    4. Any use or disclosure of Confidential Information in any manner inconsistent with the provisions of this Agreement may cause Altisource irreparable damage for which remedies other than injunctive relief may be inadequate. Altisource, in addition to any other remedies it may have at law or in equity (including, without limitation, the right for Altisource to seek both direct and indirect monetary damages), shall be entitled to seek injunctive or other equitable relief to restrain such use or disclosure in addition to appropriate remedies.
    5. In the event of expiration or termination of this Agreement or upon request of Altisource, Customer shall immediately destroy or return to Altisource, without retaining any copy thereof, all Confidential Information, and any notes, extracts or other reproductions in whole or in part relating thereto, including, but not limited to, information stored electronically. Customer shall instruct its representatives to do the same. In the event of destruction, an officer of Customer shall certify that all confidential Information has been destroyed.
  10. THIRD PARTY CONTENT. The Platform may contain hyperlinks to other sites which are not maintained by, or related to, Altisource. Such third party sites are not part of the Platform, and Altisource disclaims all responsibility, warranties and liability pertaining to the same. Altisource has not necessarily reviewed any or all of such sites and is not responsible for the content of those sites. Altisource is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at Customer’s own risk, and Altisource makes no representations or warranties about the content, completeness or accuracy of these hyperlinks. Altisource provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Altisource of that site or any association with its operators.
  11. REPRESENTATIONS AND WARRANTIES.
    1. Each party represents and warrants that it has the requisite power and authority to enter into this Agreement and to deliver and perform its obligations under this Agreement.
    2. If Altisource’s performance of its obligations is prevented or delayed by any act or omission of Customer, Altisource shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer. THE PLATFORM, THE PROFESSIONAL SERVICES AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEEMENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND OR NATURE. ALTISOURCE DISCLAIMS ALL WARRANTIES, EITHIER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTISOURCE DOES NOT REPRESENT OR WARRANT THAT THE ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIRD PARTIES WILL BE UNABLE TO ACCESS OR INTERCEPT THE DATA. TO THE EXTENT THAT ALTISOURCE CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER LAW.
  12. Limitation of Liability.
    1. EXCEPT WITH RESPECT TO SECTION 13 (INDEMNIFICATION) AND/OR BREACHES OF SECTION 9 (CONFIDENTIALITY), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, BASED ON ANY THEORY OF NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR PRINCIPLE OR OTHERWISE.
    2. TO THE EXTENT THAT LIABILITY MAY BE ASSESSED AGAINST ALTISOURCE, IN NO EVENT WILL ALTISOURCE’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS, LIABILITIES, PENALTIES, FINES, LOSSES OR DAMAGES FOR ANY CAUSE OR REASON OF ANY NATURE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM, ACTION, SUIT, AND OTHER DEMAND OF ANY NATURE WHATSOEVER, WHETHER UNDER THEORY OF NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY OR PRINCIPLE OR OTHERWISE ARISING OUT OF OR IN ANY MANNER CONNECTION WITH THE PLATFORM, THIS AGREEMENT AND/OR ANY APPLICABLE ORDER(S) EXCEED THE TOTAL FEES, IF ANY, PAID BY CUSTOMER TO ALTISOURCE UNDER THIS AGREEMENT IN THE IMMEDIATE SIX (6) MONTHS PRECEDING SUCH CLAIM. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
  13. INDEMNIFICATION. Customer shall indemnify, defend, and hold harmless Altisource and Altisource’s (and its affiliates’) officers, managers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, fees, liabilities and costs, including reasonable attorneys’ fees, resulting from: (i) breach of any obligation, representation, warranty or covenant contained in this Agreement; (ii) Customer’s use of the Platform; (iii) violation of law by Customer; or (iv) acts undertaken by Altisource materially in compliance with this Agreement or Customer’s directions without negligence from Altisource.
  14. GENERAL
    1. Altisource reserves the right to provide the services and/or products described herein by any of its affiliates or subcontractors. Altisource’s affiliates are entitled to all rights, benefits, and protections granted to Altisource pursuant to this Agreement.
    2. The parties agree and acknowledge that the relationship of the parties is in the nature of independent contractors and nothing contained herein shall be construed to create any association, employment relationship, partnership, franchise, agency relationship or joint venture between the parties hereto, and neither party is the other’s employee, partner, franchisee, agent, or representative, nor shall either party have the power to obligate or bind the other, in any manner whatsoever, without the prior written consent of the party to be bound or obligated.
    3. Unless otherwise specified in this Agreement, all notices, requests, demands, and other communications (other than routine operational or billing communications, as directed in those communications) required or permitted hereunder shall be in writing (with electronic mail deemed to be a “writing” for the purposes of this Section) and shall be deemed given: (i) upon receipt, if hand delivered personally, against a signed receipt or mailed by registered or certified mail, return receipt requested and postage prepaid; or (ii) at noon on the second business day after dispatch if sent by an internationally recognized, reputable overnight courier with a reliable system for tracking delivery; and (iii) if directed to Altisource, when (i) or (ii) has occurred and a copy is sent and received by electronic mail to: contractmanagement@altisource.com. Notices to Altisource shall be delivered to 1000 Abernathy Road, NE, Suite 200, Building 400, Northpark Town Center, Atlanta, GA 30328, Attention: Corporate Secretary. Notices to Customer shall be delivered to the address or email specified in the applicable Order Form.
    4. address included in the signature page below (or at such other address a party may specify by like notice).
    5. Neither party will make any press releases, public announcement, internet posting, marketing, promotional nor other public communications of any kind in any way related to this Agreement or referencing the other party and/or its trademarks or trade-related symbols, without the other party’s prior written consent, which may be withheld at the party’s sole discretion. Notwithstanding the foregoing, Altisource may: (i) disclose the existence of this Agreement and/or the general nature of the services or products provided hereunder; and (ii) add Customer’s name and logo to Altisource’s public customer list and website.
    6. This Agreement and the terms, covenants, provisions and conditions hereof shall be binding upon, and shall inure to the benefit of, the respective heirs, successors and assigns of the parties hereto; provided, however, that Customer may not transfer or assign this Agreement. Any purported assignment in violation of this Section is void. Altisource, in its sole discretion, has the right to assign this Agreement, or any respective rights and duties thereto, in whole or in part, without prior written consent of Customer, to any entity that is an Altisource affiliate.
    7. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws provisions. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT WHICH EITHER OR BOTH OF THEM MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES ARISING OUT OF OR RELATING TO THIS LICENSE, OR THE SUBJECT MATTER HEREOF.
    8. Altisource, directly or indirectly through its affiliates or subcontractors, may monitor and audit Customer’s use of and/or access to the Platform. Customer agrees to cooperate with Altisource’s monitoring activities and audit and provide all the assistance and information requested by Altisource.
    9. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be conformed to prevailing law rather than voided, if possible, in order to achieve the intent of the parties and, in any event, the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto.
    10. The rights and remedies of the parties hereunder, or in law or in equity, shall not be mutually exclusive and are and shall be cumulative and may be exercised separately or concurrently and from time to time without waiver of any other remedies. All rights available to either party under this Agreement or any other document delivered hereunder or in connection herewith, or allowed it by law or equity, are and shall be cumulative and may be exercised separately or concurrently and from time to time without waiver of any other remedies. Neither party shall be deemed to have waived any right, power or privilege under this Agreement unless such waiver shall have been expressed in a written instrument signed by the waiving party. The failure of either party hereto to enforce any provision of this Agreement shall in no way be construed as a waiver of such provision or a right of such party to thereafter enforce such provision or any other provision of this Agreement.
    11. The enumeration and section headings used in this Agreement are placed for convenience of reference only and in the case of a conflict, the text, rather than such headings, will control. This Agreement shall be construed fairly as to both parties, and the rule of construction that the Agreement shall be interpreted against the party responsible for the drafting or preparation of such, shall neither apply nor grant favor of or against either party, regardless of which party prepared the Agreement. Unless the context of this Agreement otherwise clearly requires: (i) references in this Agreement to the plural include the singular, the singular the plural, the masculine the feminine, the feminine the masculine and the part the whole; and (ii) the word “or” shall not be construed as exclusive and the word “including,” “includes,” and “included” shall not be construed as limiting.
    12. This Agreement contains the entire agreement of the parties regarding the subject matter hereof and supersedes all other prior agreements, whether written or oral, regarding such subject matter.
    13. By consenting to the terms and conditions of this Agreement and/or by entering into an Order Form, Customer is submitting a legally binding electronic signature and is entering into a legally binding contract. Customer hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. Customer is bound to any amendments made to this Agreement by Altisource even if Customer is not provided prior notice of such amendments, Customer’s continued use of the Platform constitutes acceptance of the then current Agreement, a copy of which can be found at https://www.pointillist.com/terms-of-use/.

 

Use Policy

The products and/or services provided by Altisource or its affiliates may be used only for lawful purposes and activities which are otherwise not harmful or offensive to others, as determined by Altisource in its reasonable discretion.

Customer may not upload any content or use the services and/or products in a manner that Altisource believes:

  1. violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  2. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
  3. violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary rights of third parties;
  4. advocates or induces illegal or inappropriate activity;
  5. impersonates any person or entity or otherwise misrepresents Customer’s affiliation with a person or entity;
  6. modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the services and/or products;
  7. reverse engineers, disassembles, or decompiles the services and/or products or the software included in the services and/or products;
  8. accesses or uses the services and/or products in a way intended to avoid incurring fees or exceeding usage limits or quotas;
  9. interferes with or disrupts the services and/or products (or Altisource’s ability to provide services and/or products to others) or the servers or networks connected to the services and/or products;
  10. uses any unauthorized high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the services and/or products or networks connected to the services and/or products;
  11. involves uploading content that contains viruses, worms, corrupt files, trojan horses, or other forms of corruptive code, or any other content that may compromise, impair or destabilize the services and/or products;
  12. involves the distribution, publication, or facilitation of unsolicited e-mailings, promotions, advertising, or solicitations.

While not obligated to monitor or investigate, Altisource – in addition to any other rights it may have under the applicable agreements- may:

  1. Investigate breaches of this Use Policy or misuse of the services and/or products by Customer, any users or any third party;
  2. Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
  3. Suspend or terminate, in whole or in part, the provision of services and/or products to Customer for uses or practices that violate this Use Policy or the applicable agreements between the parties;
  4. Report any activity that Altisource believes violates any law or regulation to appropriate law enforcement authorities, regulators, or other third parties.
rev. 06/15/2018