Sencha Inc. | HTML5 Apps Acceptable Use Policy Acceptable Use Policy

Version 1.1

To uphold the quality and reputation of Sencha products and services, your use of (the “Service”) is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by Sencha in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our program policies at any time, and pursuant to the Terms of Service (the “Terms”), it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.

Prohibited Content

The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:

  1. Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
  2. Pornographic, obscene or excessively profane content;
  3. Hate-related or violent content;
  4. Content advocating racial or ethnic intolerance;
  5. Content intended to advocate or advance computer hacking or cracking;
  6. Gambling;
  7. Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  8. Drug paraphernalia;
  9. Phishing;
  10. Malicious content;
  11. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end users, to:

  1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    1. sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
    2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    3. data mining any web property (including Sencha) to find email addresses or other user account information;
    4. sending unauthorized mail via open, third-party servers;
    5. sending emails to users who have requested to be removed from a mailing list;
    6. selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
    7. sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
  2. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  4. Conduct or forward pyramid schemes and the like;
  5. Transmit content that may be harmful to minors;
  6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  7. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  8. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
  9. Promote or encourage illegal activity;
  10. Interfere with other users’ enjoyment of the Service;
  11. Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
  12. Modify, adapt, translate, or reverse engineer any portion of the Service;
  13. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
  14. Reformat or frame any portion of the web pages that are part of the Service’s Administration Console;
  15. Use the Service in connection with illegal peer-to-peer file sharing;
  16. Display any content on the Service (including but not limited to the customizable login page) that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; or
  17. Use the Service, or any interfaces provided with the Service, to access any Sencha product or service in a manner that violates the terms of service or other terms and conditions for use of such Sencha product or service.

Quota & Limits

Sencha has certain soft and hard limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that you agree not to exceed. You may enter into a written agreement with Sencha that supersedes these limits, in which case that agreement will control.

  • Network Bandwidth: 2TB/month – Soft
  • Shared DB processing: Max 200msec per second CPU time – Soft
  • Request Length: 30 seconds – Hard
  • Requests per month: 5000 – Hard
  • Requests per second: 2 – Hard

Use of SMTP and DNS Services

  1. You acknowledge that you are solely responsible for your actions and those of your end users, if any, for usage of the Services and you agree, and shall cause your end users, if any, to agree, to use the Services in accordance with this Acceptable Use Policy (AUP).
  2. You agrees that neither you, nor your end users, if any, will use the Services: (a) for illegal purposes (including but not limited to use in violation of the CAN-SPAM Act of 2003, as amended); (b) in a way that interferes with or disrupts networks connected to the Services; © in a way that violates any regulation, policy, or procedure of the networks connected to the Services; (d) in a way that violates any applicable local, state or federal law, including, without limitation, those that relate to the exportation of technical data from the United States to foreign countries or any international law; (e) in a way that facilitates, coordinates, or implements any terrorist activity, (f) in way that facilitates, coordinates or implements “botnets”; in a way that interferes with another’s use and enjoyment of the Services or similar services; (g) to store, distribute or facilitate the distribution of illegal software or illegal pornography; (h) to facilitate spamming, linkspamming, spamdexing, or any other distribution of electronic mail to one or more people who have not given specific permission to be included in such a distribution; (i) to distribute or otherwise make available to others any copyrighted material that you do not have authorization or the legal right to distribute; (j) to transmit or to aid in the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (k) to transmit or aid in the transmission of any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; or (l) to gain or attempt to gain unauthorized access to computers or computer networks. The Services make use of the Internet’s DNS protocol to create and delegate domain names, therefore, you agrees that you, and you end users, if any, will use the Services in a way that complies with all Internet regulations, policies, and procedures. For purposes of this AUP, facilitation of the unauthorized distribution of copyrighted materials through operation of a “hub”, “tracker”, or other file similar sharing mechanism, shall be considered identical to the actual illegal distribution of those copyrighted materials.
  3. Additionally, you agree that neither you nor you end users, if any will use the Services: (a) to send email to address lists obtained from third-parties, whether such lists were rented, purchased or otherwise obtained; (b) to send email to recipients whose addresses was manually or automatically “scraped” or “aggregated” from websites or third party lists; © without ensuring that every email includes a link or instructions allowing recipients to remove themselves from your email list; (d) to distribute content you do not have the right to distribute; (e) if you fail to regularly, but in no case less then every ten (10) days, remove undeliverable email addresses from your list and honor unsubscribe requests; (f) to send unsolicited email of a commercial or non-commercial nature; (g) to send mail that you know or should know will threaten Sencha’s ability to maintain positive working relationships with the networks and/or entities are responsible for accepting email sent by Sencha or its vendors on behalf of its clients.
  4. If, in Sencha’s reasonable discretion, you and/or your end users, if any, (i) use the Services in a manner that, directly or indirectly, intentionally or unintentionally, negatively effects Sencha or its vendors, systems or networks (including without limitation, overloading servers or causing portions of Sencha’s network to be blocked) or (ii) attempts or succeeds in penetrating Sencha’s security or that of its vendors, then Sencha may terminate or suspend the Services.
  5. A cleanup fee of $100.00/hour (minimum 4 hours) may be assessed by Sencha to you for violation of the terms of this AUP by you or your end users.