Acceptable and Fair Use Policy

Policy Date last revised: October 2017
Last revised Date this page: December 11, 2017, 2pm GMT.

1. Scope
This acceptable and fair use policy (“Usage Policy”) applies to your use of all services provided by Thunderhead. This Usage Policy is in addition to any usage limits included in any order forms or as otherwise agreed with you.

2. Definitions
The following terms shall have the following meanings:
“Reference Data”
means a call from: (i) any digital or physical location where a third party individual can interact with a customer; or (ii) any customer system or service containing information that may be exchanged with the Thunderhead platform, to send customer lookup data for storage in the Thunderhead platform.
“Profile Event”
means any event resulting in an update to the customer profile such as a new or updated attribute value or a new activity for a customer.
“Anonymous Customer”
means any customer being tracked by ONE who has not yet been identified.
“Identified Customer”
means any customer being tracked by ONE that has 1 or more identifiers e.g. email address, CRM contact ID, membership ID within their Profile.
“Profile”
means any data stored within Thunderhead relating to an individual customer.

3. Data Storage Volume Limits:
Reference Data:
Thunderhead shall support up to 100GB of Reference Data storage per customer.
Profile Data: 
Thunderhead will store for up to a 6 month period the latest 500 Profile Events for each Anonymous Customer.
Thunderhead will store for up to a 13 month period the latest 2500 Profile Events for each Identified Customer.
 
4. API Rate Limits:
Any applications that access the Thunderhead API must not place unreasonable load on Thunderhead servers. Thunderhead has an automatic rate limiting provision that dynamically adjusts as more concurrent and/or expensive requests occur. When the rate limit is exceeded, API requests will fail. Rate limiting is enforced using a combination of source IP address and/or access token.
If an application or user regularly exceeds the API rate limits or uses a disproportionately large number of high-impact requests, the access tokens may be revoked, or other measures may be taken to ensure the stability of the system, including Thunderhead’s right to suspend or terminate your account.
 
5. Prohibited Materials
You must ensure that when using any of our services, you do not, and do not permit any third party to, display, store, process or transmit:
any material which is defamatory of any person;
any material which is obscene, offensive, hateful, inflammatory, discriminatory, promotes violence or is sexually explicit;
any material which infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
any material which is likely to deceive any person;
any material which is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
any material which promotes any illegal activity;
any material which is threatening, abuse or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety;
any material which is likely to harass, upset, embarrass, alarm or annoy any other person;
any material which is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
any material which gives the impression that they emanate from us, if this is not the case.
 
6. Prohibited Use
You may use our services only for lawful purposes.  You may not use our services:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is fraudulent, or has any unlawful or fraudulent purpose or effect;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
for any emergency operations within any emergency response organisations, including but not limited to:law enforcement agencies such as the police force, fire rescue services, military and defence organisations e.g. Army, Navy and Air Command, coast guard, lifeguard, road and air traffic control and bomb disposal;
fire rescue services and disaster response organisations;
emergency medical services such as ambulance services, air ambulance services and water rescue, or public health care bodies.
 
7. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Usage Policy through your use of our services.  When a breach of this policy has occurred, we may notify you of such breach and may work with you to reduce your usage so that it conforms with this Usage Policy and take any other action as we deem appropriate.
Failure to comply with this Usage Policy constitutes a material breach of the terms of use upon which you are permitted to use our services, and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our services;
immediate, temporary or permanent blocking of your IP addresses;
immediate, temporary or permanent removal of any posting or material uploaded by you;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Usage Policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

8. Changes to the Acceptable and Fair Use Policy
We may revise this Usage Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Usage Policy may also be superseded by provisions or notices published elsewhere on our website.