This Acceptable Use Policy ("Policy") applies to you ("You") if you are using this website, located at http://www.aptana.com, ("Website") or any services ("Services") provided by Aptana Inc. ("Company"). This Policy sets forth the terms of acceptable use of the Website and the Services. You agree that your continued use of this Website or the Services signifies that you have read, understand, and agree to abide by the terms set forth below. You acknowledge and agree that Company and its suppliers may suspend or terminate your further use of the Services if you violate this policy, and may cooperate with and assist law enforcement in any resulting investigations of illegal conduct.

1. Illegal, Threatening, Defamatory, and Offensive Uses. You agree that you will not use the Services to violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority. You are responsible for maintaining licenses and adhering to the license terms of any software you run using the Services. Without limiting the foregoing, you may not use the Services for, or in connection with, the following:
   • Theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property.
   • Fraud; forgery; or theft or misappropriation of funds, credit cards, or personal information.
   • Export, re-export, or transfer of restricted software, algorithms or other data in violation of applicable export control laws.
   • Deceptive practices such as posing as another service for the purposes of Phishing or Pharming.
   • Distributing any materials of a threatening or harmful nature, including without limitation threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, or which facilitate extortion.
   • Distributing any offensive materials, including without limitation obscene, pornographic, indecent or hateful materials and materials which promote gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2. Security and Interference. You agree that you will not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through the Services. You agree that you will not use the Services in a manner that interferes with any other user's ability to use and enjoy the Services, that interferes with Company's or its service partners' ability to provide the Services, or that otherwise may create legal liability for Company or its service partners in Company's sole discretion. You will not use the Services to violate any ISP's acceptable use policy or terms of service. Without limiting the foregoing, you may not use the Services for, or in connection with, the following:
   • Hacking, cracking into, or otherwise using the non-public areas of the Services or any other system without authorization.
   • Unauthorized probes or port scans for vulnerabilities.
   • Unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system.
   • Web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled.
   • Unauthorized network monitoring or packet capture.
   • Forged or non-standard protocol headers, such as altering source addresses.
   • Flooding.
   • Denial of Service (DoS) attacks of any kind.
   • Distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
   • Operating network services such as: open proxies; open mail relays; or open, recursive domain name servers.
   • Sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the terms and this Policy.
3. "Spam." You agree that you will not use the Services for purposes of distributing e-mail "spam," bulk unsolicited instant messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which you have no preexisting business or personal relationship. Additionally, you will not use the Services to collect responses from spam. You agree not to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent. Without limiting the foregoing, you may not use the Services for, or in connection with, the following:
   • Sending pyramid schemes.
   • Sending chain letters.
   • Sending any mail in contravention of the CAN SPAM Act of 2003 or other applicable state or federal laws and regulations.
   • Altering or obscuring mail headers or assuming the identity of a sender without the explicit permission of that sender.
4. Third Party Providers. The Company utilizes services from third party providers in providing the Services to you. Accordingly, the acceptable use policies of such third party providers may apply to your use of the Services. Links to each third party provider's policies applicable to the Services are set forth at http://www.aptana.com/aup/third_party_providers, and may be updated by the Company from time to time (such updates will be effective 30 days after they are posted). You are responsible for regularly reviewing each third party's provider's policies applicable to the Services you ordered, as such terms may be revised from time to time by the third party provider.
5. Violations. If you become aware of any violation of this Policy by any user, you will promptly report such violation to Company.
6. Changes to Policy. This Policy is subject to occasional revision, and if we make any substantial changes to this Policy, we will notify you and/or prominently post notice of the changes on our Website. Any material changes to this Policy will be effective upon the earlier of thirty (30) calendar days following our notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Service or upon renewal or new orders. Please note that at all times you are responsible for updating your account information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not agree to any changes to this Policy, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Website or Service, following notice of such changes, shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
7. Contact Information. Aptana welcomes your comments or questions regarding this Policy. Please e-mail us at customerservice@aptana.com or contact us at the headquarters address or main phone number at http://www.aptana.com/about.

Aptana may provide you notices under this Policy by sending you an email to the email address you provided us in the Service order process.

This Acceptable Use Policy was last revised on July 8, 2008.