Acceptable Use Policy
Montague Law | Free Legal Form Template
Introduction and Overview
This Acceptable Use Policy ("AUP" or "Policy") governs the use of all services, platforms, content, and resources (collectively, the "Services") provided by [COMPANY NAME] ("Company," "we," "us," or "our") through the [SERVICE NAME] platform, including without limitation the forms library, document templates, downloadable materials, interactive tools, and any related websites, applications, or digital properties. This Policy is incorporated by reference into and forms an integral part of the [SERVICE NAME] Terms of Service. By accessing or using the Services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Policy.
The purpose of this Acceptable Use Policy is to establish a clear framework of responsible conduct that protects the integrity, security, and availability of the Services for all Users, safeguards the intellectual property rights of the Company and third parties, ensures compliance with applicable laws and regulations, and promotes a professional and productive environment for the legal and business communities we serve. This Policy reflects the standards and expectations appropriate for a platform serving legal professionals, startup founders, and technology companies.
The legal form templates and related resources available through the Services are designed to facilitate access to high-quality legal documentation for startups, technology companies, and their counsel. The Company has invested significant resources in developing, curating, and maintaining these materials, and this Policy is intended to ensure that all Users engage with the Services in a manner that is lawful, ethical, and consistent with the professional standards expected of participants in the legal and technology ecosystems.
[COMPANY NAME] reserves the right, in its sole discretion, to determine whether any use of the Services violates this Policy, and to take appropriate action in response, including but not limited to suspension or termination of access, removal of content, and referral to law enforcement authorities. The Company’s failure to enforce any provision of this Policy shall not constitute a waiver of its right to do so in the future.
Scope and Applicability
This Policy applies to all individuals and entities that access, use, or interact with the Services in any capacity, including but not limited to registered account holders, trial users, free-tier users, subscribers, enterprise clients, authorized agents and representatives of organizational accounts, application programming interface ("API") consumers, and any other person or entity that accesses the Services through any means, whether authorized or unauthorized. This Policy applies regardless of the User’s geographic location or the jurisdiction from which the Services are accessed.
The scope of this Policy encompasses all forms of interaction with the Services, including but not limited to: browsing, searching, and viewing content on the platform; downloading, copying, or otherwise reproducing legal form templates and related materials; customizing, editing, or modifying templates obtained through the Services; uploading content, data, or information to the platform; communicating with other Users or with the Company through the platform; accessing the Services through APIs, integrations, or third-party applications; and any use of the Company’s trademarks, trade names, logos, or branding materials in connection with the Services.
This Policy is supplementary to and should be read in conjunction with the [SERVICE NAME] Terms of Service, Privacy Policy, and any other policies, guidelines, or agreements referenced therein or otherwise made available to Users. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall control unless this Policy expressly states otherwise. Additional terms or restrictions may apply to specific features, services, or content made available through the platform, and such additional terms are hereby incorporated into this Policy by reference.
Organizational accounts bear responsibility for ensuring that all individuals who access the Services through their account, including employees, contractors, agents, and affiliates, comply with this Policy. The organization is jointly and severally liable for any violations committed by individuals using the Services under its account credentials, and shall implement appropriate internal controls to ensure compliance.
This Policy applies to use of the Services across all devices, platforms, and access methods, including desktop and mobile web browsers, native applications, APIs, command-line interfaces, automated scripts, and any other current or future technology used to access the Services. The obligations set forth herein are not limited to any particular device, operating system, or access method.
Prohibited Activities
Users shall not use the Services for any purpose that is unlawful, fraudulent, deceptive, or harmful, or in connection with any unlawful, fraudulent, deceptive, or harmful purpose or activity. Without limiting the generality of the foregoing, Users shall not use the Services to: engage in, promote, facilitate, or instruct others in any activity that violates any applicable local, state, national, or international law, statute, regulation, ordinance, or judicial or administrative order; perpetrate, facilitate, or conceal any fraud, financial crime, money laundering, terrorist financing, sanctions evasion, tax evasion, or other illegal financial activity; create, distribute, or facilitate the creation or distribution of any counterfeit, forged, or fraudulent legal document, instrument, or filing; impersonate any person, entity, or organization, or falsely state, misrepresent, or otherwise mischaracterize your affiliation with any person, entity, or organization.
Users are expressly prohibited from using the Services to engage in or facilitate any form of harassment, stalking, bullying, intimidation, threats of violence, or other abusive conduct directed at any individual or group. This includes using legal form templates or other materials obtained through the Services to pursue frivolous, vexatious, or bad-faith legal claims, or to abuse the legal process for purposes of harassment, intimidation, or retaliation. Users shall not use the Services to generate or disseminate content that promotes hatred, discrimination, or violence against any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic protected by applicable law.
The Services shall not be used to create, store, transmit, distribute, or otherwise make available any material that constitutes or contains: child sexual abuse material ("CSAM") or any content that sexually exploits or endangers minors in any way; content that depicts, promotes, or facilitates human trafficking, forced labor, or modern slavery; content that provides instructions for or promotes acts of terrorism, mass violence, or the manufacture of weapons of mass destruction; obscene material as defined by applicable law; or any material the possession, distribution, or transmission of which would constitute a criminal offense under applicable law.
Users shall not engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, systems, or data of the Company or any third party. This includes, without limitation: attempting to probe, scan, or test the vulnerability of the Services or any associated system or network without express written authorization; attempting to breach, circumvent, disable, or otherwise interfere with any security, authentication, or access control measures implemented by the Company; introducing any virus, worm, Trojan horse, ransomware, spyware, adware, logic bomb, time bomb, or other malicious or technologically harmful code into the Services or any associated system; and engaging in any denial-of-service attack, distributed denial-of-service attack, or any other attack designed to render the Services or any associated system unavailable.
Users are further prohibited from: sublicensing, reselling, redistributing, or otherwise commercially exploiting the Services or any content obtained through the Services, except as expressly permitted by the applicable license terms; using any automated means, including robots, spiders, crawlers, scrapers, or similar technologies, to access the Services for any purpose without the Company’s express written consent; removing, altering, obscuring, or otherwise tampering with any copyright notice, trademark, watermark, attribution, or other proprietary rights notice affixed to or contained within any content made available through the Services; and reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, data structures, or underlying ideas of any software, technology, or system used in or to provide the Services.
Network and System Abuse
Users shall not engage in any activity that places an unreasonable or disproportionately large load on the Company’s infrastructure, network, or systems. This includes, without limitation: making excessive API calls or requests that exceed published rate limits or that are reasonably likely to degrade the performance or availability of the Services for other Users; employing automated scripts, bots, or other programmatic means to access the Services at a rate or volume that exceeds what a human user could reasonably generate through manual interaction; initiating or participating in any flooding, mail-bombing, or similar attack against the Services or any associated systems; and consuming storage, bandwidth, processing power, or other resources in a manner that is excessive relative to the User’s account type or subscription tier.
Users shall not send, facilitate, or otherwise participate in the transmission of unsolicited bulk communications ("spam") through or in connection with the Services. This prohibition applies to all forms of electronic communication, including but not limited to email, instant messaging, forum posts, comments, and any other messaging functionality provided through the Services. Users shall not use contact information obtained through the Services for the purpose of sending unsolicited commercial communications, and shall not harvest, collect, or aggregate email addresses or other contact information from the Services for any purpose without the express consent of the individuals concerned.
Unauthorized access to any account, system, network, or data associated with the Services is strictly prohibited. Users shall not: attempt to access any account, data, or system to which they have not been granted authorized access; share, transfer, or otherwise make available their account credentials to any unauthorized third party; use another User’s account credentials without the express authorization of that User and the Company; attempt to escalate privileges or access levels beyond those explicitly granted to the User; or access the Services through any account that has been suspended, terminated, or otherwise restricted by the Company.
Users shall not intercept, monitor, or otherwise capture any data or communications transmitted through or in connection with the Services without the express written consent of all parties to the communication. This includes, without limitation: packet sniffing, traffic analysis, or any other form of network monitoring directed at the Services or their Users; man-in-the-middle attacks or any other technique designed to intercept communications between Users and the Services; session hijacking, cookie theft, or any other technique designed to assume the identity or session of another User; and any attempt to decrypt, decode, or otherwise access encrypted communications or data without proper authorization.
The Company implements rate limiting, throttling, and other technical measures to ensure fair access to the Services and to protect the integrity and availability of its infrastructure. Users shall comply with all such measures and shall not attempt to circumvent, disable, or evade any rate limit, throttle, or other technical restriction imposed by the Company. Violations of rate limits or other technical restrictions may result in temporary or permanent suspension of access to the Services, in addition to any other remedies available to the Company under this Policy, the Terms of Service, or applicable law.
Content Restrictions
Users acknowledge that the Company maintains editorial and curatorial control over the content made available through the Services, and that the Company reserves the right to remove, modify, or restrict access to any content that violates this Policy, the Terms of Service, or applicable law. Users shall not upload, post, transmit, or otherwise make available through the Services any content that: is defamatory, libelous, or constitutes a false statement of fact about any individual, entity, or organization; is obscene, pornographic, sexually explicit, or otherwise inappropriate for a professional platform; promotes or glorifies violence, self-harm, suicide, or the abuse of any individual, including animals; constitutes or contains false, misleading, or deceptive information intended to deceive or defraud other Users or the public.
Users shall not create, upload, distribute, or otherwise disseminate content that constitutes hate speech, meaning any communication that attacks, denigrates, or incites hatred or violence against individuals or groups based on protected characteristics including, without limitation, race, ethnicity, color, national origin, immigration status, religion, sex, gender, gender identity, gender expression, sexual orientation, disability, medical condition, genetic information, marital status, age, veteran status, or socioeconomic status. This prohibition extends to the use of coded language, dog whistles, symbols, images, or other indirect methods of communicating hateful messages.
The Services shall not be used to create, store, transmit, or distribute any form of malicious software ("malware"), including but not limited to viruses, worms, Trojan horses, ransomware, spyware, adware, keyloggers, rootkits, botnets, or any other software or code designed to: damage, disrupt, or gain unauthorized access to any computer system, network, or data; collect personal information or data without the knowledge or consent of the affected individual; encrypt, lock, or otherwise render inaccessible any data or system for the purpose of extortion or ransom; or evade detection by antivirus, anti-malware, or other security software.
Users shall not use the Services to engage in or facilitate phishing, pretexting, social engineering, or any other deceptive practice designed to trick individuals into disclosing confidential information, transferring funds, granting access to systems or accounts, or taking any other action that they would not otherwise take. This includes the creation of any website, form, email, message, or other communication that impersonates or falsely appears to originate from the Company, the Services, or any other legitimate entity.
The Company reserves the right to employ automated and manual content moderation measures to identify and address content that violates this Policy. Users acknowledge that such measures may include, without limitation, automated scanning of uploaded content, algorithmic detection of prohibited material, human review of flagged content, and proactive monitoring of platform activity. The Company shall not be liable for any delay or failure in identifying or removing prohibited content, but shall make commercially reasonable efforts to address reported violations in a timely manner.
Intellectual Property Compliance
Users shall respect and comply with all applicable intellectual property laws, including but not limited to copyright, trademark, patent, trade secret, and related laws, in their use of the Services. Users shall not use the Services to infringe, misappropriate, or otherwise violate any intellectual property right of any third party. Without limiting the generality of the foregoing, Users shall not: reproduce, distribute, display, perform, or create derivative works of any copyrighted material without the authorization of the copyright holder or a valid legal exception (such as fair use under 17 U.S.C. Section 107); use any trademark, service mark, trade name, logo, or other indicator of source in a manner that is likely to cause confusion, mistake, or deception as to the source, sponsorship, affiliation, or endorsement of any goods, services, or content.
The legal form templates and related materials made available through the Services are the copyrighted works of [COMPANY NAME] and/or its licensors, and are protected by United States and international copyright laws and treaties. Users are granted a limited, non-exclusive, non-transferable, revocable license to use these materials in accordance with the applicable license terms set forth in the Terms of Service. Users shall not: claim authorship of, or ownership rights in, any template or material obtained through the Services; remove, alter, or obscure any copyright notice, attribution, or other proprietary rights notice contained in any template or material; redistribute, republish, or resell any template or material obtained through the Services, whether in original or modified form, without the express written consent of the Company; or use any template or material obtained through the Services to create a competing product or service.
The Company respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512) and other applicable intellectual property laws, the Company will respond promptly to notices of alleged copyright infringement that comply with the DMCA and other applicable law. The Company’s designated agent for receiving notifications of claimed infringement can be reached at [DMCA AGENT EMAIL ADDRESS] or at the postal address specified in the Terms of Service. The Company will, in appropriate circumstances, terminate the accounts of Users who are repeat infringers of the copyrights or other intellectual property rights of others.
Users who believe that their intellectual property rights have been infringed through the Services should submit a notification to the Company’s designated agent containing: a physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf; identification of the intellectual property right claimed to have been infringed; identification of the material that is claimed to be infringing, with sufficient information to enable the Company to locate the material; the complaining party’s contact information; a statement that the complaining party has a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.
Users who receive a notice of alleged infringement may submit a counter-notification to the Company’s designated agent if they believe in good faith that the material was removed or disabled as a result of mistake or misidentification. The Company will process counter-notifications in accordance with the procedures set forth in 17 U.S.C. Section 512(g) and will restore the material within ten (10) to fourteen (14) business days after receipt of a valid counter-notification, unless the complaining party files a court action seeking a restraining order against the User.
Privacy and Data Protection
Users shall comply with all applicable data protection and privacy laws and regulations in their use of the Services, including but not limited to the California Consumer Privacy Act ("CCPA"), the California Privacy Rights Act ("CPRA"), the General Data Protection Regulation ("GDPR"), the Virginia Consumer Data Protection Act ("VCDPA"), the Colorado Privacy Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), and any other applicable federal, state, local, or international data protection laws and regulations. Users are solely responsible for ensuring that their use of the Services complies with all data protection obligations applicable to them, including those arising from their relationships with their own clients, customers, and end users.
Users shall not use the Services to collect, store, process, or transmit personal information or personal data (as those terms are defined under applicable data protection laws) in violation of any applicable law, regulation, or contractual obligation. Users shall not: collect personal information from other Users or visitors to the Services without their informed, freely given consent; process personal information for purposes other than those for which consent was obtained or for which a valid legal basis exists; transfer personal information across international borders in violation of applicable data transfer restrictions; or fail to implement appropriate technical and organizational measures to protect personal information from unauthorized access, disclosure, alteration, or destruction.
Users who use the Services to process personal information on behalf of their clients or in the course of providing professional services shall ensure that they have obtained all necessary consents, authorizations, and legal bases for such processing, and that they have entered into all required data processing agreements with relevant parties. The Company shall not be responsible for any failure by a User to comply with its own data protection obligations, and the User shall indemnify and hold harmless the Company from any claims, losses, damages, or liabilities arising from such failure.
Users shall not use the Services to engage in any form of unauthorized surveillance, tracking, monitoring, or profiling of individuals. This includes, without limitation: deploying cookies, web beacons, tracking pixels, or other tracking technologies through or in connection with the Services without providing adequate notice and obtaining required consent; scraping, harvesting, or otherwise collecting personal information from the Services for the purpose of building individual profiles, databases, or dossiers; using personal information obtained through the Services for automated decision-making or profiling that produces legal or similarly significant effects on individuals without providing required notice and opt-out mechanisms; and selling, licensing, or otherwise monetizing personal information obtained through the Services without the express consent of the individuals concerned and in compliance with applicable law.
The Company’s collection, use, and disclosure of personal information in connection with the Services are governed by the [SERVICE NAME] Privacy Policy, which is available at [PRIVACY POLICY URL]. Users are encouraged to review the Privacy Policy carefully and to contact the Company at [PRIVACY EMAIL ADDRESS] with any questions or concerns regarding the Company’s data protection practices.
Security Requirements
Users are responsible for maintaining the security and confidentiality of their account credentials, including usernames, passwords, API keys, access tokens, and any other authentication or authorization credentials associated with their use of the Services. Users shall: select strong, unique passwords that are not easily guessable and that are not reused across multiple accounts or services; enable multi-factor authentication ("MFA") where available and recommended by the Company; promptly change their password and notify the Company if they believe their account credentials have been compromised or if there has been any unauthorized use of their account; and not share their account credentials with any unauthorized person or use another person’s account credentials without express authorization.
Users shall implement and maintain reasonable and appropriate technical and organizational security measures to protect the confidentiality, integrity, and availability of any data or information accessed, processed, stored, or transmitted in connection with their use of the Services. Such measures shall be commensurate with the sensitivity of the data or information concerned, and shall include, at a minimum: encryption of data in transit using industry-standard protocols (such as TLS 1.2 or higher); encryption of sensitive data at rest using industry-standard encryption algorithms; regular updates and patching of all software, operating systems, and devices used to access the Services; and deployment and maintenance of up-to-date antivirus, anti-malware, and firewall protection on all devices used to access the Services.
Users shall not conduct any security testing, penetration testing, vulnerability scanning, or similar assessment of the Services or any associated system or network without the express prior written consent of the Company. Users who wish to conduct authorized security research or testing must submit a request to [SECURITY EMAIL ADDRESS] and comply with all terms, conditions, and restrictions specified by the Company in its authorization. The Company may, in its sole discretion, establish a responsible disclosure or bug bounty program, the terms and conditions of which shall be published separately and shall govern all authorized security research activities.
Users shall promptly notify the Company at [SECURITY EMAIL ADDRESS] of any known or suspected security incident, vulnerability, or breach affecting the Services or any data accessed, processed, stored, or transmitted in connection with the Services. Such notification shall include, to the extent known: a description of the incident, vulnerability, or breach; the date and time of discovery; the nature and scope of any data or systems affected; any remedial measures taken or planned; and the contact information of the person reporting the incident. Users shall cooperate fully with the Company’s investigation of any security incident and shall preserve all relevant evidence and records.
The Company implements industry-standard security measures to protect the Services and the data processed therethrough, including but not limited to encryption, access controls, intrusion detection and prevention systems, regular security audits and assessments, and employee security training. However, no security measure is infallible, and the Company cannot guarantee that the Services will be free from all security vulnerabilities or that unauthorized access to User data will never occur. Users acknowledge and accept this inherent risk and agree that the Company’s liability for security incidents shall be limited as set forth in the Terms of Service.
Email and Communication Standards
Users shall comply with all applicable laws and regulations governing electronic communications, including but not limited to the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act"), the Telephone Consumer Protection Act ("TCPA"), the European Union ePrivacy Directive, and any other applicable federal, state, local, or international laws governing electronic communications. Users shall not use the Services to send, facilitate, or otherwise participate in the transmission of any communication that violates applicable law.
Users who use the Services to send or facilitate the sending of commercial electronic messages, including but not limited to emails, text messages, push notifications, and in-app messages, shall ensure that all such messages: accurately identify the sender and provide valid contact information; include a clear and conspicuous mechanism for recipients to unsubscribe or opt out of future messages; honor unsubscribe and opt-out requests within the time frames required by applicable law (ten business days under the CAN-SPAM Act); do not contain false or misleading header information, subject lines, or content; and comply with all other requirements of applicable anti-spam and electronic communications laws.
Users shall not use the Services to send or facilitate the sending of communications that contain threats, harassment, abuse, profanity, obscenity, or other content that is inappropriate for a professional context. Users shall conduct all communications facilitated by the Services in a professional and respectful manner, consistent with the standards expected of participants in the legal and business communities. The Company reserves the right to review, monitor, and moderate communications sent through the Services to the extent permitted by applicable law.
Users shall not use the Services to impersonate any person, entity, or organization in any electronic communication, or to create a false impression as to the origin, source, or authorization of any electronic communication. This includes, without limitation: forging email headers or other message metadata; using deceptive sender names, email addresses, or reply-to addresses; creating or using fake or misleading social media profiles or accounts in connection with the Services; and sending communications that falsely purport to originate from the Company, the Services, or any other legitimate entity.
The Company may send Users electronic communications related to their use of the Services, including but not limited to account notifications, security alerts, service updates, billing communications, and promotional messages. Users may opt out of promotional communications in accordance with the mechanisms provided in such communications and as described in the Privacy Policy. Users may not opt out of transactional or service-related communications that are necessary for the administration of their account or the provision of the Services.
Resource Usage and Fair Use
Users shall use the Services in a manner that is consistent with the intended purpose of the Services and that does not unduly burden, degrade, or impair the Services or the experience of other Users. The Company provides the Services on a shared infrastructure basis, and each User’s usage affects the availability and performance of the Services for all other Users. Users shall therefore exercise reasonable restraint in their consumption of platform resources, including but not limited to bandwidth, storage, processing capacity, API calls, and support resources.
The Company may establish and enforce usage limits, quotas, rate limits, and other restrictions on the use of the Services, and may modify such limits from time to time in its sole discretion. Such limits may vary based on the User’s account type, subscription tier, or other factors determined by the Company. Current usage limits and quotas are published in the applicable service documentation and are incorporated into this Policy by reference. Users who require higher usage limits than those associated with their current account type or subscription tier should contact the Company to discuss available options.
Users shall not use the Services in any manner that the Company reasonably determines to be excessive, disproportionate, or abusive relative to the User’s account type, subscription tier, or the intended use case of the Services. Examples of usage that may be considered excessive or abusive include, without limitation: downloading, copying, or otherwise reproducing a substantial portion of the forms library in a short period of time; using automated tools to systematically access, download, or scrape content from the Services; accessing the Services from an unusually large number of devices, IP addresses, or geographic locations; and using the Services in a manner that generates a volume of support requests that is disproportionate to the User’s account type or subscription tier.
The Company reserves the right to monitor usage of the Services for the purpose of ensuring compliance with this Policy and maintaining the quality and availability of the Services for all Users. If the Company determines that a User’s usage is excessive, disproportionate, or otherwise inconsistent with fair use, the Company may, in its sole discretion: contact the User to discuss their usage and offer solutions; throttle, rate-limit, or otherwise restrict the User’s access to the Services; require the User to upgrade to a higher-tier subscription plan; or suspend or terminate the User’s access to the Services in accordance with the enforcement procedures set forth in this Policy.
Nothing in this section shall be construed to limit the Company’s right to modify, expand, reduce, or discontinue any aspect of the Services at any time, with or without notice, in accordance with the Terms of Service. The Company shall not be liable for any loss or damage arising from the enforcement of usage limits, quotas, or other restrictions in accordance with this Policy.
Monitoring and Enforcement
The Company reserves the right, but does not assume the obligation, to monitor, review, and audit the use of the Services for the purpose of ensuring compliance with this Policy, the Terms of Service, and applicable law. Such monitoring may include, without limitation: logging and analysis of access logs, API calls, and other usage data; automated scanning and analysis of content uploaded to or transmitted through the Services; review of reports and complaints submitted by Users and third parties; and periodic audits of User accounts and activity for compliance with this Policy.
Users acknowledge and agree that the Company may, in the course of monitoring the Services, access, review, and analyze User content, usage data, and other information associated with User accounts. The Company shall handle all such information in accordance with the Privacy Policy and applicable data protection laws. The Company shall not disclose User content or usage data to third parties except as required by law, as necessary to enforce this Policy or the Terms of Service, or as otherwise permitted by the Privacy Policy.
The Company may investigate any suspected violation of this Policy, and may cooperate with law enforcement authorities, regulatory agencies, and other third parties in the investigation and prosecution of any activity that the Company reasonably believes may constitute a violation of applicable law. Users shall cooperate fully with any investigation conducted by the Company or on the Company’s behalf, and shall provide all information and assistance reasonably requested by the Company in connection with any such investigation.
The Company may take any action it deems appropriate in response to a violation of this Policy, including but not limited to the actions described in the "Consequences of Violations" section below. The Company shall endeavor to apply enforcement measures in a manner that is proportionate to the severity and nature of the violation, taking into account factors such as: the intentionality of the violation; the harm caused or potentially caused by the violation; the User’s history of compliance or non-compliance; the User’s cooperation with the Company’s investigation; and any mitigating or aggravating circumstances. However, the Company reserves the right to take immediate and decisive action in response to any violation that it determines, in its sole discretion, poses an imminent threat to the safety, security, or integrity of the Services, the Company, or any third party.
The Company shall not be liable for any action taken or not taken in connection with the monitoring, investigation, or enforcement of this Policy, provided that the Company acts in good faith and in accordance with its reasonable interpretation of this Policy and applicable law. Users who believe that the Company has taken enforcement action against them in error may appeal such action in accordance with the procedures described in this Policy.
Reporting Violations
The Company encourages all Users and third parties to report suspected violations of this Policy promptly and in good faith. Reports may be submitted by email to [ABUSE EMAIL ADDRESS], through the reporting mechanism available on the platform at [REPORT URL], or by postal mail to [COMPANY ADDRESS]. The Company takes all reports seriously and will investigate each report in a timely and thorough manner.
When reporting a suspected violation, Users and third parties should provide as much detail as possible to facilitate the Company’s investigation, including but not limited to: the nature of the suspected violation and the specific provision(s) of this Policy believed to have been violated; the identity of the User or account believed to be responsible for the violation, if known; the date, time, and circumstances of the suspected violation; any evidence or documentation supporting the report, such as screenshots, URLs, email headers, or log files; and the contact information of the person submitting the report, so that the Company may follow up if additional information is needed.
The Company shall treat all reports of suspected violations as confidential to the extent permitted by applicable law and the Company’s operational requirements. The Company shall not disclose the identity of the person submitting a report to the accused User or to any third party except as required by law, as necessary to conduct the investigation, or as otherwise required by the Company’s legal obligations. The Company shall take reasonable steps to protect reporters from retaliation and shall not take any adverse action against any person who submits a good-faith report of a suspected violation.
The Company will endeavor to acknowledge receipt of reports within [ACKNOWLEDGMENT PERIOD, e.g., two (2) business days] and to provide the reporter with a summary of the outcome of its investigation within [RESOLUTION PERIOD, e.g., thirty (30) business days] of receipt, to the extent permitted by applicable law, confidentiality obligations, and the Company’s operational requirements. However, the Company cannot guarantee specific response times and shall not be liable for any delay in investigating or resolving a report.
Users and third parties may also report suspected illegal activity directly to the appropriate law enforcement authorities, regulatory agencies, or other government bodies. The Company encourages Users to report suspected illegal activity to law enforcement in addition to, rather than instead of, reporting to the Company, so that the Company can take appropriate action to protect the Services and its Users. Nothing in this Policy shall be construed to discourage or prevent any person from reporting suspected illegal activity to law enforcement or regulatory authorities.
Consequences of Violations
Violations of this Policy may result in a range of consequences, depending on the severity, frequency, and nature of the violation. The Company reserves the right, in its sole discretion, to determine the appropriate response to any violation of this Policy, and to take any combination of the following actions: issuance of a written warning to the User, specifying the nature of the violation and the corrective action required; temporary suspension of the User’s access to all or part of the Services, for a period determined by the Company in its sole discretion; permanent termination of the User’s account and access to the Services; removal, modification, or restriction of access to any content that violates this Policy; forfeiture of any prepaid fees, credits, or other amounts associated with the User’s account; and reporting of the violation to law enforcement authorities, regulatory agencies, or other appropriate third parties.
In cases involving severe violations, including but not limited to violations involving illegal activity, threats to personal safety, distribution of CSAM, distribution of malware, or significant harm to the Company or its Users, the Company may take immediate action to suspend or terminate the User’s access to the Services without prior notice or opportunity to cure. The Company shall not be required to provide any refund, credit, or other compensation in connection with any suspension or termination of access resulting from a violation of this Policy.
The Company may, but is not required to, implement a graduated enforcement approach for certain categories of violations. Under such an approach, the Company may issue a first warning for an initial violation, a second warning or temporary suspension for a subsequent violation, and permanent termination for continued non-compliance. However, the Company is not bound to follow any particular sequence of enforcement actions and may escalate directly to suspension or termination at any time, in its sole discretion, if it determines that the circumstances warrant such action.
In addition to the enforcement actions described above, the Company reserves the right to pursue all available legal remedies against any User who violates this Policy, including but not limited to: claims for damages, including direct, indirect, consequential, special, and punitive damages; claims for injunctive or equitable relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions; claims for recovery of attorneys’ fees, costs, and expenses incurred in connection with the enforcement of this Policy; and any other remedies available under applicable law or equity. The User acknowledges that violations of this Policy may cause irreparable harm to the Company for which monetary damages alone would be inadequate, and agrees that the Company shall be entitled to seek injunctive relief in any court of competent jurisdiction without the necessity of posting a bond.
Users whose access to the Services has been suspended or terminated as a result of a violation of this Policy may appeal such action by submitting a written appeal to [APPEALS EMAIL ADDRESS] within [APPEAL PERIOD, e.g., thirty (30) calendar days] of the date of the suspension or termination notice. The appeal shall include: the User’s name, account information, and contact information; a description of the enforcement action being appealed; the reasons why the User believes the enforcement action was taken in error or was disproportionate; and any evidence or documentation supporting the appeal. The Company shall review the appeal and provide a written response within [APPEAL RESPONSE PERIOD, e.g., thirty (30) business days] of receipt. The Company’s decision on appeal shall be final and binding.
Modifications to the Policy
The Company reserves the right to modify, amend, supplement, or replace this Policy at any time, in its sole discretion, by posting the revised Policy on the [SERVICE NAME] website or by otherwise making the revised Policy available through the Services. The Company will indicate the date of the most recent revision at the top of the Policy (the "Effective Date"). Users are responsible for reviewing this Policy periodically to stay informed of any changes.
For material changes to this Policy, the Company will endeavor to provide Users with advance notice of no less than [NOTICE PERIOD, e.g., thirty (30) calendar days] before the changes take effect. Such notice may be provided by email to the address associated with the User’s account, by a prominent notice on the [SERVICE NAME] website, by an in-app notification, or by any other method that the Company determines is reasonably calculated to provide actual notice to affected Users. The Company shall determine, in its sole discretion, whether a change is material for purposes of this section.
A User’s continued use of the Services after the Effective Date of any modification to this Policy shall constitute the User’s acceptance of and agreement to be bound by the modified Policy. If a User does not agree to any modification, the User’s sole and exclusive remedy is to discontinue use of the Services and terminate their account in accordance with the Terms of Service. The Company shall not be liable for any loss or damage arising from a User’s failure to review the Policy or a User’s decision to continue using the Services after a modification to the Policy.
The Company may, from time to time, issue supplementary guidelines, advisories, or interpretive guidance relating to this Policy. Such supplementary materials are intended to assist Users in understanding and complying with this Policy, but shall not be construed as limiting or expanding the scope of this Policy unless expressly stated. In the event of any conflict between this Policy and any supplementary material, this Policy shall control.
Archived versions of this Policy may be made available upon request by contacting the Company at [LEGAL EMAIL ADDRESS]. The Company encourages Users to review the current version of this Policy regularly and to contact the Company with any questions or concerns regarding any modifications.
Relationship to Terms of Service
This Acceptable Use Policy is incorporated by reference into and forms an integral part of the [SERVICE NAME] Terms of Service. All terms, conditions, and provisions of the Terms of Service apply to this Policy, including without limitation the provisions governing limitation of liability, indemnification, dispute resolution, governing law, and venue. Capitalized terms used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Service.
This Policy supplements, and does not replace or supersede, the Terms of Service. The Terms of Service contain additional obligations and restrictions that apply to Users’ use of the Services, and Users are responsible for complying with both this Policy and the Terms of Service. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall control unless this Policy expressly states otherwise with respect to a specific provision.
The Company may enforce this Policy independently of, or in conjunction with, the Terms of Service. Any violation of this Policy may also constitute a breach of the Terms of Service, and the Company may exercise any and all rights and remedies available to it under this Policy, the Terms of Service, or applicable law. The exercise of any right or remedy under this Policy shall not limit or preclude the exercise of any other right or remedy available to the Company under the Terms of Service, applicable law, or equity.
This Policy should also be read in conjunction with the [SERVICE NAME] Privacy Policy, which governs the Company’s collection, use, and disclosure of personal information in connection with the Services. Users’ obligations under this Policy with respect to privacy and data protection are in addition to, and not in lieu of, any obligations set forth in the Privacy Policy. To the extent that this Policy addresses privacy or data protection matters, it is intended to complement, not replace, the Privacy Policy.
By agreeing to the Terms of Service, Users automatically agree to be bound by this Policy. Users who do not agree to this Policy may not access or use the Services. The Company recommends that all Users read the Terms of Service, this Policy, and the Privacy Policy in their entirety before accessing or using the Services, and that Users consult with their own legal counsel if they have any questions regarding their rights or obligations under these documents.
Industry-Specific Considerations
Users who operate in regulated industries, including but not limited to healthcare, financial services, education, government, and legal services, bear additional responsibilities when using the Services. Such Users are solely responsible for ensuring that their use of the Services complies with all industry-specific laws, regulations, standards, and ethical obligations applicable to their business or profession. The Company does not represent or warrant that the Services, including any legal form templates or related materials, are suitable for use in any particular regulated industry or that they satisfy any particular regulatory requirement.
Users in the healthcare industry who use the Services in connection with protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA") and its implementing regulations are responsible for ensuring compliance with all applicable HIPAA requirements, including the Privacy Rule, the Security Rule, and the Breach Notification Rule. Such Users shall not upload, transmit, or store PHI on the platform without first entering into a Business Associate Agreement ("BAA") with the Company, if applicable, and implementing all required administrative, technical, and physical safeguards. The Company does not provide HIPAA-compliant hosting or storage unless expressly stated in a separate written agreement.
Users in the financial services industry who use the Services in connection with financial data, customer information, or regulated activities are responsible for ensuring compliance with all applicable financial regulations, including but not limited to the Gramm-Leach-Bliley Act ("GLBA"), the Sarbanes-Oxley Act ("SOX"), the Payment Card Industry Data Security Standard ("PCI DSS"), the Bank Secrecy Act ("BSA"), and any applicable regulations of the Securities and Exchange Commission ("SEC"), the Financial Industry Regulatory Authority ("FINRA"), the Commodity Futures Trading Commission ("CFTC"), or any other applicable regulatory body. Users shall implement all required controls, safeguards, and reporting mechanisms in connection with their use of the Services.
Users in the education sector who use the Services in connection with student records or education data are responsible for ensuring compliance with the Family Educational Rights and Privacy Act ("FERPA"), the Children’s Online Privacy Protection Act ("COPPA"), the Protection of Pupil Rights Amendment ("PPRA"), and any applicable state student data privacy laws. Users shall not use the Services to collect, process, store, or transmit student personally identifiable information ("student PII") in violation of any applicable law or without obtaining all required consents and authorizations from parents, guardians, or eligible students.
Legal professionals and law firms who use the Services shall ensure that their use complies with all applicable rules of professional conduct, ethical obligations, and bar association requirements, including but not limited to duties of competence, confidentiality, communication, and supervision. Legal professionals shall exercise independent professional judgment in their use of any legal form templates or materials obtained through the Services, and shall not rely on such materials as a substitute for competent legal analysis and advice tailored to the specific circumstances of each matter. The Company does not provide legal advice and the use of the Services does not create an attorney-client relationship between the Company and any User.
Drafting an Effective AUP
An effective Acceptable Use Policy must balance comprehensiveness with clarity, providing sufficient detail to address the full range of potential misuse scenarios while remaining accessible and understandable to all Users. The drafting process should involve stakeholders from legal, compliance, information security, product, customer success, and executive leadership teams to ensure that the Policy reflects both the operational realities of the business and the legal and regulatory landscape in which it operates. The Policy should be written in clear, unambiguous language that avoids unnecessary legal jargon while maintaining the precision necessary for legal enforceability.
The cornerstone of an effective AUP is specificity in its treatment of prohibited activities. Vague or overly broad prohibitions, such as "Users shall not engage in any inappropriate conduct," are difficult to enforce and provide insufficient guidance to Users seeking to comply. Instead, each category of prohibited activity should be defined with sufficient particularity to enable a reasonable User to determine, by reference to the Policy, whether a specific action or course of conduct is permitted or prohibited. Where appropriate, illustrative examples should be provided to clarify the scope of each prohibition, while making clear that the examples are not exhaustive.
An effective AUP should also clearly articulate the enforcement mechanisms and consequences of violations, creating a transparent and predictable framework for addressing non-compliance. Users should understand, before they engage in any conduct, what the potential consequences of a violation may be, how the Company will investigate and adjudicate suspected violations, and what procedural protections (such as notice, an opportunity to cure, and a right to appeal) are available to them. This transparency not only promotes compliance but also enhances the legal enforceability of the Policy by demonstrating that Users received fair notice of the rules and consequences.
The AUP should be a living document that is regularly reviewed and updated to reflect changes in the law, technology, industry standards, and the Company’s business practices. The Company should establish a formal review cycle, with reviews occurring at least annually and additional reviews triggered by significant events such as the introduction of new services or features, changes in applicable law or regulation, security incidents or emerging threats, and material changes in the Company’s user base or business model. Each review should involve a cross-functional team and should consider feedback from Users, customer support teams, and legal counsel.
Finally, an effective AUP must be properly communicated and made accessible to all Users. The Policy should be prominently linked from the Company’s website, included in the account registration and onboarding process, and referenced in the Terms of Service and other relevant agreements. The Company should consider requiring Users to affirmatively acknowledge and accept the Policy at account creation and at periodic intervals thereafter, particularly after material modifications. The Company should also provide mechanisms for Users to ask questions about the Policy and to receive guidance on compliance.
Common AUP Pitfalls
One of the most common pitfalls in drafting an Acceptable Use Policy is the use of vague, ambiguous, or overly broad language that fails to provide Users with clear guidance on what conduct is permitted and what is prohibited. Provisions such as "Users shall not engage in any activity that the Company deems inappropriate" or "Users shall use the Services only for their intended purpose" are virtually unenforceable because they do not define the prohibited conduct with sufficient specificity. Courts and regulators have consistently held that ambiguous policy provisions are to be construed against the drafter, making vagueness a significant legal risk as well as a compliance failure.
Another frequent pitfall is the failure to keep the AUP current with changes in technology, law, and business practices. An AUP that was drafted when the Company launched its first product may be wholly inadequate to address the risks and challenges presented by new services, features, or technologies. For example, the proliferation of generative artificial intelligence tools, low-code and no-code platforms, and automated workflows has created entirely new categories of potential misuse that many existing AUPs do not address. Companies should resist the temptation to treat the AUP as a "set it and forget it" document and should instead commit to regular, thorough reviews.
Overreliance on a single enforcement mechanism, typically termination, is another common pitfall. An AUP that provides only for termination of access as a consequence of any violation, regardless of severity, is both disproportionate and practically unworkable. Users who commit minor or inadvertent violations should not face the same consequences as Users who engage in deliberate, malicious, or illegal conduct. A well-drafted AUP should provide for a range of enforcement actions, including warnings, temporary suspensions, content removal, and account restrictions, in addition to termination, and should vest the Company with discretion to select the most appropriate response based on the circumstances of each case.
Failing to address the rights and obligations of organizational users and their personnel is another significant oversight. Many AUPs are drafted with individual users in mind and do not adequately address the complexities of organizational accounts, where multiple individuals may access the Services under a single account or set of credentials. An effective AUP should clearly articulate the organization’s responsibility for the conduct of its personnel, require the organization to implement appropriate internal controls and training, and address issues such as account sharing, credential management, and the offboarding of former employees or contractors.
Finally, many organizations fail to effectively communicate and implement the AUP, rendering even a well-drafted policy ineffective. An AUP that is buried in a dense Terms of Service document, that is not presented to Users at account creation, or that is not accessible from the Company’s website will fail to provide the notice necessary for effective enforcement. The Company should ensure that the AUP is a standalone, clearly identified document; that Users are required to affirmatively acknowledge and accept the Policy; that the Policy is easily accessible from the Company’s website and from within the Services; and that the Company provides training, guidance, and support to help Users understand and comply with the Policy.
This template is provided by Montague Law for informational purposes only and does not constitute legal advice. Consult a qualified attorney before using this document.