Executive Summary
BirchStreet Systems, LLC (BSS) is committed to providing a safe and secure environment for all its personnel, partners and customers. This Acceptable Use Policy (“Policy”) outlines appropriate use of BirchStreet Systems’ cloud-based, Procure-to-Pay software platform and associated services (together referred to as “the Services”). This Policy will be applicable to all users as long as they continue to receive Services and is in addition to any terms and conditions contained in the Agreement (as defined below) for the Services. BirchStreet Systems encourages users to make a copy of this Policy to refer to in the event of any doubt regarding use of the Services.
In addition to other rights that we have in the Master Services Agreement and Your Order, we have the right to take remedial action if this Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.
1.0 – Scope
1.1 Involved Persons
This Policy applies to all users who receive Services from BirchStreet Systems. A user’s failure to comply with this Policy may lead to suspension or termination of the Services for all the users.
1.2 Involved Systems
This standard applies to all equipment that is owned or leased by BirchStreet Systems.
2.0 – Unacceptable Use
All BirchStreet Systems’ users must use the Services in accordance with the Agreement and in accordance with all applicable laws. A user must not attempt to breach or circumvent the Platform (as defined in the Master Services Agreement) security. In addition, a user must not use the Services in any fashion that would, or assist others to:
- use the Services to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations;
- perform or disclose any benchmarking, availability or performance testing of the Services; or
- perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, remote access or penetration testing of the Services.
- mislead or deceive including pretending to be an entity or individual that a user is not;
- post or transmit information that infringes or violates the rights of a third party, including the rights of privacy and publicity;
- interfere or disrupt the Services or cause or knowingly facilitate the spread of a virus, worm, Trojan horse, or another harmful object or malicious software
- post or transmit unsolicited messages, junk mail, spam or chain letters or material that might be considered offensive;
- use the Platform to stalk, threaten or harass another person or party;
- upload, download, post, transmit, store or otherwise make available any Data that is unlawful, harassing, threatening, harmful, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful or racially or ethnically offensive;
- collect or store personal data without permission;
- promote in any way illegal or unwelcome or unsociable activities;
- access the Platform or Services or disclose any information about the Services (including the Platform) to any country that is subject to United States export control restrictions;
- attempt to breach or circumvent Platform security;
- use the Platform or Services or knowledge of the Platform or Services to assist BirchStreet Systems’ competitors; or
- undertake promotions or undertake commercial activity not connected with the business purposes the Services are intended to support.
Subject to the terms of the Master Services Agreement, the applicable Organization is responsible for any data its user uploads or communications it uses the Services for. BirchStreet Systems does not control the use of the Services by any user and users agree that use of the Services is solely at their own risk. In order to provide the Services effectively and in accordance with applicable law and the Agreement, BirchStreet Systems may monitor and record a user’s use of the Services and the user authorizes BirchStreet Systems to collect, store and use all such information in accordance with privacy provisions of the Agreement.
3.0 – Third Party Content, Services and Websites
3.1 Links
The Services may enable You to link to, transmit Your Content to, or otherwise access third parties’ websites, platforms, content, products, services, and information. We do not control and are not responsible for such third parties’ websites, platforms, content, products, services, and information.
3.2 Third Party Content Availability
Any Third-Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge and agree that we are not responsible for, and have no obligation to control, monitor, or correct, Third Party Content. We disclaim all liabilities arising from or related to Third Party Content.
3.2 Third Party Content
You acknowledge that: (i) the nature, type, quality and availability of Third-Party Content may change at any time during the Services Period, and (ii) features of the Services that interoperate with third parties such as Facebook™, YouTube™ and Twitter™, etc. (each, a “Third Party Service”), depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third-Party Content, Third Party Services or APIs. If any third-party ceases to make its Third-Party Content or APIs available on reasonable terms for the Services, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any changes to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.
4.0 – Service Monitoring, Analysis and BirchStreet Systems Software
4.1 Monitoring
We continuously monitor the Services to facilitate BirchStreet System’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. BirchStreet Systems monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. BirchStreet Systems does not monitor, and does not address issues with, non-BirchStreet Systems software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by BirchStreet Systems monitoring tools (excluding Your Content) may also be used to assist in managing BirchStreet Systems’ product and service portfolio, to help BirchStreet Systems address deficiencies in its product and service offerings, and for license management purposes.
4.2 Service Analysis
We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service Analyses publicly available; however, Service Analyses will not incorporate Your Content or Confidential Information in a form that could serve to identify You or any individual, and Service Analyses do not constitute Personal Data. We retain all intellectual property rights in Service Analyses
4.2 BirchStreet Systems Software
We may provide You with online access to download certain BirchStreet Systems Software for use with the Services. If we license BirchStreet Systems Software to You and do not specify separate terms for such software, then such Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use such BirchStreet Systems Software, subject to the terms of the Master Services Agreement and Your order, solely to facilitate Your use of the Services. You may allow Your Users to use the BirchStreet Systems Software for this purpose, and You are responsible for their compliance with the license terms. Your right to use BirchStreet Systems Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the BirchStreet Systems Software. If BirchStreet Systems Software is licensed to You under separate third-party terms, then Your use of such software is governed by the separate third-party terms.
5.0 – Changes and Auditing
5.1 Changes
BirchStreet Systems may modify this Policy at its sole discretion, and such modifications shall be effective upon their publication on the BirchStreet Systems platform or BirchStreet Systems’ website.
5.2 Auditing
The Vice President of SaaS Operations & IT will review these standards and guidelines on an annual basis or as needed to ensure that they remain relevant and effective, in line with the organization’s risk appetite and regulatory requirements.
5.3 Suspension of Services
We may suspend Your or Your Users’ access to, or use of, the Services if we believe that (a) there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, data, or applications in the Services; (b) You or Your Users are accessing or using the Services to commit an illegal act; or (c) there is a violation of this Acceptable Use Policy. When reasonably practicable and lawfully permitted, we will provide You with advance notice of any such suspension. We will use reasonable efforts to re-establish the Services promptly after we determine that the issue causing the suspension has been resolved. During any suspension period, we will make Your Content (as it existed on the suspension date) available to You. Any suspension under this paragraph shall not excuse You from Your obligation to make payments under the Master Services Agreement.
References
None.
Related Documents
Master Services Agreement
Sales Order / SOW
Revision History
| Version | Date | Approval | Description |
| 1.0 | 01/15/2024 | Jay Bridges / VP SaaS Operations & IT | Initial Creation |