CodeStream, Inc. (“CodeStream”) and New Relic, Inc. (“New Relic”) are excited to announce that they have entered into a definitive agreement for the acquisition of CodeStream. The application of this Acceptable Use Policy is contingent upon the successful completion of the transaction and will be effective as of immediately prior to the closing. For the avoidance of doubt, this Acceptable Use Policy for CodeStream will be null and void if the transaction is not completed for any reason.
Acceptable Use Policy for CodeStream
June 3, 2021
New Relic’s mission is to instrument, measure and improve the internet to help our customers create more perfect software, experiences and businesses.
We strive to keep our resources operating efficiently, so our services are available to all subscribers. Because you have access to shared resources, we have put this Acceptable Use Policy (“AUP”) in place to ensure everyone has a great experience.
This AUP applies if you use any CodeStream product, service, software, website, forum, page or system (collectively, the “CodeStream Properties”) and is part of the CodeStream documentation, which can be found at http://docs.codestream.com/userguide/ (the “Documentation”).
You will not, and not allow third parties, in connection with your use of the CodeStream Properties to:
Harm New Relic’s CodeStream Properties and interests, such as by:
- Uploading, transmitting or otherwise providing content that infringes New Relic’s or a third party’s intellectual property, privacy or other rights, violates applicable laws or regulations or contains viruses, worms, harmful code, malware or other harmful materials;
- Hosting, selling, reselling, renting, exploiting, sublicensing, leasing, or otherwise providing the CodeStream Properties or any portion thereof or using such for time sharing purposes or on a service bureau basis without New Relic’s express written permission;
- Modifying, disabling, or compromising the integrity or performance of the CodeStream Properties or related systems, networks, or data; including by:
- Attempting to compromise the integrity of the CodeStream Properties, including probing, scanning or testing the vulnerability of any part of the CodeStream Properties without proper authorization;
- Overwhelming our infrastructure (such as by using “botnets”, “robots,” “spiders” and “offline readers”);
- Going beyond the use parameters for any given service as described in the corresponding Documentation; or
- Using metatags or other “hidden text”;
- Drastically exceeding your contracted rate of use as set forth in your order or the Documentation; or
- Consuming an unreasonable amount of storage.
- Accessing any unauthorized part of the CodeStream Properties, or accessing or searching any part of the CodeStream Properties by means other than those provided or authorized by New Relic (including “scraping” or using any data mining methods);
- Sharing your CodeStream Properties account or login credentials with any other individual;
- Deciphering or decrypting transmissions, circumventing any access, authentication or copy restrictions, or otherwise attempting to compromise the security of the CodeStream Properties (including any other user’s account);
- Accessing the CodeStream Properties in order to build a similar or competitive website, application or service; or
- Attempting to do anything else that may result in some form of adverse impact to the CodeStream Properties or use of the CodeStream Properties by any of our other customers.
Harass others or engage in activity that is unlawful, invasive, infringing, defamatory, fraudulent or violates anyone's legal rights, such as by:
- Posting or transmitting abusive messages, defamatory, libelous, false or misleading statements, hate speech or messages that incite or threaten violence, or stalk or harass others;
- Promoting, encouraging, or facilitating hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. You are not permitted to use CodeStream Properties if you are an entity identified by nationally-recognized non-profits as engaging in such activities.
- Attempting to modify or gain unauthorized use of or access to, your organization’s or another user's account, website, application, system, equipment or data;
- Misrepresenting yourself, impersonating another person, falsely implying or stating any sponsorship or association or otherwise misrepresenting your affiliation with New Relic or any third party, engaging in fraud, hiding or attempting to hide your identity or disguising the origin of any content (including by “spoofing” or “phishing”);
- Collecting or harvesting any personally identifiable information, including account names, from any other user’s account or the CodeStream Properties, or using the CodeStream Properties to violate the privacy of others;
- Including, publishing or posting other people’s private and confidential information without the legal right to do so, e.g., posting such information without their express permission;
- Using anyone’s name or trademarks without their express written permission;
- Using the CodeStream Properties, including information learned through the CodeStream Properties, to generate or send unsolicited communications, advertising, chain letters, or spam, either through the CodeStream Properties or outside them;
- Soliciting our users for commercial purposes, unless expressly permitted in writing by New Relic;
- Disparaging anyone;
- Using the CodeStream Properties to contact or otherwise connect with someone outside of your organization, unless you have a business or professional relationship or common business activity (e.g. a customer or other business partner); or
- Disclosing or accessing any confidential information obtained through any method contrary to the terms and spirit of this AUP.
Violate any applicable law or regulation or for high-risk purposes, such as by:
- Using the CodeStream Properties in violation of any applicable law or regulation, including data, privacy, securities exchange (such as the U.S. Securities and Exchange Commission), and export control rules and laws in applicable jurisdictions;
- Using the CodeStream Properties in any situation for which they are not designed, manufactured or intended, such as for consumer purposes, use in life support, emergency or mission critical circumstances, or in any activities where use or failure of the CodeStream Properties could lead to death, personal injury or property or environmental damage. For example, you may not use, or permit any other person to use, the CodeStream Properties in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, or weaponry systems; or
- Processing or submitting any personal data that could be legally considered sensitive in any applicable jurisdiction, including, but not limited to: (i) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (ii) personal data about individuals under the age of 16, which for the avoidance of doubt includes any “personal information” as such term is defined under the Children’s Online Privacy Protection Act; (iii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iv) financial account information, including financial account numbers or payment card data (including credit card or debit card numbers); (v) credentials granting access to an online account, including the combination of a username or email address along with a password or security question and answer that would permit access to an online account; (vi) special categories of sensitive personal data, (such as defined under Regulation (EU) 2016/679 of the European Parliament), including personal data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, sexual orientation, genetic data, biometric data, or the commission or alleged commission any crime or offense; (vii) exact geo-location data; or (viii) any data similar to the above protected under foreign or domestic laws, including without limitation any data subject to regulation under the International Traffic in Arms Regulations (ITAR), 22 C.F.R. §§ 120-130. You represent and warrant to New Relic that you have all necessary rights, consents, and permissions to use and submit data that you send to the CodeStream Properties, all without violating or infringing any applicable laws, third-party rights (including intellectual property, publicity, or privacy rights), or any terms or policies governing such data.
CodeStream Properties do not include Separate Platforms
- For purposes of this AUP, “Separate Platform” means any platform, add-on, service not provided by New Relic as part of the CodeStream Properties and that you elect to integrate or enable for use with the CodeStream Properties. The CodeStream Properties are not a part of New Relic One or New Relic’s other cloud services described here (“New Relic Services”). Use of the New Relic Services requires a separate agreement with New Relic.
- If you choose to use any Separate Platform, your use of Separate Platforms is wholly subject to your separate agreement with the relevant provider.
- New Relic bears no responsibility or liability for Separate Platforms.
- If you enable Separate Platforms with the CodeStream Properties, New Relic may access and exchange Customer Data with the Separate Platforms on your behalf and instruction.
- Open source software that New Relic makes separately available for download (e.g. community tools) is, as required, governed by the terms of the applicable open source license.
- The license for any open source software identified as included in CodeStream Properties will, as required, wholly apply to your use of that open source software.
Updates, Contact Information and Violations
We will occasionally need to modify this AUP to help us continue to provide you with a great experience while using the CodeStream Properties. In the event we modify this AUP, we will do so by posting a revised version, and any changes will be effective immediately if you’re a new user of the CodeStream Properties and thirty (30) days after posting for all other users. If you continue using the CodeStream Properties after we update this AUP, you agree to the latest version of this AUP.
You can report a violation of this AUP to: AUP@newrelic.com. Or by mail at:
New Relic, Inc.
188 Spear Street, Suite 1000
San Francisco, CA 94105
This AUP, and our customers’ compliance with it, is essential for enabling us to provide you and our other customers with the CodeStream Properties, which we take very seriously. You are wholly and solely responsible for appropriate configuration of systems and software that you own or can control to ensure your compliance with this AUP. So, if we determine in our sole discretion that you have violated this AUP, we may, without limiting any other remedies available to us, permanently or temporarily suspend, limit, or terminate your access to the CodeStream Properties without notice or liability. This right applies even if the breach is unintentional or unauthorized if we believe that any such suspension, limitation, or termination is necessary to ensure compliance with laws, or to protect the rights, safety, privacy, security, or property of us or others.
In this AUP, the term “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data you provide to New Relic or use with the CodeStream Properties. As used in this AUP, “you” may refer to an individual user or the legal entity an individual user is employed by that has contracted with New Relic, and “we” or “our” means New Relic.