Incorporated Terms – Acceptable Use Policy

Date of Last Revision: May 21, 2018


The terms below are incorporated into, and form an integral part of, the BigCommerce Terms of Service. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.

  1. Prohibited Activities/Content
    1. Lawful Purposes Only. You may use the Website and Services only for lawful purposes. You may not use the Website or Services for any purpose that is determined by BigCommerce, in its discretion, to be unlawful, obscene, offensive, or fraudulent.
    2. Profanity. Your Materials (as defined in the Store Terms) may not contain any profane or otherwise inappropriate subject matter, as determined by BigCommerce in its discretion.
    3. Private Information and Images. You may not post or disclose any personal or private information about, or images of, minors or any third party without the consent of such third party (or a parent’s or guardian’s consent in the case of a minor).
    4. Violations of Intellectual Property Rights. Your Materials may not violate the intellectual property rights, rights of privacy, rights of publicity, or other personal rights of any third party. BigCommerce may remove or block access to Your Materials upon receipt of proper notice of copyright infringement.
    5. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
    6. Viruses and Other Destructive Activities. You will not use the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks. You will not engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
    7. Hacking. Hacking and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
    8. Anonymous Proxies. BigCommerce does not allow the use of anonymous proxy scripts on its servers. You will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
    9. Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. BigCommerce is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or transmitted through, the Services.
    10. Other Prohibited Activities. Engaging in any activity that, in BigCommerce’s discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Services, BigCommerce’s business, reputation, goodwill, customers and/or customer relations, or the ability of BigCommerce’s customers to effectively use the Services, is prohibited. Your failure to cooperate with BigCommerce in correcting or preventing violations of the Terms by, or that result from the activity of, Your Users (as defined in the Store Terms) constitutes a violation of the Terms by you.
  2. Discussion Areas.
    1. No Warranty. BigCommerce makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services (collectively, "Discussion Areas") or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
    2. Your Postings. All information, content, or materials you post to a Discussion Area must comply with this Acceptable Use Policy. BigCommerce shall have no obligation to monitor the Discussion Areas, but may do so at its discretion and may delete, move, or edit any information or materials in the Discussion Areas.
  3. Backup Storage.

    For its own operational efficiencies and purposes, BigCommerce from time to time back up data on its servers, but is under no obligation or duty to you to do so under these Terms or otherwise. IT IS SOLELY YOUR DUTY AND RESPONSIBILITY TO BACKUP SEPARATELY YOUR FILES AND DATA THAT MAY RESIDE ON BIGCOMMERCE SERVERS. UNDER NO CIRCUMSTANCES WILL BIGCOMMERCE BE LIABLE TO YOU, YOUR USERS, OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR LOSS OF FILES AND/OR DATA ON ANY BIGCOMMERCE SERVER.

  4. Remedies.
    1. Suspension/Termination. Without limiting the rights and remedies available to it, BigCommerce reserves the right in its discretion, to suspend or terminate access to your Account and your Services subscription, with or without notice, and to take any other action that BigCommerce determines in its discretion is necessary in order to prevent or remedy any breach by you or Your Users of the Terms.
    2. Content Removal. Although BigCommerce has no obligation to monitor your Stores (as defined in the Store Terms) or Your Materials, BigCommerce may do so and may remove any of your Stores or Your Materials it believes may be (or are alleged to be) in violation of any Laws or the Terms, or are otherwise objectionable or offensive in BigCommerce’s sole discretion.
  5. Cooperation with Law Enforcement.

    When legally required, or otherwise in BigCommerce’s discretion, BigCommerce will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to Your Materials, Your Users, and your use of the Website or Services.