Terms of Use ArcGIS Online – Terms of Use Last updated – 06-27-14 We have a few rules that you need to agree to regarding your use of our Products. Below you’ll see the Legal version of the Terms of Use on the right and a plain language (English) description of the Terms on the left. Please review these Terms as your use of our Products confirms that you have agreed to them. If you’re using our Products on behalf of your organization, please be sure that you are allowed to agree to these Terms. Otherwise, you should check with someone who is authorized to agree to them before you use our Products. As this is a License Agreement, you’ll also find a few rules to govern our own behavior with respect to your use of our Products. Plain Language Description ArcGIS Terms of Use - Using ArcGIS Online to build apps You can use your ArcGIS Online Plan account to build applications for your internal use. Generally, if you are not planning to monetize your app, say by charging a fee or by embedding revenue generating advertising in your app, you can make your app available to just about anyone. The one thing you can never do, though, is sell, share, or sublicense an ArcGIS Online Named User Login Credential to provide access to your subscription. However, you are certainly free to create your own login mechanism that enables your customers to access your applications. You are not allowed to remove any logos, trademarks or any other similar attributions displayed when using our map services. If you are using our services with third party application development tools, you must add the appropriate logos and other attribution as described in the documentation. See Add attribution to your map . You are never allowed to embed an ArcGIS Online or Portal for ArcGIS Named User Login Credential (user name and password) into an application. That is equivalent to sharing your Login Credential. ArcGIS Online or Portal for ArcGIS Organizational subscribers may not embed an App Login Credential into an application that accesses an organization’s private data (data shared only within the organization). ArcGIS Online or Portal for ArcGIS Organizational subscribers are allowed to embed an App Login Credential into an application that is made available to anyone outside of an organization as long as the application only provides access to data made available publically (data shared with everyone) through ArcGIS Online Organization accounts or Portal for ArcGIS. ArcGIS Online or Portal for ArcGIS Organizational subscribers who want to make apps available to users within their organization must design the app to require the user to login to the app using their Named User Login Credential (user name and password) if the app accesses private information in your ArcGIS Online or Portal for ArcGIS Organizational account, and/or your app uses services that require a Named User login credential. ArcGIS Online for Developer subscribers are always permitted to embed an App Login Credential into apps that are used in conjunction with their Developers account. App Login Credentials are provided to you when you register your application with ArcGIS Online. *Legal Language Version* *ArcGIS Online – Terms of Use* 1. In addition to the common terms of use of Online Services (click here to review) : 1. Licensee may use Licensee's Esri Online Services account to build a Value-Added Application(s) for Licensee's internal use. 2. Licensee may also provide access to Licensee's Value-Added Application(s) to third parties, subject to the following terms: 1. Licensee may allow Anonymous Users to access Licensee's Value-Added Application(s). 2. Licensee shall not add third parties as Named Users to Licensee's ArcGIS Online account for the purpose of allowing third parties to access Licensee's Value-Added Application(s). This restriction does not apply to third parties included within the definition of Named Users. 3. Licensee shall not provide a third party with access to ArcGIS Online Services enabled through Licensee's ArcGIS Online account other than through Licensee's Value-Added Application(s). This restriction does not apply to third parties included within the definition of Named Users. 4. Licensee is responsible for any fees accrued through the use of Licensee's ArcGIS Online account by third parties accessing Licensee's Value-Added Application(s). This includes Service Credits required to support third-party Online Services usage and any additional subscription fees for Online Services as required. 5. Licensee is solely responsible for providing technical support for Licensee's Value-Added Application(s). 6. Licensee will restrict third-party use of Online Services as required by the terms of this Agreement. 7. Licensee may not remove or obscure any trademarks or logos that would normally be displayed through the use of the Online Services without written permission. If Licensee is using non-Esri application development tools to build applications that access Esri's Online Services, Licensee must include attribution acknowledging that its application is using Online Services provided by Esri. Guidelines are provided in the Documentation. 8. Licensee may not embed a Named User credential into a Value-Added Application. For ArcGIS Online for Organizations, Education, and Nongovernmental Organization/Nonprofit Organization (NGO/NPO) Plan accounts, an App Login Credential may only be embedded into Value-Added Applications that are used to provide public, anonymous access to ArcGIS Online. Licensee may not embed or use ArcGIS Online App Login Credentials in Value-Added Applications for internal use. Value-Added Applications used internally require Named User login credentials. Commercial Use of ArcGIS Online If you want to charge for access to apps you build using ArcGIS Online you have to have a paid subscription. 3. For ArcGIS Online ELA, Organization, and paid Developer Plan accounts: 1. Licensee is also permitted to: 1. Charge an additional fee to third parties to access Licensee's Value-Added Application(s), subject to the terms of this License Agreement; and 2. Transfer Licensee's Value-Added Application(s) to a third party's ArcGIS Online account, subject to the following: 1. Licensee may charge third parties a fee for Licensee's Value-Added Application(s). 2. Licensee is not obligated to provide technical support for the third party's general use of its ArcGIS Online account not related to Licensee's Value-Added Application(s). 3. Licensee is not responsible for any fees accrued through the third party's use of Licensee's Value-Added Application(s) that have been transferred to or implemented on the third party's ArcGIS Online account. 4. Licensee is not permitted to invite licensees of an ArcGIS Online Public Plan to participate in private groups. This restriction also applies to licensees of Education Plan accounts and NPO/NGO Plan accounts. ArcGIS Online Public, Education, NPO/NGO Plan subscribers If you want to generate revenue from your use of ArcGIS Online, you must purchase an ArcGIS Online Standard ELA, Organization or Developer Plan. 4. For ArcGIS Online Public Plan accounts, Development and Testing Plan accounts, Education Plan accounts, and NPO/NGO use of ArcGIS Online Organization accounts: Licensee is not permitted to charge an additional fee to third parties to access Licensee's Value-Added Application(s) or generate more than incidental advertising revenue as a consequence of the deployment or use of the Value-Added Application(s). Charging a fee to access Licensee's Value-Added Application(s) or generating more than incidental advertising revenue requires an ArcGIS Online ELA, Organization, or paid Developer Plan account. 5. ArcGIS Online Public Plan accounts: 1. Public Plan accounts are licensed for the personal use of an individual. Any use of Public Plan accounts by an individual for the benefit of a for-profit business or a government agency is prohibited. 1. This restriction does not apply to educational institutions when used for teaching purposes only, qualified NGO/NPO organizations, and press or media organizations. Individuals affiliated with these specific types of organization are permitted to use ArcGIS Online Public Plan accounts for the benefit of their affiliated organization(s). 2. Public Plan account Licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online Organization, Education, NGO/NPO, or ELA Plans. Development and Testing Plans are generally intended for developing and testing your applications for ArcGIS Online. However, you can also make your applications powered by your Development and Testing Plan available to the public, so long as you don’t monetize your application in any way, and it's not used for the benefit of a business or government agency. 6. ArcGIS Online Development and Testing Plan accounts: 1. Subject to the terms of this License Agreement, Licensee is permitted to: 1. Allow third parties to access Licensee's Value-Added Application(s), powered by their Development and Testing account, but only if the Value-Added Application is published for public access and is not used for the benefit of a for-profit business or government agency. * This restriction does not apply to educational institutions when used for teaching purposes only, qualified NGO/NPO organizations, and press or media organizations. Individuals affiliated with these specific types of organization are permitted to use ArcGIS Online Development and Testing accounts for the benefit of their affiliated organization(s). 2. Development and Testing account licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online Organization, Education, NGO/NPO, or ELA Plans. If you need more than 1 million map transactions per month, contact us . If you need more than 1 million geosearches per month, contact us . 7. ArcGIS Online paid Developer Plan accounts or Development and Testing Plan accounts: 0. License may use one (1) million map transactions per month in conjunction with their account. One (1) transaction is equal to eight (8) map tiles. 1. Licensee is limited to one million (1,000,000) basemap and one million (1,000,000) geosearch Transactions per month in conjunction with Licensee's account. "Transaction" is defined in the Documentation at ArcGIS Resources at http://links.esri.com/agol/transactiondef. With the exceptions noted, you cannot provide your ArcGIS Online Account for someone else to use. That someone else would need to get their own account. 8. Licensee is not permitted to be the licensee of an ArcGIS Online account for or on behalf of a third party. 1. This restriction does not apply to education institutions that are permitted to license ArcGIS Online Public Plan accounts on behalf of registered students of the education institution for teaching purposes only. Education institutions are also permitted to provide access to a single ArcGIS Online Public Plan account to more than one (1) registered student when used for teaching purposes only. 9. The terms "Online ELA account," "Organization Plan account," "Developer Plan account," "Public Plan account," "Development and Testing Plan account," and and "Education Plan" account refer to different types of ArcGIS Online accounts. Geocoding Service Geocoding is the process of converting an address or place into geographic coordinates to be represented on a map. If you have a paid subscription you can store the map location you get back. If you have a free Public Plan, you can’t. Infographics Service This service lets you display demographic information on a map, but you’re not allowed to capture and store that information to use for other purposes. ArcGIS Online Services – Terms of Use: 1. World Geocoding Service: Licensee may not store the geocoded results by the service without an ArcGIS Online account. Single address lookup (search) is permitted without a subscription as long as the result of the search is not stored for later use. 2. Infographics Service: Licensee may use the data accessible through this service for display purposes only. Licensee is prohibited from saving any data accessible through this service. Plain English – Data Terms of Use You get tons of data with ArcGIS Online. Some of this great data also comes from our Partners, or even other ArcGIS Online users. These additional data sources have their own terms of use that you have to agree to if you wan to use their data. For example, you can’t pretend you own someone else’s data, or make it available to 3rd parties without permission. Check out our data terms of use below (or the terms of use provided by the data owner) to make sure you don’t break any rules. ArcGIS Online Data – Terms of Use SECTION 1 – GENERAL RESTRICTIONS ON USE OF DATA The following restrictions apply to use of Data by Licensee and Licensee's end users (collectively, "Users"). Any use of Data that is not expressly authorized in Section 2 or elsewhere in the License Agreement is strictly prohibited. Without limiting the generality of the foregoing, Licensee shall ensure Users are prohibited from (i) cobranding Data, (ii) using the Data in any unauthorized service or product, or (iii) offering Data through or on behalf of any third party. Data Terms of Use Data that we provide to you through your ArcGIS Online account can only be used with other Esri Products, or applications that you build using our Products. If you have paid for an ArcGIS Online Plan subscription, you may also use the data with applications that you create using third party software. We have licensed some of the data that we provide to you from data providers that you see in the adjacent list. Our data provider Partners have additional Terms of Use that you must agree to when you use their data. Please review their Terms of Use carefully. If you use their data, we assume that you agree to the Terms of Use that you can access by following the links provided. When you view a map in ArcGIS Online, the names of the data providers who contributed data that you see in the map will be displayed in the bottom right hand corner of the map. That’s how you will know which data Partners Terms of Use you may need to review. In general, you can use the data we provide to create screen captures, printed maps or plot maps for the following uses: 1. Personal use, internal use within your business, or in a presentation or report for your customers 2. Embedded in a brochure or other marketing material 3. Display on your website to promote your products and services 4. Embed in academic publications (research journals, textbooks, etc.) 5. Copy Esri Content Packages to any device for offline use exclusively with Esri Client Software You may not: 1. Copy or store map tiles for use offline And, you must always acknowledge Esri and our data Partners if you use the data. For any other use of the data, be sure to review the corresponding Terms of Use. SECTION 2 – SPECIFIC TERMS OF USE FOR DATA 1. ArcGIS Online Data: Software and Online Services that reference this note enable access to ArcGIS Online Data. ArcGIS Online Data is provided for use solely in conjunction with Licensee's authorized use of Esri Software and Online Services. Licensee may provide third parties with access to ArcGIS Online Data through Licensee's Value-Added Application(s), subject to Addendum 3. ArcGIS Online Basemap Data: 1. ArcGIS Online basemap data can be taken offline through Esri Content Packages and subsequently delivered (transferred) to any device for use exclusively with licensed Esri Client Software. 2. ArcGIS Online basemap data is subject to an aggregate limit of fifty million (50,000,000) transactions during any twelve (12)-month period. Transactions include both basemap and geosearch Transactions. "Transaction" is defined in the Documentation at ArcGIS Resources at http://links.esri.com/agol/transactiondef. Licensee may use Data accessed through ArcGIS Online as permitted under the terms of the URLs referenced below: 1. NAVTEQ data is subject to the terms of use at http://corporate.navteq.com/supplier_terms.html. 2. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9792-teleatlas_use_data.pdf . 3. Data from i-cubed is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/j9946-icubed.pdf. 4. Microsoft Bing Maps data is subject to the terms of use at http://www.esri.com/~/media/Files/Pdfs/legal/pdfs/e-802-bing-mapsvcs.pdf. 5. BODC bathymetry data is subject to the terms of use found at http://www.esri.com/terms-of-use-bodc. 6. MB-Research GmbH (MBR) Data: Users are prohibited from (i) using MBR Data, including, without limitation, European demographic data, consumer demand data, and postal and geographic boundaries, for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any database or other compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party or (ii) modifying or otherwise altering MBR Data without MBR's prior written consent, such consent to be granted or withheld at MBR's sole discretion. 7. D&B Data: May not be used for direct mailing or direct marketing purposes. That covers all of the specific Terms of Use for ArcGIS Online. Next we’ll cover some general Terms of Use as they apply to your use of Esri Online Services. We’ll continue with the same style – where necessary, we’ll summarize the Terms of Use in plain language (English) in the left column, and the full Legal Terms will be in the right column. Please review these Terms as your use of our Products confirms that you have agreed to them. Remember, you must agree to all of these Terms before you can use our Products. And, if you’re using our Products on behalf of your organization, please be sure that you are allowed to agree to these Terms. Otherwise, you should check with someone who is authorized to agree to them before you use our Products. Common Terms of Use for Online Services We need to define a few terms used in this document, just to keep everyone on the same page ;-) Common Terms of Use for Online Services SECTION 1 – COMMON TERMS OF USE OF ONLINE SERVICES ARTICLE 1—DEFINITIONS 1. "Anonymous Users" refers to anyone who has unrestricted public access to any part of the Licensee's Content or Value-Added Applications, which Licensee has published through the use of the Sharing Tools, included with Licensee's licensed use of the Software or Online Services. 2. "API" means application programming interface. 3. "App Login Credential" means a system-generated application login and associated password, provided by registering a Value-Added Application with ArcGIS Online, which can be embedded in a Value-Added Application to enable the Value-Added Application to access and use Online Services. 4. "ArcGIS Website" means http://www.arcgis.com and any related or successor websites. 5. "Content" means Data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, software applications, and Developer Tools. 6. "Developer Tools" means software development kits (SDKs), APIs, software libraries, code samples, and other resources. 7. "Licensee's Content" means any Content that Licensee a License’s Named User, or any other user submits to Esri in connection with Licensee's use of the Online Services, any results derived from the use of Licensee's Content with Online Services, and any Value-Added Applications Licensee builds with Developer Tools and deploys with Online Services. Licensee's Content excludes any feedback, suggestions, or requests for Product improvements that Licensee provides to Esri. 8. "Named User(s)" means individuals to whom Licensee specifically enables private access to Online Services and Value-Added Applications through Licensee's Online Services account. Named Users can be anyone whom Licensee authorizes to access Online Services, but only for the exclusive benefit of Licensee, for example, Licensee's employees, agents, consultants, or contractors. For Education Plan accounts, Named Users may include registered students. No other third parties may be Named Users. Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users. Named Users have unique, individual login credentials. 9. "Online Content" means Content hosted or provided by Esri as part of Online Services, including any Map Services, Task Services, Image Services, and Developer Tools and excluding Content provided by third parties that Licensee accesses through Online Services. 10. "Service Components" means each of the following: Online Services, Online Content, ArcGIS Website, Developer Tools, Documentation, or related materials. 11. "Sharing Tools" means publishing capabilities included with Online Services and ArcGIS Website that allow Licensee to make Licensee's Content and Value-Added Applications available to third parties and/or Anonymous Users. 12. "Value-Added Application" means an application developed by Licensee for use in conjunction with the authorized use of any Software, Data, or Online Services. 13. "Web Services" as used under Licensee's existing signed license agreement, if any, means Online Services and any Content delivered by such Online Services. General Terms of Use of Online Services We provide online Software, Services, Content, and Documentation, which we collectively refer to as Online Products. Some of our Online Products require a subscription fee, some do not. In either case, you may use our Online Products as described in the documentation. The Online Products are generally licensed for your personal use, or your use on behalf of your organization. However, since these are Online Products, we expect that you will want to share information with others, or even build applications or data services using our Products and maybe even make a little money selling them online. We’ll provide more information on sharing information and how to use Product for making money a little bit later. ARTICLE 2—USE OF ONLINE SERVICES *2.1 License to Online Services.* Esri grants Licensee a personal, nonexclusive, nontransferable, worldwide license to access and use Online Services as set forth in the applicable Ordering Documents (i) for which the applicable license fees have been paid (if required), (ii) for Licensee's own internal use by Licensee and Licensee's Named Users or Anonymous Users (if applicable), and (iii) in accordance with this License Agreement and the licensed configuration on file as authorized by Esri. Our commitment to you: We want you to be successful with our Products! 2.2 Provision of Subscription Online Services. For subscription Online Services, Esri will 1. Provide Online Services to Licensee in accordance with the Documentation; 2. Provide customer support in accordance with Esri's standard customer support policies and any additional support Licensee may purchase; and 3. Use commercially reasonable efforts to ensure that Online Services will not transmit to Licensee any Malicious Code, provided Esri is not responsible for Malicious Code that was introduced to Online Services through Licensee's account or through third-party Content. Your responsibilities If you have a subscription to an Online Product that is licensed based on Named Users, you are responsible to assure that all Named Users use the Product as described in the documentation. Each Named Users of your subscription account will have a unique login credential that you provide to the use, which lets that user access, and use the product. Named Users can be anyone you provide with a unique login credential. However, since you are paying for Named Users through your subscription and are responsible for what they do with the Product, please be careful with your login credentials. Under no circumstance can you sell login credentials to your subscription account. 1. Licensee shall be responsible for Named Users' compliance with this Agreement. Licensee and Licensee's Named Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through Licensee's accounts. Named Users' login credentials are for designated Named Users only and may not be shared among multiple individuals. Named Users' login credentials may be reassigned to new Named Users if the former users no longer require access to Online Services. 2. Licensee and Licensee's Named Users are responsible for maintaining the confidentiality of Authorization Codes, Access Codes, Named Users' login credentials, or any other method that is provided that enables access to Online Services and for ensuring that unauthorized third parties do not access Licensee's account. Licensee will immediately notify Esri if Licensee becomes aware of any unauthorized use of Licensee's account or any other breach of security 3. Licensee is solely responsible for the development and operation of Licensee's Content and Value-Added Applications and the manner in which it chooses to allow or provide use, access, transfer, transmission, maintenance, or processing ability to or by others, including any use and access to Products, and any subsequent end user, end use, and destination restrictions issued by the US government and other governments. Prohibited Uses of the Online Services We hope that you will find many creative and innovative ways to use our Products to do great things. But please don’t do anything that breaks the law, or is harmful to others. We’ve put a lot of effort into providing you with a quality product. Please don’t rip us off. In the long run, that doesn’t help anyone. Our Online Products often provide access to online services or content that is provided by our Partners. They have also invested a lot of time and money in providing those services to you. They have a few rules that both you and we must also follow. For example, don’t share cached data generated by your use of the Product with others unless the documentation or this agreement explicitly permits doing so. Also, it is currently not permitted to use ArcGIS Online to power navigation devices that are installed in a vehicle. You can use our Products in accordance with the documentation to build your own applications or services and sell access to your applications or services. However, you may not sell direct access to our applications or services that we’ve provided directly to you through your subscription to others. You agree that you have the legal right to use any information, not provided by us, that you use with our Products. Governments impose certain regulations on the use of software and data, please be sure that you don’t violate your local laws, particularly related to exporting software or data, or storing sensitive information about people, like their health information. Scanning online software systems has been known to occasional crash the system. This would obviously make the system unavailable to everyone and thus everybody looses. Please don’t do that. For information on security, please visit trust.arcgis.com While we sincerely hope that it never comes to this, but if you don’t play by the rules, we may have to suspend your subscription. We promise to contact you before we do, and will try our best to help you get back in the game. 2.4 Prohibited Uses of the Online Services. In addition to the prohibited uses under the License Agreement, Licensee shall not (i) attempt to gain unauthorized access to the Online Services or assist others to do so; (ii) use Online Services for spamming, to transmit junk e-mail or offensive or defamatory material, or for stalking or making threats of physical harm; (iii) use Online Services to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment ("Malicious Code"); (iv) mirror, reformat, or display Online Services in an attempt to mirror and/or make commercial use of Online Services except to the degree that Online Services directly enable such functionality; (v) share the client-side data cache derived from Online Content with other licensed end users or third parties; (vi) distribute the client-side data cache derived from Online Services to third parties; (vii) manually or systematically collect or scrape (screen or web scraping) Content from Online Services; (viii) use ArcGIS Online Map Services, Geocoding Services, or Routing Services in communication with any in-vehicle navigation system installed in a vehicle (this does not include portable navigation devices) or that provides real-time, dynamic routing to any device (for instance, these Services may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or to calculate an alternate route if a turn is missed);. For instance, these Services may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn) or to calculate an alternate route if a turn is missed; or (ix) incorporate any portion of Online Services into a commercial product or service unless the commercial product adds material functionality to Online Services. Licensee shall not use Online Services to (a) infringe or misappropriate any third-party proprietary rights or privacy rights; (b) process, store, transmit, or enable access to any information, data, or technology controlled for export under the International Traffic in Arms (ITAR) regulations; (c) violate any export law; or (d) store or process Content online that is unclassified controlled technical information (UCTI) under DFARS 204.73, or is protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). Licensee shall not attempt to (a) probe, scan, or test the vulnerability of the Online Services or to breach any security or authentication measures used by the Online Services; or (b) benchmark the availability, performance, or functionality of Online Services for competitive purposes. Licensee is responsible for any fines, penalties, or claims against Esri, including reasonable attorneys' fees, arising out of Licensee's noncompliance with any of the foregoing prohibitions. Evaluations If you sign up for a Trial or Product Evaluation, you can use the product as described in the documentation for the duration of the Trial/Evaluation. If you purchase a subscription at or before the end of the Trial/Evaluation, you can continue to have access to anything you did with the Product during the Trial/Evaluation. If you do not purchase a subscription within 30 days of the end of the Trial/Evaluation, anything you did during the Trial/Evaluation will be deleted. 2.5 Evaluations. Esri may provide licenses to use certain Services for Licensee's internal evaluation purposes. Such licenses continue until the stated evaluation period expires or until Licensee purchases a subscription, whichever occurs first. IF LICENSEE DOES NOT CONVERT LICENSEE'S EVALUATION LICENSE TO A SUBSCRIPTION PRIOR TO EXPIRATION OF THE EVALUATION TERM, ANY CONTENT AND CUSTOMIZATIONS THAT LICENSEE UPLOADED OR MADE DURING THE EVALUATION TERM WILL BE PERMANENTLY LOST. IF LICENSEE DOES NOT WISH TO PURCHASE A SUBSCRIPTION, LICENSEE MUST EXPORT SUCH CONTENT BEFORE THE END OF LICENSEE'S EVALUATION PERIOD Modifications to our Online Products What we will do for customers with paid subscriptions: We will notify you 30 days in advance of a Product update that adds new documented capabilities to the Product. We will notify you 90 days in advance of an Product update that will discontinue any documented capability of the Product. We will only discontinue a documented capability if we are legally obligated to do so (for instance if we discovered that a capability violated a patent or copyright), or the capability becomes financially impractical to support (for instance if continuing to provide the service became so expensive that it threatened to put us out of business if we continued). If we announce that we will discontinue a documented capability of the Product, we will continue to provide support for that capability of the Product for 180 days after the update occurs, unless we are legally obligated to discontinue that capability sooner. In which case we will let you know. We want you to be successful with your use of our Products, so if we are legally required to discontinue a documented capability, we will do everything we can to provide an alternative solution that works for you. If we are unable to do so, and you choose to discontinue your subscription as a consequence, we will refund the balance of your subscription. 2.6 Modifications of Online Services. Esri reserves the right to alter or modify Online Service(s) and related APIs at any time. If reasonable under the circumstances, Esri will provide thirty (30) days' prior notice of any material alterations. 2.7 Discontinuation or Deprecation of Online Services. Esri reserves the right to discontinue or deprecate an Online Service(s) and related API(s) at any time. If reasonable under the circumstances, Esri will provide ninety (90) days' prior notice of any Online Service discontinuation or deprecation. Esri will attempt to support any deprecated APIs for up to six (6) months, unless there are legal, financial, or technological reasons not to support them. 2.8 If any modification, discontinuation, or deprecation of Online Service(s) causes a material, adverse impact to Licensee's operations, Esri may at its sole discretion attempt to repair, correct, or provide a workaround for Online Services. If a viable solution is not commercially reasonable, Licensee may cancel its subscription to Online Services, and Esri will issue a prorated refund. Attribution Plain English – Attribution is required. Do not remove it. 2.9 Attributions. Licensee is not permitted to remove any Esri or Esri's licensors' logos or other attribution associated with any use of ArcGIS Online Services. Term and Termination Be aware: We are committed to assuring that our Online Products are always available to you, but sometimes things happen. We run our Online Products in the cloud on Infrastructure as a Service (IaaS) platforms provided by IaaS service providers. These service providers also do everything they can to provide uninterrupted services to us, but the world is not a 100% safe or stable place. Service disruptions or interruptions can occur for many reasons. Acts of God, terrorist attacks (denial of service) and other events beyond our control are possible which might make access to the service temporarily unavailable. Please see the Esri Service Level Agreement (SLA) for our commitment to keep our Online Products available to you, and what we will do for you in the event that there is an unanticipated service interruption. There are a few other situations where we may have to suspend, or even terminate, your subscription. We don’t ever want to be in a position to do so, and we will contact you to determine how to resolve situation before we do, but we might have to suspend your account if: 1. You don’t renew your subscription. 2. You do any of the things you shouldn’t, as described above section on Prohibited Uses, or in the Product documentation. 3. Your use of the Product has a significant impact on performance or stability of the Product. If it appears that your use of the Product could result in the entire Product crashing, we may temporarily suspend you activities to preserve the integrity of the Product for all other customers while we attempt to contact you. 4. For Products that use Service Credits, if you exceed the available Service Credits available to your account. 5. For scheduled downtime for Product maintenance and updates. We will let you know before we do this. ARTICLE 3—TERM AND TERMINATION The following supplements Article 5—Term and Termination of the General Terms and Conditions above: 3.1 Term of Subscriptions. The term of any subscription will be provided in the Ordering Document under which it is purchased or in the Online Services description referenced therein. 3.2 Subscription Rate Changes. Monthly subscription rates may be increased upon thirty (30) days' notice. Esri may increase rates for subscriptions with a term greater than one (1) month by notifying Licensee at least sixty (60) days prior to expiration of the then-current subscription term. 3.3 Service Interruption. Licensee's access (including access on behalf of Licensee's customers) to and use of Online Service(s) may be temporarily unavailable, without prior notice, for any unanticipated or unscheduled downtime or unavailability of all or any portion of Online Services, including system failure or other events beyond the reasonable control of Esri or its affiliates. 3.4 Service Suspension. Esri and its affiliates shall be entitled, without any liability to Licensee, to suspend access to any portion or all of Online Services at any time on a service-wide basis (a) if Licensee breaches the License Agreement; (b) if Licensee exceeds usage limits and fails to purchase additional license capacity sufficient to support Licensee's continued use of Online Services as described in Article 5 of this Addendum; (c) if there is reason to believe that Licensee's use of Online Service(s) will adversely affect the integrity, functionality, or usability of the Online Service(s); (d) if Esri and its licensors may incur liability by not suspending Licensee's account; (e) for scheduled downtime to conduct maintenance or make modifications to Online Service(s); (f) in the event of a threat or attack on Online Service(s) (including a denial-of-service attack) or other event that may create a risk to the applicable part of Online Services; or (g) in the event that Esri or its affiliates determine that Online Services (or portions thereof) are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons. If feasible under these circumstances, Licensee will be notified of any Service Suspension beforehand and allowed reasonable opportunity to take remedial action. 3.5 Esri is not responsible for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Licensee or any Licensee customer may incr as a result of any Service Interruption or Service Suspension. Your content Our Online Products often provide you with the capability of uploading and storing information in the cloud and sharing that information with others. If you choose to use these capabilities of our Products, we assume that you agree to allow us to manage your information through the your use of our Product as described in the documentation. We will not access your information for any other purpose other than as necessary for you to use your information in the context of our Products. You retain all ownership in your information. If you choose to use the information sharing capabilities of our Products, we assume that you have agreed to allow us to make your information available to others, but only through your use of the documented capabilities of our Products. We will not share your information with anyone through any other mechanism unless legally obligated to do so. BACK UP YOUR INFORMATION! We are not responsible for any loss of information as a result of your use of our Products. It is your responsibility to assure your information is backed up. Should your subscription expire, we will retain any information you have stored online through the use of our Product for 30 days. Since storing your information is an expense that we must pay to our online service providers, if you have not retrieved your information within 30 days, we will remove it. ARTICLE 4—LICENSEE'S CONTENT, FEEDBACK *4.1 Licensee's Content.*Licensee retains all right, title, and interest in Licensee's Content. Licensee hereby grants Esri and Esri's licensors a nonexclusive, nontransferable, worldwide right to host, run, and reproduce Licensee's Content solely for the purpose of enabling Licensee's use of Online Services. Without Licensee's permission, Esri will not access, use, or disclose Licensee's Content except as reasonably necessary to support Licensee's use of Online Services, respond to Licensee's requests for customer support, or troubleshoot Licensee's account or for any other purpose authorized by Licensee in writing. If Licensee accesses Online Services with an application provided by a third party, Esri may disclose Licensee's Content to such third party as necessary to enable interoperation between the application, Online Services, and Licensee's Content. Esri may disclose Licensee's Content if required to do so by law or pursuant to the order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. It is Licensee's sole responsibility to ensure that Licensee's Content is suitable for use with Online Services and for maintaining regular offline backups using the Online Services export and download capabilities. *4.2 Removal of Licensee's Content.* Licensee will provide information and/or other materials related to Licensee's Content as reasonably requested by Esri to verify Licensee's compliance with this License Agreement. Esri may remove or delete any portions of Licensee's Content if there is reason to believe that uploading it to, or using it with, Online Services violates this License Agreement. If reasonable under these circumstances, Esri will notify Licensee before Licensee's Content is removed. Esri will respond to any Digital Millennium Copyright Act take-down notices in accordance with Esri's Copyright Policy, available at http://www.esri.com/legal/dmca_policy. *4.3 Sharing Licensee's Content.* If Licensee elects to share Licensee's Content using Sharing Tools, then Licensee acknowledges that it has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Licensee's Content through Online Services. ESRI IS NOT RESPONSIBLE FOR ANY LOSS, DELETION, MODIFICATION, OR DISCLOSURE OF LICENSEE'S CONTENT RESULTING USE OR MISUSE OF SHARING TOOLS OR ANY OTHER SERVICE COMPONENTS. LICENSEE'S USE OF SHARING TOOLS IS AT LICENSEE'S SOLE RISK. *4.4 Retrieving Licensee's Content upon Termination.* Upon termination of the License Agreement or any trial, evaluation, or subscription, Esri will make Licensee's Content available to Licensee for download for a period of thirty (30) days unless Licensee requests a shorter window of availability or Esri is legally prohibited from doing so. Thereafter, Licensee's right to access or use Licensee's Content with Online Services will end, and Esri will have no further obligations to store or return Licensee's Content. Online usage Some of our Online Products use a consumption (or usage) based business model linked to some of the capabilities of the Product, which means that for some capabilities of the Product, you pay for only what you use. We refer to these capabilities as fee-based services, since there is a fee associated with your use of those services. We also monitor your use of these services through a Service Credits. Service Credits measure how much of a particular capability of the Product you are using. As you use that capability of the Product, you use Service Credits, which are deducted from your subscription account, in other words, your paying for that capability when you use it, but only when you use it. Your subscription to our Online Products that use this consumption model will include an allocation of Service Credits as part of your subscription. You can use those Service Credits for any capability of the Product that is charged for based on usage. Your use of the Product may require that you purchase additional Service Credits depending on how you use the capabilities of the Product. Fees for fee-based services are documented in the Product documentation or on the Product website. If you start to run low on Service Credits, we will notify you so you can decide if you need to purchase more. If you run out of Service Credits, we may have to suspend your access to the Product until you purchase additional Service Credits. ARTICLE 5—LIMITS ON USE OF ONLINE SERVICES; SERVICE CREDITS Esri may establish limits on the Online Services available to Licensee. These limits may be controlled through Service Credits. Service Credits are used to measure the consumption of ArcGIS Online services made available through Licensee's account. The maximum Service Credits provided with Licensee's ArcGIS Online account will be addressed in the applicable Ordering Document. Esri will notify Licensee's account administrator when Licensee's Service consumption reaches approximately seventy-five percent (75%) of the Service Credits allocated to Licensee through Licensee's subscription. Esri reserves the right to suspend Licensee's account when consumption reaches one hundred percent (100%) of the Service Credits allocated to Licensee's subscription. Licensee's access to the account will be restored immediately upon the completion of Licensee's purchase transaction for additional Service Credits for the subscription account Partner Content We have many Partners who provide Content that is accessible through your use of our Product as a documented capability of our Product. Our Partners may have additional rules regarding the use of their information. We’ll go through those rules a little later. Our Partners and customers may also provide links to more specialized content or services that you may find useful. If you choose to use any of those services, you may have to agree to additional Terms of Use. We are not responsible for the consequences of your use of third party content or services not provided as a documented capability of our Products. ARTICLE 6—ONLINE CONTENT; THIRD-PARTY CONTENT AND WEBSITES *6.1 Online Content.* ArcGIS Online Data is included as a component of Online Services and is licensed under the terms of the License Agreement. *6.2 Third-Party Content and Websites.* Online Services and ArcGIS Website may reference or link to third-party websites or enable Licensee to access, view, use, and download third-party Content. This Agreement does not address Licensee's use of third-party Content, and Licensee may be required to agree to different or additional terms in order to use third-party Content. Esri does not control these websites and is not responsible for their operation, content, or availability; Licensee's use of any third-party websites and third-party Content is as is, without warranty, and at Licensee's sole risk. The presence of any links or references in Online Services to third-party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind. ArcGIS Online - Terms of Use The plain language Terms of Use are intended to help guide you in understanding our legal licensing terms for the use of Esri Online Services. Remember though, that you must agree to all of the Terms before you can use our Products. And, if you’re using our Products on behalf of your organization, please be sure that you are allowed to agree to these Terms. Otherwise, you should check with someone who is authorized to agree to them before you use our Products. For the full Terms of Use, please click here . ArcGIS for Developers * Home * Features * Documentation * Support * Pricing * Startups * Blog ArcGIS Platform * ArcGIS Online * ArcGIS Desktop * ArcGIS Enterprise * ArcGIS for Developers * ArcGIS Solutions * ArcGIS Marketplace About Esri * About Us * Careers * Insiders Blog * User Conference * Developer Summit Copyright © 2017 Esri . All rights reserved. | Privacy | Terms of use | Plain English | FAQ