Incorporated Terms – Acceptable Use Policy

Date of Last Revision: January 1, 2025

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

  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 or allow any third party to use the Website or Services for any purpose that is determined by BigCommerce, in its discretion, to be unlawful, invasive, infringing, obscene, offensive, defamatory or fraudulent, or to engage in, promote or encourage illegal activity.
    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 Third Party Rights. Your Materials may not violate, or encourage the violation of, the intellectual property rights, rights of privacy, rights of publicity, or other legal 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 Website or Services, or allow any third party to use the Website or Services, for creating or sending Internet viruses, worms or Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature, 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 Website or 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. Spam. You will not use the Website or Services, or allow any third party to use the Website or Services, to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements or other solicitations (“spam”).
    9. 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 Website or Services through any automated viewing, downloading or crawling systems.
    10. Child Pornography. The use of the Website or 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 Website or Services.
    11. Other Prohibited Activities. You will not use the Services for the purpose of competing with Feedonomics Holdings, LLC or its licensors, nor will you use the Services without first properly configuring your web servers, databases, and computer systems to ensure security. This includes, but is not limited to, using Secure File Transfer Protocol (SFTP) and/or encrypting the data you transmit to Feedonomics Holdings LLC. Engaging in any activity that, in BigCommerce’s discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Website or Services, BigCommerce’s business, reputation, goodwill, customers and/or customer relations, or the ability of BigCommerce’s customers to effectively use the Website or Services, is prohibited. Your failure to cooperate with BigCommerce in correcting or preventing violations of the Agreement by, or resulting from the activity of, Your Users (as defined in the Store Terms) constitutes a violation of the Agreement by you.
  2. Highly Regulated Products.
    1. Representations and Warranties. You represent and warrant and will continue to verify that all products (whether created, manufactured, grown, sold or intended to be sold) and services offered via BigCommerce’s platform comply with applicable laws, including but not limited to local, state, federal, and international regulations. You acknowledge that BigCommerce makes no guarantees regarding the legality of products sold in specific jurisdictions, and it is your responsibility to verify compliance with all applicable laws.
    2. Indemnification. You agree to indemnify and hold harmless BigCommerce and its affiliates from any claims, losses, damages, liabilities, or costs (including reasonable attorneys’ fees) arising from your breach of this Section 2 or related representations, including claims involving product liability, regulatory violations, or other legal claims relating to your products or services.
    3. Disclaimer. BigCommerce disclaims any responsibility for evaluating or confirming the legality of your products or services. You are solely responsible for ensuring that your products comply with applicable laws. BigCommerce shall not be liable for any damages, losses, or liabilities related to regulatory changes or third-party service provider policies affecting regulated products or services.
    4. Inapplicability of Damage Exclusions and Limitation of Liability. The limitation of liability provisions outlined in the Agreement do not apply to your breach of the Representations and Warranties section or your Indemnification obligations under this Acceptable Use Policy.