Terms and Conditions
MOOBIZ TERMS AND CONDITIONS FOR THE SITE
The wording below sets out the terms and conditions on which Moobiz Limited of Park House, 37 Clarence Street, Leicester LE1 3RW having registered company number 06877287 trading as Moobiz or Moobiz.com (“Moobiz” or “us”, “we”, or “our” in these terms and conditions) provides applications services and website hosting services to persons and companies (“Services”). We provide the following Services:
- Online accounting and invoicing; holiday recording; mileage recording; company minutes recording; purchase order creation and management; diary and event recording (“Business Management Service”);
- Creation of cost proposals; tracking of email correspondence and shared files; project invoicing; tracking of outstanding invoices; billable time recording; purchase order creation and management (“Project Management Service”);
- Customer relationship management; customer information recording; contacts database; feedback and enquiries recording; create and track emails in email marketing (“Customer Management Service”);
- eCommerce shop; product catalogue management; contacts database; create and track emails in email marketing (“eCommerce Service”);
- email marketing to customers; contacts database; website visitor activity reporting (“Web Marketing Service”);
- Control and management of the content of your website; news articles & blogs; image-led projects creation and recording; product catalogue; feedback and enquiries recording; price list; facilitate website visitors to forward links to your webpages; visitor guestbook; publication profiles of your staff; map provision and search facilities; locations listings; links directory management; publication of job vacancies; collection of job applicant CVs; diary and event recording; publication of customer testimonials (“Content Management Service”)
- Website hosting (“Hosting Service”)
Our Services are aimed at business customers, who are based in or trade in the UK. “You” or “your” shall mean the person, organisation or company who enters into a contract for the provision of Services, subject to these terms and conditions (“Agreement”). If you are not a business customer, that is, if you are neither in the course of business nor holding yourself out as being in business but you are someone who wishes to use our applications services for your own personal, non-business purposes, we should be interested in hearing from you, so that we may make an informed decision as to whether or not to extend our business to provision of services to consumers.
GENERAL TERMS AND CONDITIONS
1. Terms and Conditions
These General Terms and Conditions shall apply to all and any of the Applications accessed and/or used by you under this Agreement (“Applications”) for Applications Service Provision (i.e. the provision of software application(s) hosted on our server and accessed by you from a remote location) and/or for website hosting service provision. Any Special Terms and Conditions which may apply to any particular type of Application and/or for website hosting shall be contained in your “Accounts Settings” page which is, or may later be, adopted as a schedule to this Agreement. Any Special Term, Condition or provision which is inconsistent herewith shall override these General Terms and Conditions.
2. Placing your order and acceptance
- When you place your order for one or more of our Applications or for website hosting it is an offer by you to enter into a legal contract with us. In placing your order, you represent to us that you are providing us with accurate, current and up to date information only by the completed online order form.
- We and you will only enter into a binding contract when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification. The acceptance, and all notices, statements and other communications to you thereafter, will be by email and/or by our website. After acceptance, for so long as the contract exists, you agree to use reasonable endeavours to maintain and promptly update us with accurate, current and up to date information so that we keep such information as you supplied by the online order form as it relates to you accurate, current and complete.
3. The Applications and Website Hosting
- The Application(s) which you select to use are our or third party software programs which will be licensed or sub-licensed to you by us in accordance with the terms of this Agreement and/or under any Special terms specified in your “Accounts Settings” page.
- You may add to or vary the selection of Applications which you wish to license from time to time during the continuance of this Agreement and your “Accounts Settings” page will be amended accordingly by you accessing and/or using the additional or varied Application.
- The website hosting which you select to use will be hosted on our server and it will be connected to the internet via the server upon the terms and subject to the conditions of this Agreement and/or under any Special terms specified in your “Account Settings” page.
4. The ASP System
- The Applications and all other material, information and services made available to you under this Agreement are part of our ASP computer system (the “ASP System”). The ASP System comprises hardware, software, firmware and communications facilities which are continually amended and updated by us and by many third party suppliers (the “System Suppliers”).
- You accept that the ASP System is provided to you “as is” and that, save as expressly set out in this Agreement, we make neither representation to you nor warrant as to its availability, reliability, suitability or timeliness.
- You acknowledge and agree that any part of the ASP System including any Application may be amended from time to time during the continuance of this Agreement.
5. Software Licences
In order for you to gain access to and use the Applications and the ASP System, we hereby grant to you a non-exclusive, non-transferable licence to access the ASP System using our software (“our Software”) to enable you to use the Applications during the Term of this Agreement in accordance with the following conditions:
- Our Software may only be used by you and by the number of users (“seats”) paid for by you to access the ASP System for the sole purpose of using the Applications licensed by you hereunder;
- All other terms of this Agreement shall (where applicable) apply to our Software including but not limited to clauses 4, 8,10-13.
- In order for you to use the Applications, we license our own software or in respect of any third party software we are authorised to sub-license to you the Applications in accordance with the terms of this Agreement and/or under any Special terms specified on your “Account Settings” page.
- In order for you to use the Applications, for you to gain access to the Applications and the ASP System, you need to use web browsers that are the current versions of the popular web browsers approved by us for use with the ASP System. Thereafter, upon any web browser you use becoming no longer current, you will need to update to a current version.
6. Standard ASP Services
We shall use all our reasonable endeavours to ensure that the ASP System will (subject to other terms of this Agreement) be available 24 x 7 x 365. This undertaking does not apply to the Applications which are third party products. You understand and agree that it is reasonable that the ASP System should not be available occasionally, for example, when updates are being installed.
Security and Confidentiality
- We operate our ASP System with redundant disc configurations as part of our endeavours to provide operating data security. All servers are operated behind firewalls as part of our endeavours to provide protection from illegal access (hacking). We shall use our best endeavours to have these systems operating at all times.
- All data on the ASP server will be backed up regularly.
- We shall use all reasonable endeavours that your data which are maintained on the ASP System will be kept confidential and will not knowingly be disclosed to a third party unless required by law or an appropriate authorised authority or, for website hosting, unless you intend that it should be disclosed on the internet. Where applicable, we are registered with the appropriate data protection authority required by the Law relating to this Agreement. Where applicable, you also warrant that you are registered with the appropriate authorities relevant to your activities.
ASP Support for you will be available during our normal business hours 09.00 to 17.30 Monday to Friday in each week (except for national holidays) that this Agreement is in force as follows:
- Help Desk facilities. You should email our Help Desk which is available during our normal business hours in the event of a problem or failure of the ASP System or Application performance.
- Your nominated Contact person (this should be the main account holder unless otherwise specified) must submit sufficient material and information to enable our support staff to duplicate the problem. Our support staff will attempt to solve a problem immediately, or as soon thereafter as possible.
- When appropriate, our support staff will give an estimate of how long it will take to resolve and where possible provide a temporary workaround solution until the problem has been resolved. We will keep you advised on the progress of problem resolution. We shall apply a ticket system with status to inform you through your nominated Contact person of progress.
- ASP Support for you will be available during our normal business hours 09.00 to 17.30 Monday to Friday in each week (except for national holidays) that this Agreement is in force as follows:
7. Conditions of Use of the Applications and ASP System
- The ASP System and Applications may only be accessed and used by the number of your employees or your authorised agents (“seats”) who have been issued with a login ID and password which you have paid for.
- You are solely responsible and liable for use of the ASP System and Applications by your personnel/seats including but not limited to proper use of your login IDs and passwords. You must notify us immediately if you suspect that there has been any breach of this provision.
- Shared access (with personnel other than your employees or your authorised agents) to the Applications and ASP System is not permitted under this Agreement without our prior written consent.
- You shall use the Applications and ASP System solely for the purposes of your principal business within the Territory as disclosed in full to us prior to execution of this Agreement and from time to time thereafter in the event of any change or relevant diversification.
- You shall not reproduce or redistribute the Applications or our Software in machine readable form other than with our prior written consent.
- You shall not otherwise than with our prior written consent use, store, download, sell, redistribute or deal with the Applications or our Software in any manner or for any other purpose than in accordance with this Agreement.
- You shall be liable, notwithstanding any other remedies we may have against you including termination of this Agreement to indemnify us for any loss we suffer and/or to reimburse us for the gain you obtain in contravention of this Clause.
- You shall faithfully reproduce or, if omitted, add the copyright symbol and our clause and/or the clause of the Application copyright owner as may be identified on the Application, our Software or other software or proprietary material as follows: “© 2013 Moobiz Limited trading as Moobiz ALL RIGHTS RESERVED” to all information obtained from the ASP System or by use of the Applications or our Software, on all copies (authorised or otherwise) made whether in printed form, magnetic or any other media.
- You agree and acknowledge that you are aware that use of the Applications, whether by accessing, utilizing, storing or otherwise dealing with the same may from time to time be subject to certain statutory or other external regulations, conditions and restrictions (including but not limited to data protection, financial services, etc regulations). You undertake to comply with all such regulations, conditions or restrictions. This includes, without limitation, not to use the “broadcast emails” functionality to transmit, or to instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender, save where that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient; and the direct marketing is in respect of that person's similar products and services only; and the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.
Other than with our prior written consent, you are expressly prohibited from using or redistributing the Applications or ASP Services for the purposes of:
- acting, either yourself or in conjunction with any other party, as an ASP System/service provider/enabler;
- commercial redistributing or reproduction of the same through your own or any third party network, cable or satellite system;
- permitting or allowing the Applications, our Software or ASP System to infringe or be infringed or otherwise prejudice the proprietary rights of ours, Applications or System Suppliers;
- allowing any third party to access the Applications or ASP System unless expressly so permitted by us.
- You shall at all times permit us to have access to your location upon reasonable notice and to your user personnel, the Equipment, our Software and Applications for the purposes of upgrading, inspection, testing, monitoring and verification in accordance with the terms of the Agreement.
- You acknowledge that use of the Applications requires your users to have proper training in use of the same. You warrant that you shall be solely liable to ensure the same.
- We may display your trade mark, service mark, logotype, trading style and/or company name on our website and on our marketing communications. You grant us a licence to do so.
- If you use our website hosting services, you agree to, and acknowledge that you will, comply at all times with the Acceptable Use Policy (“AUP”), as well as with any posted modifications to it, which AUP is annexed as a Schedule to this agreement, and you agree to compel all users of your website to comply at all times with the AUP, as well as with any posted modifications to it.
- You are responsible for moderating all content on any site we host for you that is generated by any user.
- You agree and acknowledge that we are entitled at any time and without notice to remove any website we host for you from our server and/or to bar access to it in the event of any violation or alleged or suspected violation of reasonable standards of behaviour by you or by end users of your website or if otherwise authorised so to do by a competent law enforcement agency.
- You agree and acknowledge that we may be required by a law enforcement agency to monitor content and traffic of any website we host for you and if necessary give evidence of the same together with use of the logon ID to support or defend any dispute or actionable cause or matter which arises in relation to the same.
8. Your Equipment and Access to the ASP System
- We may at any time disconnect or require you to disconnect your computer equipment (“Equipment”) from accessing and using the ASP System or Applications if in our opinion, such Equipment is or has been the cause or is likely to be the cause of failures, interruptions, errors or defects in the ASP System. In the event that you are so required to disconnect, we will as soon as possible thereafter, advise you of such changes as must be made to such Equipment to enable you to resume access and use of the ASP System and the Applications subject (where applicable) to such further charges as we shall determine.
- Any breach of sub clause (a) or unauthorized access to or use of the ASP System will entitle us at our sole discretion, in addition to any other remedy we may have, to terminate access rights to the ASP System and/or Applications immediately (temporarily or permanently) or terminate this Agreement as a whole.
- You shall ensure that the Equipment shall not be used to access or retrieve any part of the ASP System which is not part of the Applications licensed to you under this Agreement.
You shall not without our express prior written consent, and shall ensure that no other person shall:
- make any additions, modifications, adjustments or alterations to the Applications, our Software or the ASP System;
- attempt to rectify or permit any persons other than us or our agent to rectify any fault or inaccuracy in the Applications, our Software or the ASP System;
- otherwise tamper with the Applications, our Software or the ASP System;
- use your Equipment (when dealing in any way with the Applications or ASP System) in a manner which is inconsistent with the terms and conditions of this Agreement;
- permit the Equipment to be linked to or communicate in any manner or be used in connection with any other party’s ASP system, time sharing or other system, computer bureau, applications or telecommunication service or any other service system or information distribution network, whereby the information, material or Applications obtained from the ASP System can be/are being accessed, used, stored or redistributed as the case may be, by or through any such other equipment.
- You shall at all times permit us to have access by dial up or such other method to your local area network and to the Equipment and our Software for the purposes of providing the services hereunder and for inspection, testing and monitoring in accordance with this Agreement.
9. Fees and Charges
- You shall pay us the Fees and Charges specified on your “Account Settings” page as such charges may be varied from time to time by us giving you 30 days’ prior written notice. Such variation shall take effect upon expiry of the notice period unless you elect to terminate this Agreement in accordance with the provisions of Clause 14.
- License Fees and ASP Support charges are payable in advance as or unless otherwise specified on your “Account Settings” page.
- All other fees and charges shall, unless otherwise specified on your “Account Settings” page be payable within 7 days of receipt of our invoice therefor.
- In the event of late/non-payment of any of the Fees and Charges, we reserve the right (without liability) to bar you access to the Applications and ASP System by whatever means it deems appropriate including, without limitation, by suspending or disconnecting any website hosting service, until such time as payment is received in full.
- Notwithstanding (d) above, we reserve the right to charge interest on overdue invoices at the rate of 4 per cent over the British Bankers’ Association three month LIBOR (London inter-bank offered rate) for the currency of the United Kingdom from the due date until the total invoice sum has been paid.
10. Copyright, Patents, Trade Marks and Other Intellectual Property Rights relating to the Applications, our Software and/or the ASP System
- You acknowledge that any and all of the copyright, patents, trade marks, and other intellectual property rights subsisting in or used in connection with the Applications, our Software and the ASP System including the manner in which it is comprised, compiled, presented or appears (“look and feel”) and all information, documentation and manuals relating thereto are (unless another owner is specified therein or thereon such party being hereinafter referred to as the “Owner”) our property or the property of the Owner (as the case may be) and you shall not during or at any time after the expiry or termination of the Agreement in any way question or dispute the ownership by either as the case may be of any such rights.
- In the event that new inventions, designs or processes evolve or are created in performance of or as a result of this Agreement, you acknowledge that these are, or shall be, our property unless otherwise agreed in writing by us.
- Notwithstanding the generality of sub clauses (a) and/or (b) above, all feedback, comments and suggestions for improvements, in any form, and any contribution you make to our website by posting content and communicating with any other user of our services by posts on our website will remain the sole and exclusive property of the creator but, if or insofar as we act in accordance therewith, we, and any transferee of, or successor to, our business, are and shall be entitled to do so by way of an irrevocable, non-exclusive, royalty-free licence under any intellectual property subsisting, obtained or applied for by you in relation thereto, exercisable (to the extent that you are entitled to grant such a licence) in any country in the world. By posting feedback, comments and/or suggestions for improvements in any form, and/or by making any contribution to our website by posting content and/or communicating with any other users of our services by posts on our website, you irrevocably licence us to use all those rights under a non-exclusive, royalty-free licence.
- You shall not during or after the expiry or termination of this Agreement, without our prior written consent or that of the Owner as the case may be or to the extent only permitted by the applicable law, abuse or permit the abuse of such copyright, patent or other intellectual property right or use or adopt any trade mark, trade name or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name or commercial designation used by us or the Owner as the case may be.
Infringement of the ASP System and Content
You undertake not to reproduce, adapt, translate, arrange or make available to any third party, either directly or indirectly, any part of the ASP System, or software (including but not limited to our Software) or its contents of which the Applications forms a part (including any electronic materials necessary for its operation) except to the extent that and for so long as you are expressly permitted to do so in accordance with this Agreement, or as permitted by any mandatory provisions of law, and undertake to take all necessary steps to prevent access to the ASP System by any person except those of your authorised employees/seats who have access for the purposes permitted by this Agreement.
Unauthorized Extraction and Re-utilization
Notwithstanding other provisions of this clause and irrespective of whether or not copyright in the ASP System, software or content is owned by us, you shall not, other than as expressly permitted in this Agreement, extract or re-utilize the contents of the ASP System (or any part thereof) for any commercial purpose including but not limited to trading, building commercial ASP Systems, reselling or redistributing the Applications.
You acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the ASP System or its Applications, and that any such infringement by you may result in incalculable damage and/or loss to us and/or the Owner, and accordingly agree that, in addition to any other right or remedy of either us or the Owner, we or the Owner shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof. You undertake to indemnify us and/or the Owner in full, against all loss, damage, costs and expenses (including loss of profit) which may be incurred by us and/or the Owner by reason of any such infringement by you.
11. Confidential Information
- We regard the information, facilities, software and services relating to the ASP System and the Applications or marketing thereof as confidential to us and you hereby agree that you will use such confidential information solely for the purposes of this Agreement and that you shall not disclose, whether directly or indirectly, to any third party such information other than as required to carry out the purposes of this Agreement.
- In cases where disclosure is necessary, you will, prior to any such disclosure, obtain from such third parties duly binding agreements to maintain in confidence the information to be disclosed to the same extent at least as you are bound to us hereunder.
- We agree to keep your data maintained on the ASP System confidential in accordance with clause 6(b)(iii) above.
- The foregoing provisions shall not prevent the disclosure or use by either party of any information which is or hereafter, through no fault of the receiving party, becomes public knowledge or to the extent permitted by the applicable law.
- We undertake to use all reasonable endeavours to ensure that the Applications are accessible using the ASP System during the uptime specified in clause 6 and that if any material errors occur in the Applications or ASP System they will addressed as soon as possible.
- Other than as provided in sub clause (a) above, we shall not be liable in contract, tort or otherwise for any direct, indirect or consequential loss or damage sustained by you or others directly or indirectly making use of the Applications, the ASP System and our Software including but not limited to any loss or damage resulting as a consequence of any defects, delays, interruptions or failures in the ASP System, our Software or inaccuracies or errors in the Applications and specifically excludes the same to the extent permitted by the law applicable to this Agreement.
- We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the server, the connectivity to the internet, the hosting, the website we host for you, or the use, application or support or otherwise.
- Notwithstanding the generality of the sub clauses (b) and (c) above, we expressly exclude liability for consequential loss, damage or corruption to any website we host for you, other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.
- Unless otherwise excluded pursuant to the foregoing provisions of this Clause, our liability in contract, tort or otherwise for any direct, indirect or consequential loss or damage (excluding death or personal injury) sustained by you or others directly or indirectly making use of or arising in any way from the Applications, ASP System whether arising as a result of our negligence, wilful default, misrepresentation or other breach or breaches of our duties or obligations, shall be limited to the total Fees and Charges payable by you in respect of the Applications and hosting in the relevant year.
- You undertake fully and effectively to indemnify us and keep us indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of any breach by you of any of the provisions of this Agreement or any schedule attached or adopted as relative hereto.
- You further undertake that you will not seek to recover and shall not be entitled to recover from us or to be indemnified by us in respect of any direct, indirect or consequential loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained, incurred or paid by you to any party in respect of any of the matters specified in this Agreement and in any schedule attached or adopted as relative hereto other than as required by the applicable law.
14. Term and Termination
- This Agreement shall take effect on the date when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification or you first access the ASP System and Applications whichever is the earlier and shall continue for a period from month to month thereafter until or unless terminated by either party giving to the other not less than 1 months prior written notice, subject always to prior termination as herein specified.
Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, either party may forthwith terminate this Agreement by written notice to the other if any of the following events shall occur:
- if the other party commits any breach of the terms or conditions of this Agreement including the terms, conditions and provisions of any schedule attached or adopted hereto and fails to remedy such breach (or in so far as such breach is not capable of remedy to furnish adequate compensation therefor) within (30) thirty days after receiving written notice from the party requiring it so to do;
- if the other party becomes bankrupt or compounds or makes any arrangement with or for the benefit of its creditors or (being a private limited or a public limited company or equivalent organisation in the jurisdiction of the applicable law) enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution shall be threatened or levied upon any equipment and/or software or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this Agreement.
- Termination of this Agreement shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed not to be affected by expiry or termination hereof.
- You undertakes that within seven (7) days after the date of expiry or termination of this Agreement for whatever reason, your shall uninstall/purge/expunge from your Equipment, our Software, supporting software (if any) and any copies of any parts of the Applications transferred and/or stored during this Agreement and furnish us with a certificate, certifying that it has so uninstalled/purged/expunged the same, or permit our personnel access to your Equipment, personnel and premises so to do.
15. Force Majeure
Neither party shall be liable to the other in any way whatsoever for failure, interruption, delay or any other matters of the nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock outs and industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the failure of or interruption to the ASP System, our Software, the Applications or problems associated with transmission or access by/to the ASP System; the unavailability of upgrade material, information or Applications for or to update the ASP System, Applications or our Software; or the requisitioning or other act or order by any government department, council or other constituted body.
You shall not without our prior written consent, assign or transfer this Agreement or any of its rights under this Agreement to any other person, firm or company.
Failure or neglect by us to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice our rights to take subsequent action.
18. Entire Agreement and Amendments
This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties prior to the communication by us of acceptance of your offer to enter into this Agreement which constitutes the entire understanding between the parties hereto. Except as otherwise provided herein, no addition, amendment or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of each party by a director or such other duly authorized officer as the case may be.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
In the event that any or any part of the terms, conditions or provisions contained in this Agreement or any schedule attached or adopted as relative hereto shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement shall be governed and construed in all respects in accordance with English Law.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) is intended to ensure the integrity, security, reliability, and privacy of the content, computer servers, services, website and work product (collectively the “System”) related to your use of our services. We retain the right to modify the AUP at any time, effective upon posting the modified AUP to this ASP Website.
You are responsible for complying at all times with this AUP, as well as with any posted modifications thereto. If you do not accept this AUP, you may not access this website or use any of our services.
2. Security of the System
You are prohibited from violating, or attempting to violate, the security of the System. Any such violation may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the System include, without limitation, the following:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; and
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the System;
- Inferring with, intercepting or expropriating any system, data or information; or
- Inferring with service to any user, host, or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system
3. “Spam” and Other Prohibited Actions
You are prohibited from transmitting the same or similar unsolicited email messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more email addresses aggregated as a single email addressee). These unsolicited messages are not only annoying to Internet users, they can increase your costs and degrade the service you receive by clogging the System, rendering your Website inaccessible, and potentially leading to down-time of your Internet applications.
You are prohibited from using the System to infringe on any person’s copyright or other intellectual property rights. Be advised that it is our policy to terminate in appropriate circumstances the accounts of repeat infringers of copyright, and that you may be ordered by a court to pay money damages to the rightful owner of any intellectual property rights you violate.
In addition, you must not:
- Post, email or otherwise transmit or use the System in furtherance of any unlawful, harmful, harassing, defamatory , threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person’s privacy or other rights;
- Continue to send email to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and encourage conduct that would constitute a fraudulent or other criminal offence or give rise to civil liberty for us;
- Spoof or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any email or other posting;
- Engage in deceptive on-line marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
4. Your Content
You must exercise caution, good sense and proper judgment in using the System.
You are responsible for all your content and website links hosted by us. You agree, represent and warrant that any information you post or provide to us by means of the System is truthful, accurate, not misleading and offered in good faith. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
We do not screen communications and are not responsible for screening or monitoring content used by you. We reserve and have the right (but not the obligation) in our sole discretion to refuse or delete any of your content which we reasonably consider to violate this AUP or to be otherwise illegal.
You agree that use of any information obtained via the Service is at your own risk.
5. Consequences of Unacceptable Use
We reserve the right to suspend or terminate your access to the System upon notice of a violation or attempted violation of this AUP. Indirect or attempted violations of this AUP, and actual or attempted violations of this AUP. Indirect or attempted violations of this AUP, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this AUP. Furthermore, it is a violation of this AUP to use the services of another company’s service could reasonably be expected to affect the System in any manner.
6. Questions, Comments or Complaints
If you are unsure whether any contemplated use is permitted or have any comments regarding prohibited use or other abuse of the System, please direct questions or comments to: email@example.com.