ACCEPTABLE USE POLICY
Last Modified: November 6, 2020
This Acceptable Use Policy (“AUP”) sets forth the principles that govern the use of services provided by Sidepart Digital Ltd. (the “Service Provider”).
The Service Provider reserves the right to revise the Acceptable Use Policy at any time and shall place such revised policy on its website at least thirty (30) calendar days before it becomes effective. The Client’s continued use of the Service Provider’s service(s) shall constitute continued acceptance of this AUP.
- The Client agrees to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by the Service Provider. The following are prohibited uses of Services:
- Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, material kept in violation of state laws or industry regulations such as social security numbers or credit card numbers, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable material of any kind or nature. The Client may not transmit, distribute, or store material that contains a virus, “Trojan Horse,” adware or spyware, malware, corrupted data, or any software or information to promote or utilize software or any Services to deliver unsolicited e-mail. The Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
- The sending of any form of unsolicited bulk email (“spam”) through The Service Provider’s servers is prohibited. Likewise, the sending of spam from another service provider advertising a website, email address or utilizing any resource hosted on the Service Provider’s servers, is prohibited. The Services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this AUP or that of the other provider.
- Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send spam, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Forwarding Internet users to any website that, if such website were hosted by the Service Provider, would violate the provisions of this AUP.
- Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other customer, regardless of the network.
- Using the Service Provider’s Services in a manner that interferes with the use or enjoyment of the services by other Clients or authorized users. This shall include excessive use of services which impair the fair use of other Clients of the Service Provider.
- Using the Website as online backup or storage, or mirroring mass downloads.
- Impersonating any person or entity, including, but not limited to, an employee of the Service Provider, or falsely stating or otherwise misrepresenting the Client’s affiliation with a person or entity.
- The Client acknowledges and agrees that the Service Provider does not intend use of the Service Provider’s services to create obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and makes no representations that the services satisfy HIPAA requirements. If the Client is (or becomes) a Covered Entity or Business Associate, as those terms are defined in HIPAA, the Client will not use the services for any purpose or in any manner involving Protected Health Information, as that term is defined in HIPAA, unless the Client has received prior written consent to such use from the Service Provider.
- The Client acknowledges and agrees that it is a violation of this AUP for its services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of the Service Provider’s Platform or the services of other Clients, regardless of whether such interruption, degradation, interference or burden is the result of the Client’s actions or those of a third party over which the Client has no control.
- The Client is solely responsible for the content it uploads to its website in connection with the services provided by the Service Provider. The Service Provider does not review or screen the content in its Client’s websites and does not assume any obligation to monitor such content. However, the Client agrees that the Service Provider may review all hosted websites or other content in responding to a third party complaint or for any other reason.
- The Client may access the Service Provider’s services for lawful purposes only. The Client is solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to use of the services offered by the Service Provider. The Client agrees that it will not
(i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation;
(ii) upload or otherwise transmit any content that the Client does not have a right to transmit under any law or contractual or fiduciary duty;
(iii) interfere or infringe with any trademark or proprietary rights of any other party;
(iv) interfere with the ability of other users to access or use the Service Provider’s services;
(v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which the Client is not authorized to claim such a relationship;
(vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or
(vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Services.
- The Client represents and warrants that no federal, provincial, state, or local authority prohibits or materially limits the Service Provider from transacting business with the Client or providing services to the Client or its agents, representatives, affiliates or related entities. If, at any time, a federal, provincial, state, or local authority prohibits or materially limits the transaction of business or the Service Provider’s provision of Services to the Client or its agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this AUP and a material breach of the Terms of Service Agreement.
If the Service Provider determines in its sole discretion that the Client’s conduct violates the terms of AUP, the Service Provider may suspend, restrict, terminate, delete content, or take any other appropriate action with regard to the services, without any obligation to refund fees paid. The Service Provider reserves the right to take such actions without notice to the Client. The Client understands that the Service Provider reserves the right to conclude that the Client’s conduct is in violation of the standards set forth in this AUP. The Client agrees that the Service Provider, in responding to a third party complaint, reserves the right in its sole discretion to suspend or terminate the services subject to this AUP without notice and with no obligation to refund fees paid. The Client also understands and agrees that by providing Services, the Service Provider in no way endorses the Client’s website or deems the website content to be suitable under the terms of this AUP.
The Client agrees that the Service Provider shall under no circumstances be held liable on account of any action the Service Provider takes, in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.