1. Your use of CustomTec Services
1.1 This Acceptable Use Policy (“AUP”) describes how You must use and what You cannot do with any of the services CustomTec (“we”, “our”) provide to You on our platforms or infrastructure (“Services”). While some of the Services are based on a Managed Cloud Platform (“MCP”) (which may comprise computing hardware and software, including automation and orchestration tools), other Services may be provided utilising a more conventional delivery method and/or platform.
1.2 You are solely responsible for:
(a) the content, materials and data that You create upload to and process on our infrastructure;
(b) the content, materials and data that You create through Your use of the Services; and
(c) applications and other software that You install on our infrastructure.
Together, Your “Client Content”.
1.3 This Policy applies to all uses of our infrastructure and Services, and includes use resulting from or involving Client Content. This Policy does not distinguish between the platform or delivery method, rather applies to all of our Services based on our infrastructure.
1.4 You will comply with all applicable laws and regulations when using the Services and will not allow any illegal or improper use of the Services.
2. This Policy, and future Changes to this Policy
2.1 CustomTec may change this Policy from time to time, and we will do so by posting an updated version to the CustomTec website.
(a) If You do not agree with this Policy, or changes to it, You must stop using the Services.
(b) If You continue to use the Services, You are deemed to have accepted the Policy and changes.
3. Application of this Policy
3.1 This Policy applies to the use of our Services by all Your users, Your customers, Your third party service providers and other end-users (“Users”). You are responsible for the acts and omissions of all Users.
4. Service Usage Limits
4.1 CustomTec reserve the right to impose limits on any bandwidth or data storage capacity available to You. If we do so, You agree that You will comply with these limits. If You exceed these limits, or use a disproportionate share of the available bandwidth, we may limit or “throttle” Your bandwidth or capacity usage or impose traffic management procedures.
4.2 You may not circumvent any limits that CustomTec place on Your use of the Services.
5. Email and Spam
5.1 You may not use the Services to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner. For example, You may not:
(a) create or send hoax emails or chain emails;
(b) send unsolicited commercial email or bulk email (“spam” or “spamming”);
(c) harvest email addresses;
(d) use open proxies or relays to allow spamming; or
(e) impersonate someone else (“spoofing”) or falsify message header information.
5.2 All commercial email promoting goods or services You send using the Services must comply with all applicable laws, rules, regulations, industry codes and similar guidelines.
6.1 You may not use the Services or allow the Services to be used to:
(a) gain unauthorised access to computer systems or engage in security attacks of any kind including:
(i) against trust (e.g. email spoofing, password cracking, IP spoofing and DNS poisoning);
(ii) against confidentiality and integrity (e.g. use of malware or other malicious programs); or
(iii) against availability (e.g. DDOS and email bombs)
(b) corrupt, modify or intercept electronic communications intended for any other person or entity; or
(c) interfere with or disrupt the operation of any of the Services.
6.2 You may not avoid any limitations CustomTec place on Your use of the Services.
7. Abuse and Illegal Behaviour
7.1 You may not use the Services to:
(a) conduct or engage in any illegal business or activity;
(b) infringe any third party intellectual property right (for example copyright, patents, trademark, trade secret or know-how);
(c) collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; or
(d) create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material
8. Law Enforcement
8.1 CustomTec reserve the right at any time and without notice to investigate any suspected breach of this AUP or misuse of our Services.
8.2 CustomTec may block access to Client Content or remove it from the Services if we have reasonable grounds to suspect that it breaches this AUP.
8.3 CustomTec may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators and other appropriate third parties to help with the investigation and prosecution of illegal conduct. This cooperation may include disclosing information and data about MCPs and the Services to them and providing them with information about Your use of the Services and Client Content when we are legally required to do so.
9. Suspension or Termination of Services
9.1 If You breach this AUP or misuse the Services or allow others to do so, CustomTec may suspend or terminate Your use of the Services.
9.2 If CustomTec decide that the breach can be remedied without suspending Your access to the Services, we will request You to remedy the breach within the time period that we specify. If the breach is not remedied within that time period, CustomTec reserve the right to suspend Your access to the Service.
9.3 If CustomTec suspend Your access to the Service we may terminate Your access to the Service if You do not correct the reason for suspension within seven days of the suspension.
10. Reporting of Breaches of the AUP
10.1 You will immediately notify CustomTec if You become aware of any breach of this AUP and assist us to investigate or remedy the breach.
Revision Date: Thursday, 03 January 2019